Defense Federal Acquisition Regulation Supplement; Wage Determinations (DFARS Case 2006-D043), 20763-20764 [E7-7908]

Download as PDF Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations solicitations and purchase orders issued under the PA cited in 219.800. 219.812 [Removed] 20. Section 219.812 is removed. I 21. Section 219.1101 is added to read as follows: I 219.1101 General. The determination to use or suspend the price evaluation adjustment for DoD acquisitions can be found at https:// www.acq.osd.mil/dpap/dars/classdev/ index.htm. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 22. Section 252.212–7001 is amended by revising the clause date and paragraphs (b)(2) and (3) to read as follows: 252.212–7001 Contract terms and conditions required to implement Statutes or Executive orders applicable to Defense acquisitions of commercial items. * * * 252.219–7004 Small business subcontracting plan (test program). * * * * * SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (APR 2007) * * * * * (d) The failure of the Contractor or subcontractor to comply in good faith with (1) the clause of this contract entitled ‘‘Utilization of Small Business Concerns,’’ or (2) an approved plan required by this clause, shall be a material breach of the contract. [FR Doc. E7–7906 Filed 4–25–07; 8:45 am] I * 24. Section 252.219–7004 is amended by revising the section heading, the clause title and date, and paragraph (d) to read as follows: I BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE Defense Acquisition Regulations System 48 CFR Part 222 B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment under 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2006–D043. Defense Federal Acquisition Regulation Supplement; Wage Determinations (DFARS Case 2006– D043) * AGENCY: * * * Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. (b) * * * (2) ll 252.219–7003, Small Business Subcontracting Plan (DoD Contracts) (APR 2007) (15 U.S.C. 637). (3) ll 252.219–7004, Small Business Subcontracting Plan (Test Program) (APR 2007) (15 U.S.C. 637 note). * * * * * 23. Section 252.219–7003 is amended by revising the section heading, the clause title and date, the introductory text preceding paragraph (a), and paragraph (g) to read as follows: I 252.219–7003 Small business subcontracting plan (DoD contracts). * * * * * SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (APR 2007) This clause supplements the Federal Acquisition Regulation 52.219–9, Small Business Subcontracting Plan, clause of this contract. pwalker on PROD1PC71 with RULES * * * * * (g) In those subcontracting plans which specifically identify small businesses, the Contractor shall notify the Administrative Contracting Officer of any substitutions of firms that are not small business firms, for the small business firms specifically identified in the subcontracting plan. Notifications shall be in writing and shall occur within a reasonable period of time after award of the subcontract. Contractorspecified formats shall be acceptable. VerDate Aug<31>2005 17:20 Apr 25, 2007 determinations for construction and service contracts. This final rule makes the following corresponding DFARS changes: Æ Revises the heading of sections 222.001 and 222.1008. Æ Relocates text addressing use of the Service Contract Act Directory of Occupations, from 222.1008–2 to 222.1008–1, and updates the text to reflect the replacement of Standard Form 98a with the electronic e98 process. Æ Removes obsolete text at 222.1008– 7 and 222.1014. In addition, this final rule adds DFARS section 222.404–2, which contains a reference to internal DoD procedures for obtaining clarification of proper application of construction wage rate schedules. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. RIN 0750–AF59 * CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS APPLICABLE TO DEFENSE ACQUISITIONS OF COMMERCIAL ITEMS (APR 2007) * 20763 Jkt 211001 SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to update procedures for obtaining Department of Labor wage determinations for construction and service contracts. The DFARS amendments are consistent with changes made to the Federal Acquisition Regulation. EFFECTIVE DATE: April 26, 2007. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0328; facsimile (703) 602–0350. Please cite DFARS Case 2006–D043. SUPPLEMENTARY INFORMATION: A. Background Item IV of Federal Acquisition Circular 2005–10, published at 71 FR 36930 on June 28, 2006, amended the Federal Acquisition Regulation to implement the Wage Determinations OnLine internet Website as the source for obtaining Department of Labor wage PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Part 222 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 222 is amended as follows: I PART 222—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 1. The authority citation for 48 CFR part 222 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 222.001 is amended by revising the section heading to read as follows: I E:\FR\FM\26APR1.SGM 26APR1 20764 222.001 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations Definitions. * * * * I 3. Section 222.404–2 is added to read as follows: 222.404–2 General requirements. (c)(5) Follow the procedures at PGI 222.404–2(c)(5) when seeking clarification of the proper application of construction wage rate schedules. 4. Section 222.1008 is revised to read as follows: I 222.1008 Procedures for obtaining wage determinations. 5. Section 222.1008–1 is added to read as follows: I 222.1008–1 Obtaining wage determinations. Follow the procedures at PGI 222.1008–1 regarding use of the Service Contract Act Directory of Occupations when preparing the e98. 222.1008–2, [Removed] Ms. Felisha Hitt, Defense Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0310; facsimile (703) 602–0350. Please cite DFARS Case 2006–D065. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: * 222.1008–7, and 222.1014 6. Sections 222.1008–2, 222.1008–7, and 222.1014 are removed. I [FR Doc. E7–7908 Filed 4–25–07; 8:45 am] BILLING CODE 5001–08–P A. Background Defense Acquisition Regulations System 48 CFR Parts 222 and 252 RIN 0750–AF65 Defense Federal Acquisition Regulation Supplement; Military Construction on Guam (DFARS Case 2006–D065) Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. pwalker on PROD1PC71 with RULES AGENCY: VerDate Aug<31>2005 17:20 Apr 25, 2007 Jkt 211001 This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment under 41 U.S.C. 418b is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2006–D065. C. Paperwork Reduction Act SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to remove text addressing a statutory prohibition on the use of nonimmigrant aliens to perform work under contracts for military construction on Guam. The statutory prohibition was repealed by Section 2810 of the National Defense Authorization Act for Fiscal Year 2007. EFFECTIVE DATE: April 26, 2007. The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Parts 222 and 252 Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR parts 222 and 252 are amended as follows: I Frm 00064 Fmt 4700 PART 222—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 2. Section 222.7300 is revised to read as follows: Sfmt 4700 222.7300 Scope of subpart. This subpart— (a) Implements Section 390 of the National Defense Authorization Act for Fiscal Year 1998 (Pub. L. 105–85); and (b) Applies to contracts for base operations support on Guam that— (1) Are awarded as a result of a competition conducted under OMB Circular A–76; and (2) Are entered into or modified on or after November 18, 1997. 3. Section 222.7301 is amended by revising paragraph (a) to read as follows: I 222.7301 Prohibition on use of nonimmigrant aliens. (a) Any alien who is issued a visa or otherwise provided nonimmigrant status under Section 101(a)(15)(H)(ii) of the Immigration and Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)) is prohibited from performing work under a contract for base operations support on Guam. * * * * * 4. Section 222.7302 is revised to read as follows: I 222.7302 Contract clause. Use the clause at 252.222–7005, Prohibition on Use of Nonimmigrant Aliens—Guam, in solicitations and contracts subject to this subpart. 222.7303 I [Removed] 5. Section 222.7303 is removed. PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 252.222–7005 [Amended] 6. Section 252.222–7005 is amended in the introductory text by removing ‘‘222.7303’’ and adding in its place ‘‘222.7302’’. I Government procurement. PO 00000 Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. I 10 U.S.C. 2864 contained a prohibition on the performance of work by persons with nonimmigrant status under contracts for military construction on Guam. Section 2810 of the National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109–364) repealed 10 U.S.C. 2864. Therefore, this final rule revises DFARS Subpart 222.73 to remove references to the prohibition of 10 U.S.C. 2864. The statutory prohibition on the use of nonimmigrant aliens under contracts for base operations support on Guam (Pub. L. 105–85, Section 390) is still in effect and continues to be implemented in DFARS Subpart 222.73. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DEPARTMENT OF DEFENSE 1. The authority citation for 48 CFR parts 222 and 252 continues to read as follows: I [FR Doc. E7–7912 Filed 4–25–07; 8:45 am] BILLING CODE 5001–08–P E:\FR\FM\26APR1.SGM 26APR1

Agencies

[Federal Register Volume 72, Number 80 (Thursday, April 26, 2007)]
[Rules and Regulations]
[Pages 20763-20764]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-7908]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 222

RIN 0750-AF59


Defense Federal Acquisition Regulation Supplement; Wage 
Determinations (DFARS Case 2006-D043)

AGENCY: Defense Acquisition Regulations System, Department of Defense 
(DoD).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: DoD has issued a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to update procedures for 
obtaining Department of Labor wage determinations for construction and 
service contracts. The DFARS amendments are consistent with changes 
made to the Federal Acquisition Regulation.

EFFECTIVE DATE: April 26, 2007.

FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition 
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0328; 
facsimile (703) 602-0350. Please cite DFARS Case 2006-D043.

SUPPLEMENTARY INFORMATION:

A. Background

    Item IV of Federal Acquisition Circular 2005-10, published at 71 FR 
36930 on June 28, 2006, amended the Federal Acquisition Regulation to 
implement the Wage Determinations OnLine internet Website as the source 
for obtaining Department of Labor wage determinations for construction 
and service contracts.
    This final rule makes the following corresponding DFARS changes:
    [cir] Revises the heading of sections 222.001 and 222.1008.
    [cir] Relocates text addressing use of the Service Contract Act 
Directory of Occupations, from 222.1008-2 to 222.1008-1, and updates 
the text to reflect the replacement of Standard Form 98a with the 
electronic e98 process.
    [cir] Removes obsolete text at 222.1008-7 and 222.1014.
    In addition, this final rule adds DFARS section 222.404-2, which 
contains a reference to internal DoD procedures for obtaining 
clarification of proper application of construction wage rate 
schedules.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    This rule will not have a significant cost or administrative impact 
on contractors or offerors, or a significant effect beyond the internal 
operating procedures of DoD. Therefore, publication for public comment 
under 41 U.S.C. 418b is not required. However, DoD will consider 
comments from small entities concerning the affected DFARS subparts in 
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 
2006-D043.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

List of Subjects in 48 CFR Part 222

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 222 is amended as follows:

PART 222--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
1. The authority citation for 48 CFR part 222 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.


0
2. Section 222.001 is amended by revising the section heading to read 
as follows:

[[Page 20764]]

222.001  Definitions.

* * * * *

0
3. Section 222.404-2 is added to read as follows:


222.404-2  General requirements.

    (c)(5) Follow the procedures at PGI 222.404-2(c)(5) when seeking 
clarification of the proper application of construction wage rate 
schedules.


0
4. Section 222.1008 is revised to read as follows:


222.1008  Procedures for obtaining wage determinations.

0
5. Section 222.1008-1 is added to read as follows:


222.1008-1  Obtaining wage determinations.

    Follow the procedures at PGI 222.1008-1 regarding use of the 
Service Contract Act Directory of Occupations when preparing the e98.


222.1008-2,  222.1008-7, and 222.1014 [Removed]

0
6. Sections 222.1008-2, 222.1008-7, and 222.1014 are removed.

 [FR Doc. E7-7908 Filed 4-25-07; 8:45 am]
BILLING CODE 5001-08-P