Defense Federal Acquisition Regulation Supplement; Lease of Vessels, Aircraft, and Combat Vehicles (DFARS Case 2006-D013), 28662-28663 [E7-9744]
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28662
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules
b. Guidance on Determining ‘‘Physical
Completeness’’
to the cognizant FAR team for
consideration.
Comment: One recommendation was
made to provide guidance on ‘‘physical
completion.’’
DPAP Response: DPAP does not
believe additional guidance on this
issue is necessary. FAR 4.804–4
provides specific criteria that must exist
for a contract to be physically complete.
23. Consolidation of Guidance on
Contract Closeout
20. Statute of Limitations
Comment: Two recommendations
were made to shorten the statute of
limitations for submission of a claim
(currently six years) to mitigate issues
concerning expired funds, lost
documentation, software changes, and
Government/contractor storage costs;
and to consider that reducing the period
would set precedence to reduce the time
requirements in other areas.
DPAP Response: The length of time
allowed for the submission of a claim is
directly related to the period specified
in the Contract Disputes Act (41 U.S.C.
605), which was amended upon
enactment of the Clinger-Cohen Act in
1996. Any revision to this period would
require a change to existing statutes.
DPAP believes this issue is better
addressed by focusing on the systemic
issues that hinder contract closeout
rather than pursuing a legislative
change.
21. Transportation Clause
jlentini on PROD1PC65 with PROPOSALS
22. Settlement of Contract Debts
Comment: A recommendation was
made to permit the contracting officer to
negotiate the settlement of contract
debts across a number of contracts. This
would avoid the need to find
replacement funds, which often takes
years and substantially delays the
closeout process.
DPAP Response: DPAP does not
believe any guidance is needed in the
area of contract closeout to address this
issue. However, DPAP notes that there
is a current FAR case that is focusing on
the contract debt process. Therefore,
this recommendation will be forwarded
17:18 May 21, 2007
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
[FR Doc. E7–9734 Filed 5–21–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 207
Comment: A recommendation was
made to revise the clause at DFARS
252.247–7023, Transportation of
Supplies by Sea, to reduce the needless
inclusion of this clause in contracts or
to consider issuing guidance specifying
when the clause needs to be used.
Currently it is often included when
obviously unnecessary.
DPAP Response: DPAP will refer this
issue to the DFARS Transportation
Committee to review whether the
current clause prescription should be
revised.
VerDate Aug<31>2005
Comment: A number of
recommendations were made that the
DCAA Contract Audit Closeout Guide
be incorporated into PGI to establish a
single reference source for contracting
personnel, and that the PGI be
supported with training.
DPAP Response: DPAP agrees that
providing a consolidated resource for
contract closeout guidance will facilitate
the process. Thus, the DFARS case on
contract closeout will include PGI
language on contract closeout. In
addition to providing basic guidance
addressing the contract closeout
process, this PGI section will also
include links to agency guidebooks,
training, and any other relevant
information.
Jkt 211001
RIN 0750–AF39
Defense Federal Acquisition
Regulation Supplement; Lease of
Vessels, Aircraft, and Combat Vehicles
(DFARS Case 2006–D013)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
address statutory provisions relating to
leasing. The proposed rule permits the
lease of a vessel, aircraft, or combat
vehicle only if the contract will be longterm or will provide for a substantial
termination liability.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before July
23, 2007, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D013,
using any of the following methods:
PO 00000
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Fmt 4702
Sfmt 4702
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2006–D013 in the subject
line of the message.
• Fax: (703) 602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. Gary
Delaney, OUSD (AT&L) DPAP(DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
Gary Delaney, (703) 602–8384.
SUPPLEMENTARY INFORMATION:
A. Background
10 U.S.C. 2401, as amended by
Section 815 of the National Defense
Authorization Act for Fiscal Year 2006
(Pub. L. 109–163), permits DoD to award
a contract for the lease of a vessel,
aircraft, or combat vehicle only if the
contract will be long-term or will
provide for a substantial termination
liability, and if the Secretary concerned
fulfills certain other requirements. Prior
to the enactment of Public Law 109–
163, the provisions of 10 U.S.C. 2401
applied to vessels and aircraft; Section
815 of Public Law 109–163 amended 10
U.S.C. 2401 to also include combat
vehicles. This proposed rule amends
DFARS 207.470 to reflect the statutory
provisions.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have
a significant economic impact on a
substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule relates primarily to
DoD planning and budget
considerations with regard to leasing of
vessels, aircraft, and combat vehicles.
Therefore, DoD has not performed an
initial regulatory flexibility analysis.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subpart in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2006–D013.
E:\FR\FM\22MYP1.SGM
22MYP1
Federal Register / Vol. 72, No. 98 / Tuesday, May 22, 2007 / Proposed Rules
C. Paperwork Reduction Act
DEPARTMENT OF DEFENSE
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.
Defense Acquisition Regulations
System
List of Subjects in 48 CFR Part 207
AGENCY:
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR part 207 as follows:
PART 207—ACQUISITION PLANNING
1. The authority citation for 48 CFR
part 207 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 207.470 is amended as
follows:
a. By redesignating paragraphs (a) and
(b) as paragraphs (b) and (c)
respectively;
b. By adding a new paragraph (a); and
c. In newly designated paragraph (c),
by removing ‘‘Except as provided in
paragraph (a) of this section’’ and
adding in its place ‘‘Except as provided
in paragraphs (a) and (b) of this
section’’. The new paragraph (a) reads as
follows:
jlentini on PROD1PC65 with PROPOSALS
Statutory requirements.
(a) Requirement for statutory
authorization for certain contracts
relating to vessels, aircraft, and combat
vehicles. The contracting officer shall
not enter into any contract for any
vessel, aircraft, or combat vehicle,
through a lease, charter, or similar
agreement, or for services that provide
for the use of the contractor’s vessel,
aircraft, or combat vehicle, unless—
(1) The head of the agency has
satisfied the requirements of 10 U.S.C.
2401; and
(2)(i) The contract will be a long-term
lease, charter, or similar agreement (10
U.S.C. 2401(d)(1)); or
(ii) The terms of the contract provide
for a substantial termination liability (10
U.S.C. 2401(d)(2)).
*
*
*
*
*
[FR Doc. E7–9744 Filed 5–21–07; 8:45 am]
BILLING CODE 5001–08–P
VerDate Aug<31>2005
17:18 May 21, 2007
Jkt 211001
Contract Profit/Fee Policies
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Request for public input.
Government procurement.
207.470
48 CFR Part 215
SUMMARY: DoD is conducting a review of
the Department’s contract profit/fee
policies. As part of this review, DoD
would like to hear the views of
interested parties regarding the
effectiveness of the profit/fee policies
presently used for DoD contracts.
DATES: Submit written comments to the
address shown below on or before July
23, 2007.
ADDRESSES: Submit comments to: Office
of the Director, Defense Procurement
and Acquisition Policy, ATTN: OUSD
(AT&L) DPAP (CPF), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Comments also may be
submitted by facsimile at (703) 602–
7887, or by e-mail at Bill.Sain@osd.mil.
FOR FURTHER INFORMATION CONTACT: Mr.
Bill Sain, by telephone at (703) 602–
0293, or by e-mail at Bill.Sain@osd.mil.
SUPPLEMENTARY INFORMATION: DoD
contract profit/fee policies, to include
policy for developing pre-negotiation
profit or fee objectives, are described in
the Defense Federal Acquisition
Regulation Supplement (DFARS), in
sections 215.404–4 and 215.404–70
through 215.404–76. One of the key
aspects of DoD’s profit policy is the
Weighted Guidelines. While there have
been some revisions to the Weighted
Guidelines over the past few years, the
basis for the existing policy was
established in the mid-1980s. Since
then, there have been a number of
changes, including (1) the evolution of
DoD’s acquisition programs, (2)
extensive industry consolidation, and
(3) a significant increase in the number
of DoD contracts for services. In light of
these many changes, DoD is interested
in receiving public input on the existing
profit/fee policies, with regard to those
that are working effectively and those
that should be revised or eliminated,
along with supporting rationale.
Potential areas for consideration
include, but are not limited to, the
following:
• The contractor risk factors used in
DoD’s structured approach for
developing profit/fee objectives,
particularly with regard to—
PO 00000
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Fmt 4702
Sfmt 4702
28663
• The pertinence of the existing
factors;
• Whether the ranges and normal
values used for the existing factors are
still valid; and
• Whether there are other risk factors
that are not reflected in the existing
policies.
• Any changes needed to—
• The technology incentive at DFARS
215.404–71–2(c)(2) and (d)(4);
• The contract type risk factor at
DFARS 215.404–71–3;
• The facilities capital employed
factor at DFARS 215.404–71–4;
• The cost efficiency factor at DFARS
215.404–71–5;
• The modified weighted guidelines
at DFARS 215.404–72;
• The policies as they provide for
consideration of the amount of
investment a contractor has in a
contract;
• The policies as they provide for
consideration of the extent of contract
financing payments;
• The policies as they apply to
contracts for services; and
• The policies as they apply to
contracts for research, development,
test, and evaluation.
• Whether any of the existing
structured approaches for profit analysis
should play a role in establishing the
base fee or pool on award-fee contracts.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
[FR Doc. E7–9754 Filed 5–21–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 232
Contract Financing
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Request for public input.
AGENCY:
SUMMARY: DoD is conducting a review of
the Department’s contract financing
policies. As part of this review, DoD
would like to hear the views of
interested parties regarding the
effectiveness of the financing policies
presently used for DoD contracts.
DATES: Submit written comments to the
address shown below on or before July
23, 2007.
ADDRESSES: Submit comments to: Office
of the Director, Defense Procurement
and Acquisition Policy, ATTN: OUSD
E:\FR\FM\22MYP1.SGM
22MYP1
]]>Agencies
[Federal Register Volume 72, Number 98 (Tuesday, May 22, 2007)]
[Proposed Rules]
[Pages 28662-28663]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-9744]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 207
RIN 0750-AF39
Defense Federal Acquisition Regulation Supplement; Lease of
Vessels, Aircraft, and Combat Vehicles (DFARS Case 2006-D013)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to address statutory provisions relating
to leasing. The proposed rule permits the lease of a vessel, aircraft,
or combat vehicle only if the contract will be long-term or will
provide for a substantial termination liability.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before July 23, 2007, to be considered in
the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D013,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2006-D013 in the
subject line of the message.
Fax: (703) 602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr.
Gary Delaney, OUSD (AT&L) DPAP(DARS), IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Mr. Gary Delaney, (703) 602-8384.
SUPPLEMENTARY INFORMATION:
A. Background
10 U.S.C. 2401, as amended by Section 815 of the National Defense
Authorization Act for Fiscal Year 2006 (Pub. L. 109-163), permits DoD
to award a contract for the lease of a vessel, aircraft, or combat
vehicle only if the contract will be long-term or will provide for a
substantial termination liability, and if the Secretary concerned
fulfills certain other requirements. Prior to the enactment of Public
Law 109-163, the provisions of 10 U.S.C. 2401 applied to vessels and
aircraft; Section 815 of Public Law 109-163 amended 10 U.S.C. 2401 to
also include combat vehicles. This proposed rule amends DFARS 207.470
to reflect the statutory provisions.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD does not expect this rule to have a significant economic impact
on a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule
relates primarily to DoD planning and budget considerations with regard
to leasing of vessels, aircraft, and combat vehicles. Therefore, DoD
has not performed an initial regulatory flexibility analysis. DoD
invites comments from small businesses and other interested parties.
DoD also will consider comments from small entities concerning the
affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments
should be submitted separately and should cite DFARS Case 2006-D013.
[[Page 28663]]
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 207
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR part 207 as follows:
PART 207--ACQUISITION PLANNING
1. The authority citation for 48 CFR part 207 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
2. Section 207.470 is amended as follows:
a. By redesignating paragraphs (a) and (b) as paragraphs (b) and
(c) respectively;
b. By adding a new paragraph (a); and
c. In newly designated paragraph (c), by removing ``Except as
provided in paragraph (a) of this section'' and adding in its place
``Except as provided in paragraphs (a) and (b) of this section''. The
new paragraph (a) reads as follows:
207.470 Statutory requirements.
(a) Requirement for statutory authorization for certain contracts
relating to vessels, aircraft, and combat vehicles. The contracting
officer shall not enter into any contract for any vessel, aircraft, or
combat vehicle, through a lease, charter, or similar agreement, or for
services that provide for the use of the contractor's vessel, aircraft,
or combat vehicle, unless--
(1) The head of the agency has satisfied the requirements of 10
U.S.C. 2401; and
(2)(i) The contract will be a long-term lease, charter, or similar
agreement (10 U.S.C. 2401(d)(1)); or
(ii) The terms of the contract provide for a substantial
termination liability (10 U.S.C. 2401(d)(2)).
* * * * *
[FR Doc. E7-9744 Filed 5-21-07; 8:45 am]
BILLING CODE 5001-08-P
