Defense Federal Acquisition Regulation Supplement; Payments on Cost-Reimbursement Contracts for Services (DFARS Case 2006-D066), 42366-42367 [E7-14921]
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Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules
the Texas Band of Kickapoo and foreign
nationals seeing assistance pursuant to
the Hague Convention. 45 CFR
1626.10(b); 1626.10(c); and 1626.10(d).
The ‘‘otherwise eligible’’ language is
meant to refer to financial eligibility (for
the provision of LSC-funded legal
assistance’’) and to the permissibility of
the legal assistance provided under
applicable law and regulation.
List of Subjects in 45 CFR Part 1626
Aliens, Grant programs—law, Legal
services, Migrant labor, Reporting and
recordkeeping requirements.
For reasons set forth above, and under
the authority of 42 U.S.C. 2996g(e), LSC
proposes to amend 45 CFR Part 1626 as
follows:
PART 1626—Restrictions on Legal
Assistance to Aliens
1. The authority citation for part 1626
continues to read as follows:
Authority: Pub. L. 104–208, 110 Stat 1321;
Pub L. 104–134, 110 Stat. 3009.
2. Amend § 1626.10 by revising
paragraph (a) to read as follows:
§ 1626.10
Special eligibility questions.
(a)(1) This part is not applicable to
recipients providing services in the
Commonwealth of the Northern Mariana
Islands, the Republic of Palau, the
Federated States of Micronesia, or the
Republic of the Marshall Islands.
(2) All citizens of the Republic of
Palau, the Federated States of
Micronesia, and the Republic of the
Marshall Islands residing in the United
States are eligible to receive legal
assistance provided that are they
otherwise eligible under the Act.
*
*
*
*
*
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
provide for interim payments under
cost-reimbursement contracts for
services within 30 days, instead of the
current DoD policy of making payments
within 14 days. The change will not
apply to small business concerns.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
October 1, 2007, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D066,
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–D066 in the subject
line of the message.
• Fax: (703) 602–7887.
• Mail: Defense Acquisition
Regulations System, Attn: Mr. John
McPherson, OUSD(AT&L)DPAP(CPF),
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.
John McPherson, (703) 602–0296.
SUPPLEMENTARY INFORMATION:
Defense Federal Acquisition
Regulation Supplement; Payments on
Cost-Reimbursement Contracts for
Services (DFARS Case 2006–D066)
A. Background
DFARS 232.906 presently provides for
interim payments on costreimbursement contracts for services
within 14 days after receipt of a proper
payment request. The proposed rule
would revise this policy to provide for
payment to other than small business
concerns within 30 days. The proposed
change will allow DoD to better cash
manage payments without having a
significant impact on small business
concerns. The proposed change is
consistent with the policies of other
Government agencies, which do not pay
in 14 days. These payments are subject
to the Prompt Payment Act.
This proposed rule was not subject to
Office of Management and Budget
review under Executive Order 12866,
dated September 30, 1993.
Defense Acquisition
Regulations System, Department of
Defense (DoD).
B. Regulatory Flexibility Act
DoD does not expect this proposed
rule to have a significant economic
Victor M. Fortuno,
Vice President and General Counsel.
[FR Doc. E7–15043 Filed 8–1–07; 8:45 am]
BILLING CODE 7050–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 216, 232, and 252
RIN 0750–AF71
mstockstill on PROD1PC66 with PROPOSALS
Proposed rule with request for
comments.
ACTION:
AGENCY:
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15:57 Aug 01, 2007
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Sfmt 4702
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 proposed rule makes
no change to payment procedures for
small business concerns. 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 subparts
in accordance with 5 U.S.C. 610. Such
comments should be submitted
separately and should cite DFARS Case
2006–D066.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the proposed 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 216,
232, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR Parts 216, 232, and 252 as follows:
1. The authority citation for 48 CFR
Parts 216, 232, and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 216—TYPES OF CONTRACTS
2. Section 216.307 is added to read as
follows:
216.307
Contract clauses.
(a)(i) The following apply to interim
payments on cost-reimbursement
contracts for services:
(A) For contracts with other than
small business concerns, insert the
standard due date of the ‘‘30th’’ day in
paragraph (a)(3) of the clause at FAR
52.216–7.
(B) For contracts with small business
concerns, insert the ‘‘14th’’ day in
paragraph (a)(3) of the clause at FAR
52.216–7.
(ii) For interim payments on costreimbursement contracts for other than
services, insert the ‘‘14th’’ day in
paragraph (a)(3) of the clause at FAR
52.216–7.
PART 232—CONTRACT FINANCING
3. Section 232.906 is revised to read
as follows:
E:\FR\FM\02AUP1.SGM
02AUP1
Federal Register / Vol. 72, No. 148 / Thursday, August 2, 2007 / Proposed Rules
232.906
Making payments.
DEPARTMENT OF DEFENSE
(a)(i) The restrictions of FAR 32.906
prohibiting early payment do not apply
to interim payments made to small
business concerns. However, contractors
shall not be entitled to interest penalties
if the Government fails to make early
payment.
(ii) It is DoD policy to make payments
within 14 days for cost-reimbursement
contracts for services with small
business concerns.
4. Section 232.908 is added to read as
follows:
232.908
Contract clauses.
(c)(3) For cost-reimbursement
contracts for services with small
business concerns, use the clause at
252.232–7XXX, Payments on CostReimbursement Contracts for Services
with Small Business Concerns, instead
of Alternate I of the clause at FAR
52.232–25.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
mstockstill on PROD1PC66 with PROPOSALS
252.232–7XXX Payments on CostReimbursement Contracts for Services with
Small Business Concerns.
As prescribed in 232.908(c)(3), use the
following clause:
PAYMENTS ON COSTREIMBURSEMENT CONTRACTS FOR
SERVICES WITH SMALL BUSINESS
CONCERNS (XXX 2007)
(a) Paragraphs (a)(2), (a)(3), (a)(4)(ii),
(a)(4)(iii), and (a)(5)(i) of the Allowable
Cost and Payment clause (FAR 52.216–
7) do not apply to this contract.
(b) Although accelerated payments
may be made in 14 days in accordance
with section 232.906(a)(ii) of the
Defense Federal Acquisition Regulation
Supplement, for purposes of computing
late payment interest penalties that may
apply, the due date for payment is the
30th day after the designated billing
office receives a proper payment
request.
(c) The Contractor shall submit
requests for interim payments in
accordance with paragraph (a) of FAR
52.216–7, Allowable Cost and Payment.
If the payment request does not comply
with contract requirements, it will be
returned within 7 days after the date the
designated billing office received the
request.
[FR Doc. E7–14921 Filed 8–1–07; 8:45 am]
BILLING CODE 5001–08–P
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15:57 Aug 01, 2007
Jkt 211001
48 CFR Part 252
RIN 0750–AF73
Defense Federal Acquisition
Regulation Supplement; Item
Identification and Valuation Clause
Update (DFARS Case 2007–D007)
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
update and clarify requirements for
unique identification and valuation of
items delivered under DoD contracts.
The proposed rule revises the applicable
contract clause to reflect the current
requirements.
Comments on the proposed rule
should be submitted in writing to the
address shown below on or before
October 1, 2007, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2007–D007,
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 2007–D007 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:
DATES:
5. Section 252.232–7XXX is added to
read as follows:
(End of clause)
Defense Acquisition Regulations
System
The contract clause at DFARS
252.211–7003, Item Identification and
Valuation, requires unique
identification for all delivered items for
which the Government’s unit
acquisition cost is $5,000 or more, and
for other items designated by the
Frm 00050
Fmt 4702
Government. In addition, the clause
requires identification of the
Government’s unit acquisition cost for
all delivered items, and provides
instructions to contractors regarding the
identification and valuation processes.
This proposed rule revises the clause
at DFARS 252.211–7003 to update and
clarify instructions for the identification
and valuation processes. The changes
include: Updating of references to
standards and other documents;
clarification of the definition of unique
item identifier; specifically addressing
the DoD recognized unique
identification equivalent, where
applicable; clarification of data
submission requirements for end items
and embedded items; and clarification
of requirements for inclusion of the
clause in subcontracts.
This proposed 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 proposed
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 proposed rule does
not significantly change existing
requirements relating to the
identification and valuation of items
delivered under DoD contracts.
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 2007–D007.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the proposed 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 252
A. Background
PO 00000
42367
Sfmt 4702
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR Part 252 as follows:
E:\FR\FM\02AUP1.SGM
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]]>Agencies
[Federal Register Volume 72, Number 148 (Thursday, August 2, 2007)]
[Proposed Rules]
[Pages 42366-42367]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-14921]
=======================================================================
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 216, 232, and 252
RIN 0750-AF71
Defense Federal Acquisition Regulation Supplement; Payments on
Cost-Reimbursement Contracts for Services (DFARS Case 2006-D066)
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 provide for interim payments under
cost-reimbursement contracts for services within 30 days, instead of
the current DoD policy of making payments within 14 days. The change
will not apply to small business concerns.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before October 1, 2007, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2006-D066,
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-D066 in the
subject line of the message.
Fax: (703) 602-7887.
Mail: Defense Acquisition Regulations System, Attn: Mr.
John McPherson, OUSD(AT&L)DPAP(CPF), 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. John McPherson, (703) 602-0296.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS 232.906 presently provides for interim payments on cost-
reimbursement contracts for services within 14 days after receipt of a
proper payment request. The proposed rule would revise this policy to
provide for payment to other than small business concerns within 30
days. The proposed change will allow DoD to better cash manage payments
without having a significant impact on small business concerns. The
proposed change is consistent with the policies of other Government
agencies, which do not pay in 14 days. These payments are subject to
the Prompt Payment Act.
This proposed 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 proposed 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 proposed rule makes no change to payment procedures for
small business concerns. 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 subparts in
accordance with 5 U.S.C. 610. Such comments should be submitted
separately and should cite DFARS Case 2006-D066.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the proposed
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 216, 232, and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR Parts 216, 232, and 252 as
follows:
1. The authority citation for 48 CFR Parts 216, 232, and 252
continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 216--TYPES OF CONTRACTS
2. Section 216.307 is added to read as follows:
216.307 Contract clauses.
(a)(i) The following apply to interim payments on cost-
reimbursement contracts for services:
(A) For contracts with other than small business concerns, insert
the standard due date of the ``30th'' day in paragraph (a)(3) of the
clause at FAR 52.216-7.
(B) For contracts with small business concerns, insert the ``14th''
day in paragraph (a)(3) of the clause at FAR 52.216-7.
(ii) For interim payments on cost-reimbursement contracts for other
than services, insert the ``14th'' day in paragraph (a)(3) of the
clause at FAR 52.216-7.
PART 232--CONTRACT FINANCING
3. Section 232.906 is revised to read as follows:
[[Page 42367]]
232.906 Making payments.
(a)(i) The restrictions of FAR 32.906 prohibiting early payment do
not apply to interim payments made to small business concerns. However,
contractors shall not be entitled to interest penalties if the
Government fails to make early payment.
(ii) It is DoD policy to make payments within 14 days for cost-
reimbursement contracts for services with small business concerns.
4. Section 232.908 is added to read as follows:
232.908 Contract clauses.
(c)(3) For cost-reimbursement contracts for services with small
business concerns, use the clause at 252.232-7XXX, Payments on Cost-
Reimbursement Contracts for Services with Small Business Concerns,
instead of Alternate I of the clause at FAR 52.232-25.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Section 252.232-7XXX is added to read as follows:
252.232-7XXX Payments on Cost-Reimbursement Contracts for Services
with Small Business Concerns.
As prescribed in 232.908(c)(3), use the following clause:
PAYMENTS ON COST-REIMBURSEMENT CONTRACTS FOR SERVICES WITH SMALL
BUSINESS CONCERNS (XXX 2007)
(a) Paragraphs (a)(2), (a)(3), (a)(4)(ii), (a)(4)(iii), and
(a)(5)(i) of the Allowable Cost and Payment clause (FAR 52.216-7) do
not apply to this contract.
(b) Although accelerated payments may be made in 14 days in
accordance with section 232.906(a)(ii) of the Defense Federal
Acquisition Regulation Supplement, for purposes of computing late
payment interest penalties that may apply, the due date for payment is
the 30th day after the designated billing office receives a proper
payment request.
(c) The Contractor shall submit requests for interim payments in
accordance with paragraph (a) of FAR 52.216-7, Allowable Cost and
Payment. If the payment request does not comply with contract
requirements, it will be returned within 7 days after the date the
designated billing office received the request.
(End of clause)
[FR Doc. E7-14921 Filed 8-1-07; 8:45 am]
BILLING CODE 5001-08-P
