Defense Federal Acquisition Regulation Supplement; Payments on Cost-Reimbursement Contracts for Services (DFARS Case 2006-D066), 42366-42367 [E7-14921]

Download as PDF 42366 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: VerDate Aug<31>2005 15:57 Aug 01, 2007 Jkt 211001 PO 00000 Frm 00049 Fmt 4702 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 VerDate Aug<31>2005 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 02AUP1

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