Defense Federal Acquisition Regulation Supplement; Congressional Notification of Architect-Engineer Services/Military Family Housing Contracts (DFARS Case 2006-D015), 51191 [E7-17427]
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Federal Register / Vol. 72, No. 172 / Thursday, September 6, 2007 / Rules and Regulations
regulations. Nothing in the rule
encourages contracting officers to
wrongly direct subcontract orders.
5. Comment: One source stated that
some of the subcontractors under the
prime contract may compete with the
prime for other prime contracts. The
prime contractor may gain a competitive
advantage over these other contractors
on future competitions, since the prime
will have insight into the composition
of their rates.
DoD Response: Nothing in the rule
provides prime contractors insight into
the composition of their subcontract
rates. The prime contractor will bill for
subcontract labor using its negotiated
fixed hourly rates for the subcontractor.
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 has prepared a final regulatory
flexibility analysis consistent with 5
U.S.C. 604. A copy of the analysis may
be obtained from the point of contact
specified herein. The analysis is
summarized as follows:
This DFARS rule contains a substitute
paragraph for use with the solicitation
provision at FAR 52.216–29. The FAR
provision contains three options for
establishing fixed hourly rates on
competitively awarded non-commercial
time-and-materials and labor-hour
contracts. The DFARS rule requires use
of the FAR option that provides for the
establishment of separate fixed hourly
rates for each category of labor
performed by the contractor and each
subcontractor. The objective of the rule
is to use the FAR option for establishing
labor rates that is the most suitable for
DoD contracts. The rule will apply to all
entities interested in receiving DoD
competitively awarded non-commercial
time-and-materials and labor-hour
contracts. The impact on small entities
is unknown at this time.
C. Paperwork Reduction Act
pwalker on PROD1PC71 with RULES
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.
VerDate Aug<31>2005
18:26 Sep 05, 2007
Jkt 211001
List of Subjects in 48 CFR Parts 216 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
PART 216—[AMENDED]
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 216 and 252,
which was published at 71 FR 74469 on
December 12, 2006, is adopted as a final
rule without change.
I
[FR Doc. E7–17423 Filed 9–5–07; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 236
RIN 0750–AF41
Defense Federal Acquisition
Regulation Supplement;
Congressional Notification of
Architect—Engineer Services/Military
Family Housing Contracts (DFARS
Case 2006–D015)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has adopted as final,
without change, an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section
1031(a)(37) of the National Defense
Authorization Act for Fiscal Year 2004.
Section 1031(a)(37) amended the
requirements for submission of a
notification to Congress before the
award of a contract for architectural and
engineering services or construction
design in connection with military
construction, military family housing, or
restoration or replacement of damaged
or destroyed facilities.
EFFECTIVE DATE: September 6, 2007.
FOR FURTHER INFORMATION CONTACT: Ms.
Felisha Hitt, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0310;
facsimile (703) 602–7887. Please cite
DFARS Case 2006–D015.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
51191
A. Background
DoD published an interim rule at 71
FR 58540 on October 4, 2006, to
implement Section 1031(a)(37) of the
National Defense Authorization Act for
Fiscal Year 2004 (Pub. L. 108–136).
Section 1031(a)(37) amended the
requirements at 10 U.S.C. 2807, for
submission of a notification to Congress
before the award of a contract for
architectural and engineering services or
construction design in connection with
military construction, military family
housing, or restoration or replacement
of damaged or destroyed facilities. The
amendments increased the contract
dollar threshold for submission from
$500,000 to $1,000,000; and reduced the
time period for submission, from 21 to
14 days before obligation of funds, when
the notification is provided in electronic
medium.
DoD received no comments on the
interim rule. Therefore, DoD has
adopted the interim rule as a final rule
without change.
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 certifies that this final rule will
not 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 to reporting
requirements that are internal to the
Government.
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 236
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
PART 236—[AMENDED]
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR Part 236, which was
published at 71 FR 58540 on October 4,
2006, is adopted as a final rule without
change.
[FR Doc. E7–17427 Filed 9–5–07; 8:45 am]
BILLING CODE 5001–08–P
E:\FR\FM\06SER1.SGM
06SER1
]]>Agencies
[Federal Register Volume 72, Number 172 (Thursday, September 6, 2007)]
[Rules and Regulations]
[Page 51191]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-17427]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 236
RIN 0750-AF41
Defense Federal Acquisition Regulation Supplement; Congressional
Notification of Architect--Engineer Services/Military Family Housing
Contracts (DFARS Case 2006-D015)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has adopted as final, without change, an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 1031(a)(37) of the National Defense Authorization
Act for Fiscal Year 2004. Section 1031(a)(37) amended the requirements
for submission of a notification to Congress before the award of a
contract for architectural and engineering services or construction
design in connection with military construction, military family
housing, or restoration or replacement of damaged or destroyed
facilities.
EFFECTIVE DATE: September 6, 2007.
FOR FURTHER INFORMATION CONTACT: Ms. Felisha Hitt, Defense Acquisition
Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0310;
facsimile (703) 602-7887. Please cite DFARS Case 2006-D015.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 71 FR 58540 on October 4, 2006, to
implement Section 1031(a)(37) of the National Defense Authorization Act
for Fiscal Year 2004 (Pub. L. 108-136). Section 1031(a)(37) amended the
requirements at 10 U.S.C. 2807, for submission of a notification to
Congress before the award of a contract for architectural and
engineering services or construction design in connection with military
construction, military family housing, or restoration or replacement of
damaged or destroyed facilities. The amendments increased the contract
dollar threshold for submission from $500,000 to $1,000,000; and
reduced the time period for submission, from 21 to 14 days before
obligation of funds, when the notification is provided in electronic
medium.
DoD received no comments on the interim rule. Therefore, DoD has
adopted the interim rule as a final rule without change.
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 certifies that this final rule will not 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 to reporting requirements that are internal to
the Government.
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 236
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
PART 236--[AMENDED]
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR Part 236, which was
published at 71 FR 58540 on October 4, 2006, is adopted as a final rule
without change.
[FR Doc. E7-17427 Filed 9-5-07; 8:45 am]
BILLING CODE 5001-08-P
