Defense Federal Acquisition Regulation Supplement; Payment Withholding-Deletion of Duplicative Text (DFARS Case 2007-D010), 4116-4117 [E8-1091]
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Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Rules and Regulations
FOR FURTHER INFORMATION CONTACT:
Ms.
Amy Williams, 703–602–0328.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule amends the clause
prescriptions at DFARS 225.1101 and
225.7503 to reflect increased dollar
thresholds for application of the trade
agreements. Every two years, the trade
agreements thresholds are escalated
according to a pre-determined formula
set forth in the agreements. The United
States Trade Representative has
specified the following new thresholds,
as published at 72 FR 71166 on
December 14, 2007, and corrected at 72
FR 73904 on December 28, 2007:
Supply
contract
(equal to or
exceeding)
Trade agreement
World Trade Organization Government Procurement Agreement ..........................................................................
Free Trade Agreements:
Australia Free Trade Agreement ......................................................................................................................
Bahrain Free Trade Agreement .......................................................................................................................
Dominican Republic-Central America-United States Free Trade Agreement (El Salvador, Dominican Republic, Guatemala, Honduras, and Nicaragua) ............................................................................................
Chile Free Trade Agreement ............................................................................................................................
Morocco Free Trade Agreement ......................................................................................................................
North American Free Trade Agreement:
Canada ......................................................................................................................................................
Mexico .......................................................................................................................................................
Singapore Free Trade Agreement ...................................................................................................................
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 trade agreement threshold
changes are designed to keep pace with
inflation and thus maintain the status
quo. 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 2007–D023.
jlentini on PROD1PC65 with RULES
C. Paperwork Reduction Act
This rule affects the certification and
information collection requirements in
the provisions at DFARS 252.225–7020
and 252.225–7035, currently approved
under Office of Management and Budget
Control Number 0704–0229. The
impact, however, is negligible. The
dollar threshold changes are in line with
inflation and maintain the status quo.
D. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of
Defense, that urgent and compelling
reasons exist to publish an interim rule
prior to affording the public an
opportunity to comment. This interim
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19:26 Jan 23, 2008
Jkt 214001
rule incorporates increased dollar
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the Free
Trade Agreements, as determined by the
United States Trade Representative. The
increased thresholds became effective
on January 1, 2008. Comments received
in response to this interim rule will be
considered in the formation of the final
rule.
List of Subjects in 48 CFR Part 225
Government procurement.
225.7503
Construction
contract
(equal to or
exceeding)
$194,000
$7,443,000
67,826
194,000
7,443,000
8,817,449
67,826
67,826
194,000
7,443,000
7,443,000
7,443,000
$25,000
67,826
67,826
8,817,449
8,817,449
7,443,000
Contract clauses.
*
*
*
*
*
(b) Use the clause at 252.225–7045,
Balance of Payments Program—
Construction Material Under Trade
Agreements, in solicitations and
contracts for construction to be
performed outside the United States
with a value of $7,443,000 or more. For
acquisitions with a value of $7,443,000
or more, but less than $8,817,449, use
the clause with its Alternate I.
[FR Doc. E8–1103 Filed 1–23–08; 8:45 am]
BILLING CODE 5001–08–P
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
DEPARTMENT OF DEFENSE
I
Therefore, 48 CFR part 225 is
amended as follows:
Defense Acquisition Regulations
System
PART 225—FOREIGN ACQUISITION
48 CFR Parts 232 and 252
1. The authority citation for 48 CFR
part 225 continues to read as follows:
RIN 0750–AF76
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
225.1101
[Amended]
2. Section 225.1101 is amended as
follows:
I a. In paragraph (10)(i) introductory
text by removing ‘‘$193,000’’ and
adding in its place ‘‘$194,000’’; and
I b. In paragraphs (10)(i)(A) and (B) by
removing ‘‘$64,786’’ and adding in its
place ‘‘$67,826’’.
I 3. Section 225.7503 is amended as
follows:
I a. In paragraph (a) by removing
‘‘$7,407,000’’ and adding in its place
‘‘$7,443,000’’; and
I b. By revising paragraph (b) to read as
follows:
I
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Defense Federal Acquisition
Regulation Supplement; Payment
Withholding—Deletion of Duplicative
Text (DFARS Case 2007–D010)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to remove text addressing
withholding of payments under timeand-materials and labor-hour contracts.
The DFARS text is no longer necessary,
since similar policy has been added to
the Federal Acquisition Regulation
(FAR).
E:\FR\FM\24JAR1.SGM
24JAR1
Federal Register / Vol. 73, No. 16 / Thursday, January 24, 2008 / Rules and Regulations
Effective Date: January 24, 2008.
FOR FURTHER INFORMATION CONTACT: Ms.
Robin Schulze, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0326;
facsimile 703–602–7887. Please cite
DFARS Case 2007–D010.
SUPPLEMENTARY INFORMATION:
DATES:
A. Background
DFARS 232.111 and 252.232–7006
provide that, under time-and-materials
and labor-contracts, there normally
should be no need to withhold payment
for a contractor with a record of timely
submittal of a release discharging the
Government from all liabilities,
obligations, and claims under the
contract. Similar policy was added to
FAR 32.111 and 52.232–7 in the final
rule published at 70 FR 43580 on July
27, 2005. Therefore, the DFARS text is
no longer necessary, and sections
232.111 and 252.232–7006 are removed.
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 2007–D010.
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 Parts 232 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 232 and 252
are amended as follows:
I 1. The authority citation for 48 CFR
parts 232 and 252 continues to read as
follows:
jlentini on PROD1PC65 with RULES
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
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19:26 Jan 23, 2008
Jkt 214001
PART 232—CONTRACT FINANCING
232.111
I
[Removed]
2. Section 232.111 is removed.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.232–7006
[Removed and Reserved]
3. Section 252.232–7006 is removed
and reserved.
I
[FR Doc. E8–1091 Filed 1–23–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 234 and 235
RIN 0750–AF79
Defense Federal Acquisition
Regulation Supplement; Research and
Development Contract Type
Determination (DFARS Case 2006–
D053)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
SUMMARY: DoD has issued an interim
rule amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to implement Section 818 of
the National Defense Authorization Act
for Fiscal Year 2007. Section 818
requires DoD to modify regulations
regarding the determination of contract
type for major development programs to
address assessment of program risk.
DATES: Effective date: January 24, 2008.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before March 24, 2008, to be
considered in the formation of the final
rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D053,
using any of the following methods:
Æ Federal eRulemaking Portal:
https://www.regulations.gov. Follow the
instructions for submitting comments.
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2006–D053 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Mr. Mark
Gomersall, OUSD(AT&L)DPAP(DARS),
IMD 3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
PO 00000
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4117
Æ 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.
Mark Gomersall, 703–602–0302.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements Section
818 of the National Defense
Authorization Act for Fiscal Year 2007
(Pub. L. 109–364). Section 818 requires
DoD to modify regulations regarding the
determination of contract type for
development programs. Such
regulations must require the Milestone
Decision Authority for a major defense
acquisition program to select the
contract type for a development
program that is consistent with the level
of program risk. The Milestone Decision
Authority may select a fixed-price type
contract, including a fixed-price
incentive contract; or a cost-type
contract, provided certain written
determination requirements are
satisfied.
The rule adds policy at DFARS
234.004 to implement the requirements
of Section 818 of Public Law 109–364,
applicable to major defense acquisition
programs, and updates the policy at
235.006 to address requirements for
other than major defense acquisition
programs.
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 to internal DoD
considerations and documentation
requirements relating to the selection of
contract type for development programs.
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–D053.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
E:\FR\FM\24JAR1.SGM
24JAR1
]]>Agencies
[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Rules and Regulations]
[Pages 4116-4117]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-1091]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 232 and 252
RIN 0750-AF76
Defense Federal Acquisition Regulation Supplement; Payment
Withholding--Deletion of Duplicative Text (DFARS Case 2007-D010)
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 remove text addressing
withholding of payments under time-and-materials and labor-hour
contracts. The DFARS text is no longer necessary, since similar policy
has been added to the Federal Acquisition Regulation (FAR).
[[Page 4117]]
DATES: Effective Date: January 24, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0326; facsimile
703-602-7887. Please cite DFARS Case 2007-D010.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS 232.111 and 252.232-7006 provide that, under time-and-
materials and labor-contracts, there normally should be no need to
withhold payment for a contractor with a record of timely submittal of
a release discharging the Government from all liabilities, obligations,
and claims under the contract. Similar policy was added to FAR 32.111
and 52.232-7 in the final rule published at 70 FR 43580 on July 27,
2005. Therefore, the DFARS text is no longer necessary, and sections
232.111 and 252.232-7006 are removed.
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
2007-D010.
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 Parts 232 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 232 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 232 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 232--CONTRACT FINANCING
232.111 [Removed]
0
2. Section 232.111 is removed.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.232-7006 [Removed and Reserved]
0
3. Section 252.232-7006 is removed and reserved.
[FR Doc. E8-1091 Filed 1-23-08; 8:45 am]
BILLING CODE 5001-08-P
