Defense Federal Acquisition Regulation Supplement; Technical Amendments, 27464 [E8-10667]
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27464
Federal Register / Vol. 73, No. 93 / Tuesday, May 13, 2008 / Rules and Regulations
a. In paragraph (b)(1), removing
‘‘September 11, 2001’’ and adding, in its
place, ‘‘November 1, 1990’’.
I b. Removing paragraph (g).
I
(d) Order code assignments can be
found at https://www.acq.osd.mil/dpap/
dars/order_code_assignments.html.
BILLING CODE 8320–01–P
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
DEPARTMENT OF DEFENSE
I
[FR Doc. E8–10635 Filed 5–12–08; 8:45 am]
252.211–7003 [AMENDED]
3. Section 252.211–7003 is amended
in Alternate I, in the introductory text,
by removing ‘‘211.274–4(c)’’ and adding
in its place ‘‘211.274–5(a)(4)’’.
Defense Acquisition Regulations
System
[FR Doc. E8–10667 Filed 5–12–08; 8:45 am]
48 CFR Parts 204 and 252
BILLING CODE 5001–08–P
Defense Federal Acquisition
Regulation Supplement; Technical
Amendments
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
48 CFR Parts 215, 231, and 252
DoD is making technical
amendments to the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update an Internet address
and a cross-reference.
DATES: Effective Date: May 13, 2008.
FOR FURTHER INFORMATION CONTACT: Ms.
Michele Peterson, Defense Acquisition
Regulations System,
OUSD(AT&L)DPAP(DARS), IMD 3D139,
3062 Defense Pentagon, Washington, DC
20301–3062. Telephone 703–602–0311;
facsimile 703–602–7887.
SUPPLEMENTARY INFORMATION: This final
rule amends DFARS text as follows:
Æ 204.7005. Updates the Internet
address for DoD order code assignments.
Æ 252.211–7003. Updates a crossreference.
SUMMARY:
List of Subjects in 48 CFR Parts 204 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 204 and 252
are amended as follows:
I 1. The authority citation for 48 CFR
parts 204 and 252 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
rfrederick on PROD1PC67 with RULES
PART 204—ADMINISTRATIVE
MATTERS
2. Section 204.7005 is amended by
revising paragraph (d) to read as
follows:
I
204.7005
*
*
Assignment of order codes.
*
VerDate Aug<31>2005
*
*
14:20 May 12, 2008
Jkt 214001
RIN 0750–AF67
Defense Federal Acquisition
Regulation Supplement; Excessive
Pass-Through Charges (DFARS Case
2006–D057)
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 852 of
the National Defense Authorization Act
for Fiscal Year 2007. Section 852
requires DoD to prescribe regulations to
ensure that pass-through charges on
contracts or subcontracts that are
entered into for or on behalf of DoD are
not excessive in relation to the cost of
work performed by the relevant
contractor or subcontractor.
DATES: Effective date: May 13, 2008.
Comment date: Comments on the
interim rule should be submitted in
writing to the address shown below on
or before July 14, 2008, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2006–D057,
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–D057 in the subject
line of the message.
Æ Fax: 703–602–7887.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Sandra
Morris, OUSD (AT&L) DPAP (CPF), IMD
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
3D139, 3062 Defense Pentagon,
Washington, DC 20301–3062.
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: Ms.
Sandra Morris, 703–602–0296.
SUPPLEMENTARY INFORMATION:
A. Background
DoD published an interim rule at 72
FR 20758 on April 26, 2007, to
implement Section 852 of the National
Defense Authorization Act for Fiscal
Year 2007 (Pub. L. 109–364). Section
852 requires DoD to prescribe
regulations to ensure that pass-through
charges on contracts or subcontracts (or
task or delivery orders) that are entered
into for or on behalf of DoD are not
excessive in relation to the cost of work
performed by the relevant contractor or
subcontractor. To enable DoD to ensure
that pass-through charges are not
excessive, the interim rule included a
solicitation provision and a contract
clause requiring offerors and contractors
to identify the percentage of work that
will be subcontracted and, when
subcontract costs will exceed 70 percent
of the total cost of work to be performed,
to provide information on indirect costs
and profit and value added with regard
to the subcontract work.
General Response to Comments:
Fourteen sources submitted comments
on the interim rule. In general, the
public comments expressed concern
that the rule discourages use of
subcontractors and will lead to
inappropriate application or adjustment
of indirect costs. The comments also
expressed concern that the contract is
always open to oversight and opinions
on excessive pass-through charges.
DoD points out that the statute
requires that DoD not pay excessive
pass-through charges, and DoD believes
that the rule represents appropriate
implementation of the statute. The rule
is intended to protect the Government
from those situations where there
appears to be an agreement with a
contractor to perform the contract scope
of work, including ‘‘managing’’
subcontractors, then after award, the
contractor subcontracts substantially all
the effort without providing the
required value-added subcontract
management functions that were
expected. There is no intent in this rule
to disrupt the subcontracting process or
other arrangements for firms that
furnish supplies and services.
E:\FR\FM\13MYR1.SGM
13MYR1
]]>Agencies
[Federal Register Volume 73, Number 93 (Tuesday, May 13, 2008)]
[Rules and Regulations]
[Page 27464]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-106]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 204 and 252
Defense Federal Acquisition Regulation Supplement; Technical
Amendments
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is making technical amendments to the Defense Federal
Acquisition Regulation Supplement (DFARS) to update an Internet address
and a cross-reference.
DATES: Effective Date: May 13, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Michele Peterson, Defense
Acquisition Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone 703-602-0311;
facsimile 703-602-7887.
SUPPLEMENTARY INFORMATION: This final rule amends DFARS text as
follows:
[cir] 204.7005. Updates the Internet address for DoD order code
assignments.
[cir] 252.211-7003. Updates a cross-reference.
List of Subjects in 48 CFR Parts 204 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR parts 204 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 204 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 204--ADMINISTRATIVE MATTERS
0
2. Section 204.7005 is amended by revising paragraph (d) to read as
follows:
204.7005 Assignment of order codes.
* * * * *
(d) Order code assignments can be found at https://www.acq.osd.mil/
dpap/dars/order_code_assignments.html.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.211-7003 [AMENDED]
0
3. Section 252.211-7003 is amended in Alternate I, in the introductory
text, by removing ``211.274-4(c)'' and adding in its place ``211.274-
5(a)(4)''.
[FR Doc. E8-10667 Filed 5-12-08; 8:45 am]
BILLING CODE 5001-08-P
