Defense Federal Acquisition Regulation Supplement; Definition of Multiple-Award Contract (DFARS Case 2011-D016), 23504-23505 [2011-10087]
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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations
the apparently inaccurate wording of
§ 1609.3, the matter came to LSC’s
attention through a question raised in
the course of a compliance visit being
conducted by the Corporation’s Office of
Compliance and Enforcement. Given the
question being raised internally at LSC
and the clear conflict between the
regulations (1609 and 1610), LSC does
not believe it would be appropriate to
permit this situation to continue,
particularly when there is a simple and
straightforward solution to the problem.
LSC further believes that amending
the regulation in this way brings the
regulation into conformity with the
provisions of the LSC Act (and is not
inconsistent with anything in the
applicable appropriations acts).
Moreover, it resolves the conflict
between parts 1609 and 1610 and
reflects the intention of the Corporation
in 1997 to refrain from making a
substantive change to the previously
existing (pre-1997) scope of the
regulation. In addition, amending part
1609 in this way is consistent with the
existing LSC guidance and practice. As
noted above, the LSC Compliance
Supplement to the Audit Guide
guidance to auditors does not instruct
them to apply the restrictions to a
recipient’s public non-LSC funds and to
our knowledge the auditors have not
been reporting instances of a recipient’s
use of public non-LSC funds as
problematic with respect to the
regulation. Further, LSC’s practice has
not been to apply the restriction to a
recipient’s public non-LSC funds.
Finally, to LSC’s knowledge, the general
understanding and practice in the field
has been that the restriction does not
apply to a recipient’s public non-LSC
funds. This understanding was
confirmed in the comments LSC
received on the proposed rule. Thus,
amending part 1609 to clarify that it
applies as an restriction on LSC and
private non-LSC funds, rather than as an
entity restriction, does not create any
substantive change from current
practice.
In light of the above, LSC amends
§ 1609.3(a) to clarify that a recipient
may not use Corporation funds to
provide legal assistance in a feegenerating case (unless one of the
exceptions apply). As 45 CFR 1610.4 is
being amended, that provision will
continue to subject a recipient’s private
funds to the fee-generating case
restrictions in part 1609.
List of Subjects in 45 CFR Part 1609
Grant programs—law, Legal services.
For reasons set forth above, and under
the authority of 42 U.S.C. 2996g(e), LSC
amends 45 CFR part 1609 as follows:
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PART 1609—FEE-GENERATING
CASES
1. The authority citation for part 1609
continues to read as follows:
■
Authority: 42 U.S.C. 2996f(b)(1); 42 U.S.C.
2996e(c)(1).
2. Section 1609.3 is amended by
revising paragraph (a) introductory text
to read as follows:
■
§ 1609.3
General requirements.
(a) Except as provided in paragraph
(b) of this section, a recipient may not
use Corporation funds to provide legal
assistance in a fee-generating case
unless:
*
*
*
*
*
Victor M. Fortuno,
Vice President & General Counsel.
[FR Doc. 2011–10116 Filed 4–26–11; 8:45 am]
BILLING CODE 7050–01–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 207
RIN 0750–AH12
Defense Federal Acquisition
Regulation Supplement; Definition of
Multiple-Award Contract (DFARS Case
2011–D016)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise the definition of
multiple-award contract.
DATES: Effective Date: April 27, 2011.
FOR FURTHER INFORMATION CONTACT: Mr.
Dustin Pitsch, 703–602–0289.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
This DFARS case is amending the
definition of ‘‘multiple-award contract’’
at DFARS 207.107–2. The revised
DFARS language is correcting previous
imprecision in implementing the
statute. No policy or substantive
changes are made. The final rule
amendments are made to correct the
current definition by—
—Deleting ‘‘Orders placed using’’ to
reflect that the multiple-award
contract is the basic schedule
contract, and not the individual
orders placed under it;
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—Adding ‘‘or Department of Veterans
Affairs’’ to correctly reflect the
agencies that have statutory authority
to issue schedule contracts; and
—Adding hyphens where appropriate
for unit modifiers.
DoD has issued a final rule because
this change does not have a significant
effect beyond the internal operating
procedures of DoD and does not have a
significant cost or administrative impact
on contractors or offerors. Therefore,
public comment is not required in
accordance with 41 U.S.C 1707.
II. Executive Order 12866 and
Executive Order 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is not
a significant regulatory action and,
therefore, was not subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant DFARS
revision within the meaning of FAR
1.501 and public comment is not
required in accordance with 41 U.S.C.
418b(a).
IV. Paperwork Reduction Act
This final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Part 207
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 207 is
amended as follows:
PART 207—ACQUISITION PLANNING
1. The authority citation for 48 CFR
part 207 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
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Federal Register / Vol. 76, No. 81 / Wednesday, April 27, 2011 / Rules and Regulations
2. Section 207.170–2 definition of
‘‘Multiple award contract’’ is amended
by revising paragraphs (1) and (2) to
read as follows:
■
207.170–2
Definitions.
*
*
*
*
*
Multiple-award contract means—
(1) A multiple-award schedule
contract issued by the General Services
Administration or Department of
Veterans Affairs as described in FAR
subpart 8.4;
(2) A multiple award task-order or
delivery-order contract issued in
accordance with FAR subpart 16.5; or
*
*
*
*
*
[FR Doc. 2011–10087 Filed 4–26–11; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
I. Background
DoD is amending the DFARS to
accelerate payments for all small
business concerns. Currently, DoD
assists small disadvantaged business
concerns by paying them as quickly as
possible after invoices are received and
before the normal payment due dates
established in the contract. This interim
rule removes the term ‘‘disadvantaged’’
from the language at DFARS 232.903
and DFARS 232.906(a)(ii), thereby
extending this payment policy
uniformly to all small business
concerns.
48 CFR Part 232
RIN 0750–AH19
Defense Federal Acquisition
Regulation Supplement; Accelerate
Small Business Payments (DFARS
Case 2011–D008)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Interim rule with request for
comments.
AGENCY:
DoD is issuing an interim rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to accelerate payments to all
small business concerns.
DATES: The interim rule is effective
April 27, 2011. Comments on the
interim rule should be submitted in
writing to the address shown below on
or before June 27, 2011, to be considered
in the formation of the final rule.
ADDRESSES: Submit comments,
identified by DFARS Case 2011–D008,
using any of the following methods:
Æ Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting
‘‘DFARS Case 2011–D008’’ under the
heading ‘‘Enter keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘DFARS Case 2011–D008.’’ Follow
the instructions provided at the ‘‘Submit
a Comment’’ screen. Please include your
name, company name (if any), and
‘‘DFARS Case 2011–D008’’ on your
attached document.
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SUMMARY:
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Jkt 223001
Æ E-mail: dfars@osd.mil. Include
DFARS Case 2011–D008 in the subject
line of the message.
Æ Fax: 703–602–0350.
Æ Mail: Defense Acquisition
Regulations System, Attn: Ms. Lee
Renna, OUSD (AT&L) DPAP/DARS,
Room 3B855, 3060 Defense Pentagon,
Washington, DC 20301–3060.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided. To
confirm receipt of your comment(s),
please check https://www.regulations.gov
approximately two to three days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail). Follow the
instructions for submitting comments.
FOR FURTHER INFORMATION CONTACT: Ms.
Lee Renna, 703–602–0764.
SUPPLEMENTARY INFORMATION:
II. Executive Order 12866 and
Executive Order 13563
Executive Orders 12866 and 13563
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This is not
a significant regulatory action and,
therefore, was not subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
DoD expects this rule to have a
significant positive economic impact on
all small entities within the meaning of
the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because it extends
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23505
accelerated payments to all small
business concerns. An initial regulatory
flexibility analysis has been completed
and is summarized as follows:
This interim rule revises DFARS
232.903 and 232.906(a)(ii) to allow
accelerated payments to all small
business concerns. This rule allows DoD
to exercise greater flexibility offered by
5 CFR 1315.5 and FAR 32.903 which
permit the use of accelerated payment
procedures for small business concerns.
Analysis of the Federal Procurement
Data System indicates that
approximately 60,000 small businesses
had active contracts in Fiscal Year 2010.
It is reasonable to assume a similar
number of small businesses will be
positively affected by the use of
accelerated payment procedures.
There are no information collection
requirements associated with this rule.
This rule does not duplicate, overlap, or
conflict with any other Federal rules.
The desired outcome is best achieved
by the implementation of the rule as
stated herein and there are no other
alternatives available to achieve the
desired outcome. This rule is expected
to have a positive impact on small
entities.
DoD invites comments from small
business concerns and other interested
parties on the expected impact of this
rule on small entities.
DoD will also consider comments
from small entities concerning the
existing regulations in subparts affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (DFARS Case 2011–D008) in
correspondence.
IV. Paperwork Reduction Act
This final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Burden Act (44 U.S.C.
chapter 35).
V. Determination to Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of Defense
(DoD) that urgent and compelling
circumstances exist to promulgate this
interim rule without prior opportunity
for public comments pursuant to 41
U.S.C. 1707 and FAR 1.501–3(b). This
action is necessary to ensure DoD
implements cash flow improvements for
small business firms as quickly as
possible. Accelerating payments is a
way to boost the financial health of
small businesses. At present, the
authority to accelerate payments at
DFARS 232.903 and 232.906 is limited
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]]>Agencies
[Federal Register Volume 76, Number 81 (Wednesday, April 27, 2011)]
[Rules and Regulations]
[Pages 23504-23505]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-10087]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 207
RIN 0750-AH12
Defense Federal Acquisition Regulation Supplement; Definition of
Multiple-Award Contract (DFARS Case 2011-D016)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to revise the definition of
multiple-award contract.
DATES: Effective Date: April 27, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Dustin Pitsch, 703-602-0289.
SUPPLEMENTARY INFORMATION:
I. Background
This DFARS case is amending the definition of ``multiple-award
contract'' at DFARS 207.107-2. The revised DFARS language is correcting
previous imprecision in implementing the statute. No policy or
substantive changes are made. The final rule amendments are made to
correct the current definition by--
--Deleting ``Orders placed using'' to reflect that the multiple-award
contract is the basic schedule contract, and not the individual orders
placed under it;
--Adding ``or Department of Veterans Affairs'' to correctly reflect the
agencies that have statutory authority to issue schedule contracts; and
--Adding hyphens where appropriate for unit modifiers.
DoD has issued a final rule because this change does not have a
significant effect beyond the internal operating procedures of DoD and
does not have a significant cost or administrative impact on
contractors or offerors. Therefore, public comment is not required in
accordance with 41 U.S.C 1707.
II. Executive Order 12866 and Executive Order 13563
Executive Orders 12866 and 13563 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This is not a significant regulatory action and,
therefore, was not subject to review under Section 6(b) of Executive
Order 12866, Regulatory Planning and Review, dated September 30, 1993.
This rule is not a major rule under 5 U.S.C. 804.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant DFARS revision within the
meaning of FAR 1.501 and public comment is not required in accordance
with 41 U.S.C. 418b(a).
IV. Paperwork Reduction Act
This final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 207
Government procurement.
Mary Overstreet,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 207 is amended as follows:
PART 207--ACQUISITION PLANNING
0
1. The authority citation for 48 CFR part 207 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
[[Page 23505]]
0
2. Section 207.170-2 definition of ``Multiple award contract'' is
amended by revising paragraphs (1) and (2) to read as follows:
207.170-2 Definitions.
* * * * *
Multiple-award contract means--
(1) A multiple-award schedule contract issued by the General
Services Administration or Department of Veterans Affairs as described
in FAR subpart 8.4;
(2) A multiple award task-order or delivery-order contract issued
in accordance with FAR subpart 16.5; or
* * * * *
[FR Doc. 2011-10087 Filed 4-26-11; 8:45 am]
BILLING CODE 5001-08-P
