Defense Federal Acquisition Regulation Supplement: Approval of Rental Waiver Requests (DFARS Case 2013-D006), 65219-65220 [2013-25729]
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Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
wreier-aviles on DSK5TPTVN1PROD with RULES
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
DoD does not expect this interim 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 it impacts only those
incumbent contractors for which an insourcing determination has been made.
The DFARS change relates solely to a
notification requirement of a decision,
made outside of acquisition regulatory
channels, to convert a contracted
function to performance by DoD civilian
employees. The impact of this interim
rule will be to heighten the awareness
of impacted firms. An initial regulatory
flexibility analysis has been performed
and is summarized as follows:
This action implements section 938 of
the National Defense Authorization Act
(NDAA) for Fiscal Year 2012 regarding
private sector notification of in-sourcing
actions. Section 938 of the NDAA
requires the Secretary of Defense to
establish procedures for the timely
notification of any contractor that
performs a function that the Secretary
plans to convert (in-source) to
performance by DoD civilian employees
and to also provide the congressional
defense committees a copy of any such
notification.
The interim rule will apply to all
small business concerns that have
contracts with DoD agencies that are
being in-sourced. The most recent data
from the DoD Office of Small Business
Programs for fiscal years 2009 thru 2012
shows an average of 59,362 small
business concerns have contracts with
DoD. The degree of potential impact of
this rule to those concerns, however, is
unknown since there is no way to gauge
in advance the extent of any future insourcing decisions.
There are no projected reporting,
recordkeeping, and other compliance
requirements associated with this rule.
The rule does not duplicate, overlap, or
conflict with any other Federal rules.
DoD has not identified any alternatives
that would fulfill the requirements of
the statute and reduce impact on small
businesses. Any impact of the rule is
expected to be beneficial to small
businesses, by giving them timely
notification of planned in-sourcing
actions.
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
VerDate Mar<15>2010
15:19 Oct 30, 2013
Jkt 232001
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C 610
(DFARS Case 2012–D036), in
correspondence.
V. Paperwork Reduction Act
The 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).
VI. Determination To Issue an Interim
Rule
A determination has been made under
the authority of the Secretary of
Defense, pursuant to 41 U.S.C. 1707(d),
that urgent and compelling reasons exist
to promulgate this rule on an interim
basis without prior opportunity for
public comment. This action is
necessary to implement section 938 of
the National Defense Authorization Act
(NDAA) for Fiscal Year 2012, which
requires DoD to provide notification to
the private sector of in-sourcing action
determinations. Section 938 requires the
Secretary of Defense to establish
procedures for the timely notification of
any incumbent contractor who performs
a function that the Secretary plans to
convert (in-source) to performance by
DoD civilian employees. The
notification must also be provided to the
congressional defense committees. Insourcing decisions may have a
significant economic effect on firms that
have contracts with DoD. Firms that are
not notified on a timely basis of an insourcing determination that impacts
them have less time to prepare for lost
revenue and to make staffing
adjustments. The rule, in addition to
ensuring that there will be timely
notification to affected contractors,
should help facilitate a more seamless
transition in services when
implementing in-sourcing requirements.
Nonetheless, pursuant to 41 U.S.C. 1707
and FAR 1.501–3(b), DoD will consider
public comments received in response
to this interim rule in the formation of
the final rule.
List of Subjects in 48 CFR Part 237
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 237 are
amended as follows:
PART 237—SERVICE CONTRACTING
1. The authority citation for 48 CFR
part 237 continues to read as follows:
■
PO 00000
Frm 00075
Fmt 4700
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65219
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Section 237.102–79 is revised to
read as follows:
■
237.102–79 Private sector notification
requirements in support of in-sourcing
actions.
In accordance with 10 U.S.C. 2463,
contracting officers shall provide
written notification to affected
incumbent contractors of Government
in-sourcing determinations. Notification
shall be provided within 20 business
days of the contracting officer’s receipt
of a decision from the cognizant
component in-sourcing program official.
The notification will summarize the
requiring official’s final determination
as to why the service is being in-sourced
and shall be coordinated with the
component’s in-sourcing program
official. No formal hiring or contractrelated actions may be initiated prior to
such notification, except for preliminary
internal actions associated with hiring
or contract modification. The
memorandum on private sector
notification requirements in support of
in-sourcing actions is available at PGI
237.1, under the Supplemental
Information tab.
[FR Doc. 2013–25727 Filed 10–30–13; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 245
RIN 0750–AI03
Defense Federal Acquisition
Regulation Supplement: Approval of
Rental Waiver Requests (DFARS Case
2013–D006)
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 remove the Director of
Defense Security Cooperation Agency
from the approval process for waiver or
reduction of charges for the use of
Government property on work for
foreign governments or international
organizations.
SUMMARY:
DATES:
Effective October 31, 2013.
FOR FURTHER INFORMATION CONTACT:
Annette Gray, telephone 571–372–6093.
SUPPLEMENTARY INFORMATION:
E:\FR\FM\31OCR1.SGM
31OCR1
65220
Federal Register / Vol. 78, No. 211 / Thursday, October 31, 2013 / Rules and Regulations
I. Discussion
DoD is revising the DFARS to
implement a policy that will allow
contracting officers to approve requests
for waiver or reduction of rental charges
for the use of Government property on
work for foreign governments or
international organizations. Over the
past year the Director of Defense
Security Cooperation Agency (DSCA)
has seen a significant increase in the
number of requests with extremely low
dollar values over the rental period.
Currently, DSCA is required to approve
requests in which the agency has no
equities. This final rule will allow the
contracting officer to process the request
for waiver or reduction of charges for
the use of Government property on work
for foreign governments or international
organizations without a separate review
by DSCA. Removing DSCA from the
approval process will expedite
contractors’ requests, while still
protecting the interests of the
Government.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
wreier-aviles on DSK5TPTVN1PROD with RULES
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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). E.O. 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
15:19 Oct 30, 2013
Jkt 232001
IV. Regulatory Flexibility Act
V. Paperwork Reduction Act
The 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 245
Government procurement.
Therefore, 48 CFR part 245 is
amended as follows:
PART 245—GOVERNMENT PROPERTY
1. The authority citation for 48 CFR
part 245 continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Section 245.302 is amended by
revising paragraph (3)(ii) to read as
follows:
■
245.302 Contracts with foreign
governments or international organizations.
*
*
*
*
*
(3) * * *
(ii) Requests for waiver or reduction
of charges for the use of Government
property on work for foreign
governments or international
organizations shall be submitted to the
contracting officer, who is authorized to
approve the requests in consultation
with the appropriate functional
specialist.
[FR Doc. 2013–25729 Filed 10–30–13; 8:45 am]
BILLING CODE 5001–06–P
PO 00000
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 252
RIN 0750–AI09
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
DFARS revision within the meaning of
FAR 1.501–1, and 41 U.S.C. 1707 does
not require publication for public
comment.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Publication of proposed regulations,
41 U.S.C. 1707, is the statute, which
applies to the publication of the Federal
Acquisition Regulation. Paragraph (a)(1)
of the statute requires that a
procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment,
because the changes are not substantive
and only modify the internal operating
procedures of DoD.
VerDate Mar<15>2010
subject to review under section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
Defense Federal Acquisition
Regulation Supplement: New
Designated Country—Croatia (DFARS
Case 2013–D031)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD is issuing a final rule to
amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to add
Croatia as a new designated country
under the World Trade Organization
Government Procurement Agreement
(WTO GPA). Croatia joined the
European Union, which is a party to the
WTO GPA, on July 1, 2013.
DATES: Effective October 31, 2013.
FOR FURTHER INFORMATION CONTACT: Ms.
Annette Gray, Defense Acquisition
Regulations System, OUSD
(AT&L)DPAP/DARS, Room 3B855, 3060
Defense Pentagon, Washington, DC
20301–3060. Telephone 571–372–6093;
facsimile 571–372–6101.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The European Union is a party to the
WTO GPA and has assumed rights and
obligations under the WTO GPA on
behalf of its member states. On July 1,
2013, Croatia became a member of the
European Union. Therefore, the
European Union has committed to
assume rights and obligations on behalf
of Croatia under the WTO GPA. On June
27, 2012, the WTO Committee on
Government Procurement accepted the
European Union notification indicating
Croatia’s coverage. The United States,
which is also a party to the WTO GPA,
has agreed to waive discriminatory
purchasing requirements for eligible
products and suppliers of Croatia (78 FR
60368).
Therefore, this rule adds Croatia to
the list of World Trade Organization
Government Procurement Agreement
countries wherever it appears in the
DFARS, as part of the definition of
‘‘designated country.’’
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
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]]>Agencies
[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65219-65220]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25729]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 245
RIN 0750-AI03
Defense Federal Acquisition Regulation Supplement: Approval of
Rental Waiver Requests (DFARS Case 2013-D006)
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 remove the Director of
Defense Security Cooperation Agency from the approval process for
waiver or reduction of charges for the use of Government property on
work for foreign governments or international organizations.
DATES: Effective October 31, 2013.
FOR FURTHER INFORMATION CONTACT: Annette Gray, telephone 571-372-6093.
SUPPLEMENTARY INFORMATION:
[[Page 65220]]
I. Discussion
DoD is revising the DFARS to implement a policy that will allow
contracting officers to approve requests for waiver or reduction of
rental charges for the use of Government property on work for foreign
governments or international organizations. Over the past year the
Director of Defense Security Cooperation Agency (DSCA) has seen a
significant increase in the number of requests with extremely low
dollar values over the rental period. Currently, DSCA is required to
approve requests in which the agency has no equities. This final rule
will allow the contracting officer to process the request for waiver or
reduction of charges for the use of Government property on work for
foreign governments or international organizations without a separate
review by DSCA. Removing DSCA from the approval process will expedite
contractors' requests, while still protecting the interests of the
Government.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
Publication of proposed regulations, 41 U.S.C. 1707, is the
statute, which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because the changes are not substantive and only modify the internal
operating procedures of DoD.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 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). E.O.
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 E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant DFARS revision within
the meaning of FAR 1.501-1, and 41 U.S.C. 1707 does not require
publication for public comment.
V. Paperwork Reduction Act
The 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 245
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 245 is amended as follows:
PART 245--GOVERNMENT PROPERTY
0
1. The authority citation for 48 CFR part 245 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 245.302 is amended by revising paragraph (3)(ii) to read as
follows:
245.302 Contracts with foreign governments or international
organizations.
* * * * *
(3) * * *
(ii) Requests for waiver or reduction of charges for the use of
Government property on work for foreign governments or international
organizations shall be submitted to the contracting officer, who is
authorized to approve the requests in consultation with the appropriate
functional specialist.
[FR Doc. 2013-25729 Filed 10-30-13; 8:45 am]
BILLING CODE 5001-06-P
