Defense Federal Acquisition Regulation Supplement: Contract Period for Task and Delivery Order Contracts-Deletion of Congressional Reporting Requirement (DFARS Case 2014-D018), 58696 [2014-22862]

Download as PDF 58696 232.7202 Federal Register / Vol. 79, No. 189 / Tuesday, September 30, 2014 / Rules and Regulations Solicitation provision. DEPARTMENT OF DEFENSE Use the provision at 252.232–7014, Notification of Payment in Local Currency (Afghanistan), in all solicitations, including solicitations using FAR part 12 procedures for the acquisition of commercial items, for performance in Afghanistan. Defense Acquisition Regulations System 48 CFR Part 217 RIN 0750–AI35 Defense Federal Acquisition Regulation Supplement: Contract Period for Task and Delivery Order Contracts—Deletion of Congressional Reporting Requirement (DFARS Case 2014–D018) PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 5. Add section 252.232–7014 to read as follows: ■ Defense Acquisition Regulations System, Department of Defense (DoD). ACTION: Final rule. AGENCY: 252.232–7014 Notification of Payment in Local Currency (Afghanistan). As prescribed in 232.7202, use the following provision: tkelley on DSK3SPTVN1PROD with RULES NOTIFICATION OF PAYMENT IN LOCAL CURRENCY (AFGHANISTAN) (SEP 2014) (a) The contract resulting from this solicitation will be paid in Afghani (local currency) if the contract is awarded to a host nation vendor (Afghan), pursuant to the authority of USCENTCOM Fragmentary Order (FRAGO) 09–1567 and FRAGO 10– 143. Contract payment will be made in Afghani (local currency) via electronic funds transfer (EFT) to a local (Afghan) banking institution, unless an exception in paragraph (c) applies. Contracts shall not be awarded to host nation vendors who do not bank locally. If award is made to other than a host nation vendor, the contract will be awarded in U.S. dollars. (b) Vendors shall submit quotations and offers in U.S. dollars. If the contract is awarded to an Afghan vendor, the quotation or offer will be converted to Afghani using a Government budget rate of [Insert current budget rate here.] Afghani per U.S. dollar. (c) By exception, the following forms of payment are acceptable, in the following order of priority, when the local finance office determines that EFT using ITS.gov is not available: (1) EFT using Limited Depository Account (LDA). (2) Check from the local finance office LDA. (3) Local currency cash payments in Afghani (must be approved in writing by the local finance office and contracting office prior to contract award). Payments in cash are restricted to contracts when— (i) The vendor provides proof via a letter from the host nation banking institution that it is not EFT capable; and (ii) The local finance office validates that the vendor’s banking institution is not EFT capable. Cash payments will be made in Afghani. (End of provision) [FR Doc. 2014–22861 Filed 9–29–14; 8:45 am] BILLING CODE 5001–06–P VerDate Sep<11>2014 17:57 Sep 29, 2014 Jkt 232001 DoD is issuing a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to delete an obsolete congressional reporting requirement. DATES: Effective September 30, 2014. FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571–372– 6104. SUMMARY: SUPPLEMENTARY INFORMATION: I. Background On December 9, 2005, the DFARS was amended to implement section 813 of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 108–375), which required the Secretary of Defense to submit to Congress a report setting forth when an ordering period of a task or delivery order contract awarded pursuant to section 2304(a) of title 10, United States Code, was extended beyond ten years. The reporting requirement applied to fiscal years 2005 through 2009. congressional reporting requirement imposed on DoD. These requirements affect only the internal operating procedures of the Government. 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 217 Government procurement. II. Publication of This Final Rule for Public Comment Is Not Required by Statute 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 it deletes an obsolete Therefore, 48 CFR part 217 is amended as follows: PO 00000 Frm 00042 Fmt 4700 Sfmt 4700 PART 217—SPECIAL CONTRACTING METHODS 1. The authority citation for 48 CFR part 217 continues to read as follows: ■ Authority: 41 U.S.C. 1303 and 48 CFR chapter 1. 217.204 [Amended] 2. Amend section 217.204 by removing paragraph (e)(ii) and redesignating paragraphs (e)(iii) and (iv) as paragraphs (e)(ii) and (iii), respectively. ■ [FR Doc. 2014–22862 Filed 9–29–14; 8:45 am] BILLING CODE 5001–06–P E:\FR\FM\30SER1.SGM 30SER1

Agencies

[Federal Register Volume 79, Number 189 (Tuesday, September 30, 2014)]
[Rules and Regulations]
[Page 58696]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22862]


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DEPARTMENT OF DEFENSE

Defense Acquisition Regulations System

48 CFR Part 217

RIN 0750-AI35


Defense Federal Acquisition Regulation Supplement: Contract 
Period for Task and Delivery Order Contracts--Deletion of Congressional 
Reporting Requirement (DFARS Case 2014-D018)

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 delete an obsolete 
congressional reporting requirement.

DATES: Effective September 30, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Janetta Brewer, telephone 571-372-
6104.

SUPPLEMENTARY INFORMATION: 

I. Background

    On December 9, 2005, the DFARS was amended to implement section 813 
of the National Defense Authorization Act for Fiscal Year 2005 (Pub. L. 
108-375), which required the Secretary of Defense to submit to Congress 
a report setting forth when an ordering period of a task or delivery 
order contract awarded pursuant to section 2304(a) of title 10, United 
States Code, was extended beyond ten years. The reporting requirement 
applied to fiscal years 2005 through 2009.

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 it deletes an obsolete congressional reporting requirement 
imposed on DoD. These requirements affect only the internal operating 
procedures of the Government.

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 217

    Government procurement.

Manuel Quinones,
Editor, Defense Acquisition Regulations System.

    Therefore, 48 CFR part 217 is amended as follows:

PART 217--SPECIAL CONTRACTING METHODS

0
1. The authority citation for 48 CFR part 217 continues to read as 
follows:

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.


217.204  [Amended]

0
2. Amend section 217.204 by removing paragraph (e)(ii) and 
redesignating paragraphs (e)(iii) and (iv) as paragraphs (e)(ii) and 
(iii), respectively.

[FR Doc. 2014-22862 Filed 9-29-14; 8:45 am]
BILLING CODE 5001-06-P