Defense Federal Acquisition Regulation Supplement: Elimination of Quarterly Reporting of Actual Performance Outside the United States (DFARS Case 2015-D001), 73499-73500 [2014-28816]
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Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations
I. Background
DoD published an interim rule in the
Federal Register at 79 FR 44314 on July
31, 2014, to implement sections of the
Military Construction and Veterans
Affairs, and Related Agencies
Appropriations Act, 2014, that restricts
use of military construction funds in
various countries, including countries
bordering the Arabian Sea. Since 1997,
sections 111 and 112 of the annual
military construction appropriations
acts restrict use of military construction
funds for acquisitions exceeding certain
dollar thresholds of architect-engineer
services and military construction to be
performed in certain countries. With
some exceptions, these restrictions
require award to a U.S. firm or provide
a preference for award to a U.S. firm.
One respondent submitted a public
comment in response to the interim
rule.
II. Discussion and Analysis
tkelley on DSK3SPTVN1PROD with RULES
DoD reviewed the public comment in
the development of the final rule. The
comment did not result in any changes
in the final rule. A discussion of the
comment is provided, as follows:
Comment: The respondent disagreed
with the substitution of ‘‘Arabian Sea’’
for the ‘‘Arabian Gulf’’ for the following
reasons:
• The respondent viewed the rule as
a ‘‘degradation of the intent of the law.’’
• The respondent viewed the rule as
harmful to all U.S. businesses, small
and large, interested in construction
projects in countries that border the
Arabian Gulf, due to loss of the 20
percent preference.
The respondent suggested extension
of the preferences for U.S. businesses
when awarding military construction or
architect-engineer contracts in countries
bordering the Arabian Gulf to contracts
in countries bordering the Arabian Sea.
Response: The interim rule was
issued in order to comply with the law.
For several years, the restrictions in the
annual military construction
appropriations acts have applied the use
of military construction funds in
countries bordering the Arabian Sea, not
the Arabian Gulf. The law does not
provide the option to provide the 20
percent preference to U.S. firms
performing construction projects in
countries that border the Arabian Gulf.
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
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17:05 Dec 10, 2014
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73499
(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.
when the contracts are to be performed
in countries bordering the Arabian Sea.
There is a requirement for offerors to
indicate in their offer whether they are
a U.S. firm.
This rule does not impose any
significant economic impact on small
firms. The offeror must represent if it is
a U.S. firm, but in return is granted a
preference. DoD did not identify any
alternatives that could reduce the
burden and still meet the objectives of
the rule.
IV. Regulatory Flexibility Act
A final regulatory flexibility analysis
has been prepared consistent with the
Regulatory Flexibility Act, 5 U.S.C. 601,
et seq., and is summarized as follows:
This rule is necessary to implement
the preference for award only to U.S.
firms when awarding certain military
construction and architect-engineer
contracts to be performed in countries
bordering the Arabian Sea.
The objective of this rule is to
implement sections 111 and 112 of the
Military Construction and Veterans
Affairs, and Related Agencies
Appropriations Act, 2014 (Division J of
Pub. L. 113–76). This rule revises the
preference for award to U.S. firms of
military construction contracts that have
an estimated value greater than
$1,000,000 and the restriction requiring
award only to U.S. firms for architectengineer contracts that have an
estimated value greater than $500,000,
to make it applicable to contracts to be
performed in a country bordering the
Arabian Sea, rather than a country
bordering the Arabian Gulf (as required
in earlier statutes).
One respondent stated that the rule
would cause harm to U.S. small
business entities engaged in
construction projects in countries
bordering the Arabian Gulf, due to loss
of the 20 percent preference. There was
no change made to the rule as the result
of this comment, because the law no
longer provides a preference for U.S.
businesses (small or large) performing
construction projects in countries
bordering the Arabian Gulf. The law
changed the applicability of the
preference from military construction
projects in countries bordering the
Arabian Gulf to military construction
projects bordering the Arabian Sea.
This will only apply to a very limited
number of small entities—those entities
that submit offers in response to
solicitations for military construction
contracts that have an estimated value
greater than $1,000,000 and architectengineer contracts that have an
estimated value greater than $500,000,
The rule does not impose any new
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). However, it modifies the
prescription for use of the provision at
DFARS 252.236–7010, Overseas
Military Construction—Preference for
United States Firms, currently approved
under OMB Clearance 0704–0255,
Defense Federal Acquisition Regulation
Supplement (DFARS) Part 236,
Construction and Architect-Engineer
Contracts, an amount of less than 8
hours. Any change in the burden hours
due to the changed prescription is
negligible.
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V. Paperwork Reduction Act
List of Subjects in 48 CFR Parts 225 and
236
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Accordingly, the interim rule
amending 48 CFR part 225 and 236,
which was published at 79 FR 44314 on
July 31, 2014, is adopted as a final rule
without change.
■
[FR Doc. 2014–28815 Filed 12–10–14; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 225 and 252
RIN 0750–AI47
Defense Federal Acquisition
Regulation Supplement: Elimination of
Quarterly Reporting of Actual
Performance Outside the United States
(DFARS Case 2015–D001)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
E:\FR\FM\11DER1.SGM
11DER1
73500
Federal Register / Vol. 79, No. 238 / Thursday, December 11, 2014 / Rules and Regulations
DoD is issuing a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to eliminate the requirement
for quarterly reporting of actual contract
performance outside the United States.
DATES: Effective December 11, 2014.
FOR FURTHER INFORMATION CONTACT: Ms.
Amy G. Williams, telephone 571–372–
6106.
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.
■
SUPPLEMENTARY INFORMATION:
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.
[FR Doc. 2014–28816 Filed 12–10–14; 8:45 am]
V. Paperwork Reduction Act
This rule slightly reduces the
information collection requirements
currently approved under OMB Control
Number 0704–0229, titled Defense
Federal Acquisition Regulation
Supplement (DFARS) Part 225, Foreign
Acquisition, in accordance with the
Paperwork Reduction Act (44 U.S.C.
chapter 35). Removing the requirement
for the DFARS 252.225–7006 quarterly
reports reduced the burden hours
approved by OMB in 0704–0229 by 225
hours, from 64,256 hours to 64,031
hours. An OMB Form 83–C Change
Request has been processed by OMB to
reduce the burden accordingly.
Defense Federal Acquisition
Regulation Supplement: Animal
Welfare (DFARS Case 2013–D038)
SUMMARY:
I. Background
As part of a DFARS streamlining
initiative, DoD is eliminating the
requirement for quarterly reporting of
actual contract performance outside the
United States (DFARS 252.225–7006,
Quarterly Reporting of Actual Contract
Performance Outside the United States)
and associated text in DFARS subpart
225.72. This report is not required by
statute.
DoD is retaining the provision at
252.225–7003, Report of Intended
Performance Outside the United States
and Canada—Submission with Offer,
and the clause at 252.225–7004, Report
of Intended Performance Outside the
United States and Canada—Submission
After Award, both of which are required
by 10 U.S.C. 2410g.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
List of Subjects in 48 CFR Parts 225 and
252
Government procurement.
III. Executive Orders 12866 and 13563
tkelley on DSK3SPTVN1PROD with RULES
‘‘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 this rule just eliminates
obsolete text.
225.7201
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
VerDate Sep<11>2014
17:05 Dec 10, 2014
Jkt 235001
Manuel Quinones,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 225 and 252
are amended as follows:
■ 1. The authority citation for 48 CFR
parts 225 and 252 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
PART 225—FOREIGN ACQUISITION
2. Revise section 225.7201 to read as
follows:
■
Policy.
10 U.S.C. 2410g requires offerors and
contractors to notify DoD of any
intention to perform a DoD contract
outside the United States and Canada
when the contract could be performed
inside the United States or Canada.
225.7204
[Amended]
3. Amend section 225.7204 by—
a. In paragraph (a), adding the word
‘‘and’’ after the semicolon;
■
■
PO 00000
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Fmt 4700
Sfmt 4700
b. In paragraph (b), removing the
semicolon and adding a period; and
■ c. Removing paragraph (c).
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
252.225–7006
■
[Removed and Reserved]
4. Remove and reserve 252.225–7005.
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
48 CFR Parts 235, 237, and 252
RIN 0750–AI22
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 comply with the
Department of Defense Instruction that
addresses the use of animals in DoD
programs.
SUMMARY:
Effective December 11, 2014.
Ms.
Janetta Brewer, telephone 571–372–
6104.
DATES:
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 79 FR 35717 on June
24, 2014, to revise DFARS 235.072,
subpart 237.1, and the clause at
252.235–7002, Animal Welfare, to be
consistent with the Department of
Defense Instruction (DoDI) 3216.01
entitled ‘‘Use of Animals in DoD
Programs,’’ which governs DoD
supported research, development, test,
and evaluation or training that uses
vertebrate animals, and the acquisition
of animals. One respondent submitted
two comments on the proposed rule.
II. Discussion and Analysis
DoD reviewed the public comments in
the development of the final rule, and
one change was made. A discussion of
the comments is provided below.
Comment: The respondent
recommended that DFARS section
237.17X be revised to prescribe use of
the clause at 252.235–7002.
Response: The clause at 252.235–
7002, Animal Welfare, is prescribed
E:\FR\FM\11DER1.SGM
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]]>Agencies
[Federal Register Volume 79, Number 238 (Thursday, December 11, 2014)]
[Rules and Regulations]
[Pages 73499-73500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-28816]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 225 and 252
RIN 0750-AI47
Defense Federal Acquisition Regulation Supplement: Elimination of
Quarterly Reporting of Actual Performance Outside the United States
(DFARS Case 2015-D001)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
[[Page 73500]]
SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to eliminate the requirement
for quarterly reporting of actual contract performance outside the
United States.
DATES: Effective December 11, 2014.
FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-
372-6106.
SUPPLEMENTARY INFORMATION:
I. Background
As part of a DFARS streamlining initiative, DoD is eliminating the
requirement for quarterly reporting of actual contract performance
outside the United States (DFARS 252.225-7006, Quarterly Reporting of
Actual Contract Performance Outside the United States) and associated
text in DFARS subpart 225.72. This report is not required by statute.
DoD is retaining the provision at 252.225-7003, Report of Intended
Performance Outside the United States and Canada--Submission with
Offer, and the clause at 252.225-7004, Report of Intended Performance
Outside the United States and Canada--Submission After Award, both of
which are required by 10 U.S.C. 2410g.
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 this rule just eliminates obsolete text.
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
This rule slightly reduces the information collection requirements
currently approved under OMB Control Number 0704-0229, titled Defense
Federal Acquisition Regulation Supplement (DFARS) Part 225, Foreign
Acquisition, in accordance with the Paperwork Reduction Act (44 U.S.C.
chapter 35). Removing the requirement for the DFARS 252.225-7006
quarterly reports reduced the burden hours approved by OMB in 0704-0229
by 225 hours, from 64,256 hours to 64,031 hours. An OMB Form 83-C
Change Request has been processed by OMB to reduce the burden
accordingly.
List of Subjects in 48 CFR Parts 225 and 252
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:
0
1. The authority citation for 48 CFR parts 225 and 252 continues to
read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
PART 225--FOREIGN ACQUISITION
0
2. Revise section 225.7201 to read as follows:
225.7201 Policy.
10 U.S.C. 2410g requires offerors and contractors to notify DoD of
any intention to perform a DoD contract outside the United States and
Canada when the contract could be performed inside the United States or
Canada.
225.7204 [Amended]
0
3. Amend section 225.7204 by--
0
a. In paragraph (a), adding the word ``and'' after the semicolon;
0
b. In paragraph (b), removing the semicolon and adding a period; and
0
c. Removing paragraph (c).
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.225-7006 [Removed and Reserved]
0
4. Remove and reserve 252.225-7005.
[FR Doc. 2014-28816 Filed 12-10-14; 8:45 am]
BILLING CODE 5001-06-P
