Defense Federal Acquisition Regulation Supplement: Contract Financing (DFARS Case 2015-D026), 93841-93842 [2016-30596]
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Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
c. In the Alternate I clause—
i. In the clause heading, removing the
date ‘‘(AUG 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’.
■
■
252.225–7002
[Amended]
5. Section 252.225–7002 is amended
by—
■ a. In the clause heading, removing the
date ‘‘(AUG 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ b. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’.
■
252.225–7012
[Amended]
6. Section 252.225–7012 is amended
by—
■ a. In the clause heading, removing the
date ‘‘(JUL 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ b. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’.
■
252.225–7017
[Amended]
7. Section 252.225–7017 is amended
by—
■ a. In the clause heading, removing the
date ‘‘(SEP 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ b. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’.
■
252.225–7021
[Amended]
[FR Doc. 2016–30598 Filed 12–21–16; 8:45 am]
8. Section 252.225–7021 is amended
by—
■ a. In the clause heading, removing the
date ‘‘(SEP 2016)’’ and adding ‘‘(DEC
2016)’’ in its place;
■ b. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’; and
■ c. In the Alternate II clause—
■ i. In the clause heading, removing the
date of ‘‘(SEP 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’.
■
252.225–7036
[Amended]
9. Section 252.225–7036 is amended
by—
■ a. In the clause heading, removing the
date ‘‘(AUG 2016)’’ and adding ‘‘(DEC
2016)’’ in its place;
■ b. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’;
Lhorne on DSK30JT082PROD with RULES
■
VerDate Sep<11>2014
15:15 Dec 21, 2016
c. In the Alternate I clause—
i. In the clause heading, removing the
date ‘‘(AUG 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’;
■ d. In the Alternate II clause—
■ i. In the clause heading, removing the
date ‘‘(AUG 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’;
■ e. In the Alternate III clause—
■ i. In the clause heading, removing the
date ‘‘(AUG 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’;
■ f. In the Alternate IV clause—
■ i. In the clause heading, removing the
date ‘‘(AUG 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’; and
■ g. In the Alternate V clause—
■ i. In the clause heading, removing the
date ‘‘(AUG 2016)’’ and adding ‘‘(DEC
2016)’’ in its place; and
■ ii. In paragraph (a), the definition of
‘‘Qualifying country’’, adding, in
alphabetical order, the country of
‘‘Estonia’’.
■
■
Jkt 241001
BILLING CODE 5001–06–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 232
[Docket DARS–2016–0009]
RIN 0750–AI90
Defense Federal Acquisition
Regulation Supplement: Contract
Financing (DFARS Case 2015–D026)
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) by providing that contracting
officers are not required to further
justify a decision to provide customary
SUMMARY:
PO 00000
Frm 00051
Fmt 4700
Sfmt 4700
93841
contract financing, other than loan
guarantees and advance payments
identified in FAR part 32, for certain
fixed-price contracts.
DATES: Effective December 22, 2016.
FOR FURTHER INFORMATION CONTACT: Mr.
Mark Gomersall, telephone 571–372–
6099.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the
Federal Register at 81 FR 42607 on June
30, 2016, to revise the DFARS regarding
the use of customary contract financing,
other than loan guarantees and advance
payments identified in FAR part 32, on
fixed-price contracts with a period of
performance in excess of one year that
meet the dollar thresholds established
in FAR 32.104(d). DoD has determined
that the use of such customary contract
financing provides improved cash flow
as an incentive for commercial
companies to do business with DoD, is
in the Department’s best interest, and
requires no further justification of its
use.
II. Discussion and Analysis
No public comments were submitted
in response to the proposed rule.
Therefore, there are no changes from the
proposed rule made in the final rule.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This final rule only provides DoD
policy regarding providing contract
financing for certain fixed-priced
contracts. The rule does not add any
new provisions or clauses or impact any
existing provisions or clauses.
IV. 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.
E:\FR\FM\22DER1.SGM
22DER1
93842
Federal Register / Vol. 81, No. 246 / Thursday, December 22, 2016 / Rules and Regulations
V. 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:
The objective of the rule is to clarify
that the use of certain customary
contract financing does not require
further justification, as it has been
determined to be in DoD’s best interest
for fixed-price contracts with a period of
performance in excess of one year that
meet the dollar thresholds in FAR
32.104(d).
DoD does not expect this final 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. This
rule only changes processes that are
internal to the Government and does not
have any impact on small entities.
There were no significant issues
raised by the public in response to the
initial regulatory flexibility analysis.
There is no change to reporting or
recordkeeping as a result of this rule.
There are no known significant
alternative approaches to the rule that
would meet the requirements.
VI. 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 232
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 232 is
amended as follows:
PART 232—CONTRACT FINANCING
1. The authority citation for part 232
continues to read as follows:
■
Authority: 41 U.S.C. 1303 and 48 CFR
chapter 1.
2. Add section 232.104 to subpart
232.1 to read as follows:
■
Lhorne on DSK30JT082PROD with RULES
232.104
Providing contract financing.
For fixed-price contracts with a
period of performance in excess of a
year that meet the dollar thresholds
established in FAR 32.104(d), and for
solicitations expected to result in such
contracts, in lieu of the requirement at
FAR 32.104(d)(1)(ii) for the contractor to
demonstrate actual financial need or the
unavailability of private financing, DoD
has determined that—
VerDate Sep<11>2014
15:15 Dec 21, 2016
Jkt 241001
(1) The use of customary contract
financing (see FAR 32.113), other than
loan guarantees and advance payments,
is in DoD’s best interest; and
(2) Further justification of its use in
individual acquisitions is unnecessary.
[FR Doc. 2016–30596 Filed 12–21–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 161017970–6999–02]
RIN 0648–XE976
Fisheries of the Northeastern United
States; Summer Flounder, Scup, and
Black Sea Bass Fisheries; 2017–2018
Summer Flounder Specifications and
Announcement of 2017 Summer
Flounder and Black Sea Bass
Commercial Accountability Measures
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
In this rule, NMFS issues
revised final 2017 and 2018
specifications for the summer flounder
fishery, which include commercial and
recreational catch limits and prohibit
federally permitted commercial fishing
vessels from landing summer flounder
in Delaware in 2017 due to continued
quota repayment from previous years’
overages. NMFS also announces a black
sea bass commercial accountability
measure that revises the 2017 annual
catch target and commercial quota to
account for a catch overage in 2015.
These actions are necessary to comply
with regulations implementing the
Summer Flounder, Scup, and Black Sea
Bass Fishery Management Plan, and to
ensure compliance with the MagnusonStevens Fishery Conservation and
Management Act. The intent of this
action is to establish harvest levels and
other management measures based on
updated scientific information to ensure
that summer flounder are not overfished
or subject to overfishing in 2017 and
2018, and to enact the catch limit
adjustments that are required by the
fishery management plan.
DATES: Effective January 1, 2017,
through December 31, 2018.
ADDRESSES: Copies of the specifications
document, consisting of a supplemental
environmental assessment (SEA), Initial
SUMMARY:
PO 00000
Frm 00052
Fmt 4700
Sfmt 4700
Regulatory Flexibility Analysis (IRFA),
other supporting documents used by the
Mid-Atlantic Fishery Management
Council and its committees, and the
original environmental assessment for
the 2016–2018 summer flounder, scup,
and black sea bass specifications are
available from Dr. Christopher Moore,
Executive Director, Mid-Atlantic
Fishery Management Council, Suite 201,
800 North State Street, Dover, DE 19901.
The specifications document is also
accessible via the Internet at https://
www.greateratlantic.fisheries.noaa.gov.
The Final Regulatory Flexibility
Analysis (FRFA) consists of the IRFA,
public comments and responses
contained in this final rule, and the
summary of impacts and alternatives
contained in this final rule. Copies of
the small entity compliance guide are
available from John K. Bullard, Regional
Administrator, Greater Atlantic Region,
National Marine Fisheries Service, 55
Great Republic Drive, Gloucester, MA
01930–2298.
FOR FURTHER INFORMATION CONTACT:
Emily Gilbert, Fishery Policy Analyst,
(978) 281–9244.
SUPPLEMENTARY INFORMATION:
Background
The Mid-Atlantic Fishery
Management Council and the Atlantic
States Marine Fisheries Commission
cooperatively manage the summer
flounder, scup, and black sea bass
fisheries. The Summer Flounder, Scup,
and Black Sea Bass Fishery Management
Plan (FMP) and its implementing
regulations outline the Council’s
process for establishing specifications.
Specifications in these fisheries include
various catch and landing subdivisions,
such as the commercial and recreational
sector annual catch limits (ACLs),
annual catch targets (ACTs), and sectorspecific landing limits (i.e., the
commercial fishery quota and
recreational harvest limit). Annual
specifications may be established for
three-year periods, and, in interim
years, specifications are reviewed by the
Council to ensure previously
established multi-year specifications
remain appropriate. The FMP and its
implementing regulations also outline
the Council’s process for establishing
specifications. Requirements of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act), including the
10 national standards, also apply to
specifications.
The most recent specifications for
summer flounder, scup, and black sea
bass fisheries were established in a
December 28, 2015, final rule (80 FR
E:\FR\FM\22DER1.SGM
22DER1
]]>Agencies
[Federal Register Volume 81, Number 246 (Thursday, December 22, 2016)]
[Rules and Regulations]
[Pages 93841-93842]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30596]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 232
[Docket DARS-2016-0009]
RIN 0750-AI90
Defense Federal Acquisition Regulation Supplement: Contract
Financing (DFARS Case 2015-D026)
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) by providing that contracting
officers are not required to further justify a decision to provide
customary contract financing, other than loan guarantees and advance
payments identified in FAR part 32, for certain fixed-price contracts.
DATES: Effective December 22, 2016.
FOR FURTHER INFORMATION CONTACT: Mr. Mark Gomersall, telephone 571-372-
6099.
SUPPLEMENTARY INFORMATION:
I. Background
DoD published a proposed rule in the Federal Register at 81 FR
42607 on June 30, 2016, to revise the DFARS regarding the use of
customary contract financing, other than loan guarantees and advance
payments identified in FAR part 32, on fixed-price contracts with a
period of performance in excess of one year that meet the dollar
thresholds established in FAR 32.104(d). DoD has determined that the
use of such customary contract financing provides improved cash flow as
an incentive for commercial companies to do business with DoD, is in
the Department's best interest, and requires no further justification
of its use.
II. Discussion and Analysis
No public comments were submitted in response to the proposed rule.
Therefore, there are no changes from the proposed rule made in the
final rule.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold and for Commercial Items, Including Commercially Available
Off-the-Shelf Items
This final rule only provides DoD policy regarding providing
contract financing for certain fixed-priced contracts. The rule does
not add any new provisions or clauses or impact any existing provisions
or clauses.
IV. 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.
[[Page 93842]]
V. 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:
The objective of the rule is to clarify that the use of certain
customary contract financing does not require further justification, as
it has been determined to be in DoD's best interest for fixed-price
contracts with a period of performance in excess of one year that meet
the dollar thresholds in FAR 32.104(d).
DoD does not expect this final 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. This rule only
changes processes that are internal to the Government and does not have
any impact on small entities.
There were no significant issues raised by the public in response
to the initial regulatory flexibility analysis.
There is no change to reporting or recordkeeping as a result of
this rule.
There are no known significant alternative approaches to the rule
that would meet the requirements.
VI. 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 232
Government procurement.
Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 232 is amended as follows:
PART 232--CONTRACT FINANCING
0
1. The authority citation for part 232 continues to read as follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Add section 232.104 to subpart 232.1 to read as follows:
232.104 Providing contract financing.
For fixed-price contracts with a period of performance in excess of
a year that meet the dollar thresholds established in FAR 32.104(d),
and for solicitations expected to result in such contracts, in lieu of
the requirement at FAR 32.104(d)(1)(ii) for the contractor to
demonstrate actual financial need or the unavailability of private
financing, DoD has determined that--
(1) The use of customary contract financing (see FAR 32.113), other
than loan guarantees and advance payments, is in DoD's best interest;
and
(2) Further justification of its use in individual acquisitions is
unnecessary.
[FR Doc. 2016-30596 Filed 12-21-16; 8:45 am]
BILLING CODE 5001-06-P
