This PDF is the current document as it appeared on Public Inspection on 12/10/2014 at 08:45 am.
Defense Acquisition Regulations System, Department of Defense (DoD).
Final rule.Start Printed Page 73500
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.
Effective December 11, 2014.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Ms. Amy G. Williams, telephone 571-372-6106.End Further Info End Preamble Start Supplemental Information
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.Start List of Subjects
List of Subjects in 48 CFR Parts 225 and 252
- Government procurement
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR parts 225 and 252 are amended as follows:Start Amendment Part
1. The authority citation for 48 CFR parts 225 and 252 continues to read as follows:End Amendment Part Start Part
PART 225—FOREIGN ACQUISITIONEnd Part Start Amendment Part
2. Revise section 225.7201 to read as follows:End Amendment Part
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.
3. Amend section 225.7204 by—End Amendment Part Start Amendment Part
a. In paragraph (a), adding the word “and” after the semicolon;End Amendment Part Start Amendment Part
b. In paragraph (b), removing the semicolon and adding a period; andEnd Amendment Part Start Amendment Part
c. Removing paragraph (c).End Amendment Part Start Part
PART 252—SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Remove and reserve 252.225-7005.End Amendment Part End Supplemental Information
[FR Doc. 2014-28816 Filed 12-10-14; 8:45 am]
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