[Federal Register Volume 73, Number 16 (Thursday, January 24, 2008)]
[Rules and Regulations]
[Pages 4116-4117]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-1091]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 232 and 252
RIN 0750-AF76
Defense Federal Acquisition Regulation Supplement; Payment
Withholding--Deletion of Duplicative Text (DFARS Case 2007-D010)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove text addressing
withholding of payments under time-and-materials and labor-hour
contracts. The DFARS text is no longer necessary, since similar policy
has been added to the Federal Acquisition Regulation (FAR).
[[Page 4117]]
DATES: Effective Date: January 24, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Robin Schulze, Defense Acquisition
Regulations System, OUSD(AT&L)DPAP(DARS), IMD 3D139, 3062 Defense
Pentagon, Washington, DC 20301-3062. Telephone 703-602-0326; facsimile
703-602-7887. Please cite DFARS Case 2007-D010.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS 232.111 and 252.232-7006 provide that, under time-and-
materials and labor-contracts, there normally should be no need to
withhold payment for a contractor with a record of timely submittal of
a release discharging the Government from all liabilities, obligations,
and claims under the contract. Similar policy was added to FAR 32.111
and 52.232-7 in the final rule published at 70 FR 43580 on July 27,
2005. Therefore, the DFARS text is no longer necessary, and sections
232.111 and 252.232-7006 are removed.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This rule will not have a significant cost or administrative impact
on contractors or offerors, or a significant effect beyond the internal
operating procedures of DoD. Therefore, publication for public comment
under 41 U.S.C. 418b is not required. However, DoD will consider
comments from small entities concerning the affected DFARS subparts in
accordance with 5 U.S.C. 610. Such comments should cite DFARS Case
2007-D010.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 232 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
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Therefore, 48 CFR parts 232 and 252 are amended as follows:
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1. The authority citation for 48 CFR parts 232 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 232--CONTRACT FINANCING
232.111 [Removed]
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2. Section 232.111 is removed.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.232-7006 [Removed and Reserved]
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3. Section 252.232-7006 is removed and reserved.
[FR Doc. E8-1091 Filed 1-23-08; 8:45 am]
BILLING CODE 5001-08-P