[Federal Register Volume 78, Number 211 (Thursday, October 31, 2013)]
[Rules and Regulations]
[Pages 65219-65220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-25729]
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DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 245
RIN 0750-AI03
Defense Federal Acquisition Regulation Supplement: Approval of
Rental Waiver Requests (DFARS Case 2013-D006)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
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SUMMARY: DoD is issuing a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to remove the Director of
Defense Security Cooperation Agency from the approval process for
waiver or reduction of charges for the use of Government property on
work for foreign governments or international organizations.
DATES: Effective October 31, 2013.
FOR FURTHER INFORMATION CONTACT: Annette Gray, telephone 571-372-6093.
SUPPLEMENTARY INFORMATION:
[[Page 65220]]
I. Discussion
DoD is revising the DFARS to implement a policy that will allow
contracting officers to approve requests for waiver or reduction of
rental charges for the use of Government property on work for foreign
governments or international organizations. Over the past year the
Director of Defense Security Cooperation Agency (DSCA) has seen a
significant increase in the number of requests with extremely low
dollar values over the rental period. Currently, DSCA is required to
approve requests in which the agency has no equities. This final rule
will allow the contracting officer to process the request for waiver or
reduction of charges for the use of Government property on work for
foreign governments or international organizations without a separate
review by DSCA. Removing DSCA from the approval process will expedite
contractors' requests, while still protecting the interests of the
Government.
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 the changes are not substantive and only modify the internal
operating procedures of DoD.
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 245
Government procurement.
Manuel Quinones,
Editor, Defense Acquisition Regulations System.
Therefore, 48 CFR part 245 is amended as follows:
PART 245--GOVERNMENT PROPERTY
0
1. The authority citation for 48 CFR part 245 continues to read as
follows:
Authority: 41 U.S.C. 1303 and 48 CFR chapter 1.
0
2. Section 245.302 is amended by revising paragraph (3)(ii) to read as
follows:
245.302 Contracts with foreign governments or international
organizations.
* * * * *
(3) * * *
(ii) Requests for waiver or reduction of charges for the use of
Government property on work for foreign governments or international
organizations shall be submitted to the contracting officer, who is
authorized to approve the requests in consultation with the appropriate
functional specialist.
[FR Doc. 2013-25729 Filed 10-30-13; 8:45 am]
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