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Federal Register / Vol. 72, No.

80 / Thursday, April 26, 2007 / Rules and Regulations 20763

solicitations and purchase orders issued ■ 24. Section 252.219–7004 is amended determinations for construction and
under the PA cited in 219.800. by revising the section heading, the service contracts.
clause title and date, and paragraph (d) This final rule makes the following
219.812 [Removed] to read as follows: corresponding DFARS changes:
■ 20. Section 219.812 is removed. Æ Revises the heading of sections
252.219–7004 Small business
■ 21. Section 219.1101 is added to read subcontracting plan (test program). 222.001 and 222.1008.
as follows: Æ Relocates text addressing use of the
* * * * * Service Contract Act Directory of
219.1101 General. SMALL BUSINESS SUBCONTRACTING Occupations, from 222.1008–2 to
The determination to use or suspend PLAN (TEST PROGRAM) (APR 2007) 222.1008–1, and updates the text to
the price evaluation adjustment for DoD * * * * * reflect the replacement of Standard
acquisitions can be found at http:// (d) The failure of the Contractor or Form 98a with the electronic e98
www.acq.osd.mil/dpap/dars/classdev/ subcontractor to comply in good faith with process.
index.htm. (1) the clause of this contract entitled Æ Removes obsolete text at 222.1008–
‘‘Utilization of Small Business Concerns,’’ or 7 and 222.1014.
PART 252—SOLICITATION (2) an approved plan required by this clause,
shall be a material breach of the contract. In addition, this final rule adds
PROVISIONS AND CONTRACT DFARS section 222.404–2, which
CLAUSES [FR Doc. E7–7906 Filed 4–25–07; 8:45 am] contains a reference to internal DoD
BILLING CODE 5001–08–P procedures for obtaining clarification of
■ 22. Section 252.212–7001 is amended
proper application of construction wage
by revising the clause date and
rate schedules.
paragraphs (b)(2) and (3) to read as DEPARTMENT OF DEFENSE This rule was not subject to Office of
follows:
Management and Budget review under
Defense Acquisition Regulations
252.212–7001 Contract terms and Executive Order 12866, dated
System
conditions required to implement Statutes September 30, 1993.
or Executive orders applicable to Defense
acquisitions of commercial items. 48 CFR Part 222 B. Regulatory Flexibility Act
* * * * * RIN 0750–AF59 This rule will not have a significant
cost or administrative impact on
CONTRACT TERMS AND CONDITIONS
REQUIRED TO IMPLEMENT STATUTES OR Defense Federal Acquisition contractors or offerors, or a significant
EXECUTIVE ORDERS APPLICABLE TO Regulation Supplement; Wage effect beyond the internal operating
DEFENSE ACQUISITIONS OF Determinations (DFARS Case 2006– procedures of DoD. Therefore,
COMMERCIAL ITEMS (APR 2007) D043) publication for public comment under
* * * * * 41 U.S.C. 418b is not required.
AGENCY: Defense Acquisition However, DoD will consider comments
(b) * * *
Regulations System, Department of
(2) ll 252.219–7003, Small Business from small entities concerning the
Subcontracting Plan (DoD Contracts) (APR Defense (DoD). affected DFARS subparts in accordance
2007) (15 U.S.C. 637). ACTION: Final rule. with 5 U.S.C. 610. Such comments
(3) ll 252.219–7004, Small Business should cite DFARS Case 2006–D043.
Subcontracting Plan (Test Program) (APR SUMMARY: DoD has issued a final rule
2007) (15 U.S.C. 637 note). amending the Defense Federal C. Paperwork Reduction Act
* * * * * Acquisition Regulation Supplement The Paperwork Reduction Act does
(DFARS) to update procedures for not apply, because the rule does not
■ 23. Section 252.219–7003 is amended
obtaining Department of Labor wage impose any information collection
by revising the section heading, the
determinations for construction and requirements that require the approval
clause title and date, the introductory
service contracts. The DFARS of the Office of Management and Budget
text preceding paragraph (a), and
amendments are consistent with under 44 U.S.C. 3501, et seq.
paragraph (g) to read as follows:
changes made to the Federal
252.219–7003 Small business Acquisition Regulation. List of Subjects in 48 CFR Part 222
subcontracting plan (DoD contracts). EFFECTIVE DATE: April 26, 2007. Government procurement.
* * * * * FOR FURTHER INFORMATION CONTACT: Ms.
Michele P. Peterson,
SMALL BUSINESS SUBCONTRACTING Amy Williams, Defense Acquisition
Editor, Defense Acquisition Regulations
PLAN (DOD CONTRACTS) (APR 2007) Regulations System, OUSD (AT&L)
System.
This clause supplements the Federal DPAP (DARS), IMD 3C132, 3062
Acquisition Regulation 52.219–9, Small Defense Pentagon, Washington, DC ■Therefore, 48 CFR part 222 is
Business Subcontracting Plan, clause of this 20301–3062. Telephone (703) 602–0328; amended as follows:
contract. facsimile (703) 602–0350. Please cite
DFARS Case 2006–D043. PART 222—APPLICATION OF LABOR
* * * * * LAWS TO GOVERNMENT
(g) In those subcontracting plans which SUPPLEMENTARY INFORMATION:
specifically identify small businesses, the ACQUISITIONS
Contractor shall notify the Administrative A. Background
■ 1. The authority citation for 48 CFR
Contracting Officer of any substitutions of Item IV of Federal Acquisition
firms that are not small business firms, for
part 222 continues to read as follows:
Circular 2005–10, published at 71 FR
the small business firms specifically Authority: 41 U.S.C. 421 and 48 CFR
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identified in the subcontracting plan. 36930 on June 28, 2006, amended the Chapter 1.
Notifications shall be in writing and shall Federal Acquisition Regulation to
occur within a reasonable period of time after implement the Wage Determinations ■ 2. Section 222.001 is amended by
award of the subcontract. Contractor- OnLine internet Website as the source revising the section heading to read as
specified formats shall be acceptable. for obtaining Department of Labor wage follows:

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20764 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations

222.001 Definitions. FOR FURTHER INFORMATION CONTACT: Ms. ■ 1. The authority citation for 48 CFR
* * * * * Felisha Hitt, Defense Acquisition parts 222 and 252 continues to read as
■ 3. Section 222.404–2 is added to read Regulations System, OUSD (AT&L) follows:
as follows: DPAP (DARS), IMD 3C132, 3062 Authority: 41 U.S.C. 421 and 48 CFR
Defense Pentagon, Washington, DC Chapter 1.
222.404–2 General requirements. 20301–3062. Telephone (703) 602–0310;
(c)(5) Follow the procedures at PGI facsimile (703) 602–0350. Please cite PART 222—APPLICATION OF LABOR
222.404–2(c)(5) when seeking DFARS Case 2006–D065. LAWS TO GOVERNMENT
clarification of the proper application of SUPPLEMENTARY INFORMATION: ACQUISITIONS
construction wage rate schedules.
A. Background ■ 2. Section 222.7300 is revised to read
■ 4. Section 222.1008 is revised to read 10 U.S.C. 2864 contained a as follows:
as follows: prohibition on the performance of work
by persons with nonimmigrant status 222.7300 Scope of subpart.
222.1008 Procedures for obtaining wage
determinations. under contracts for military This subpart—
construction on Guam. Section 2810 of (a) Implements Section 390 of the
■ 5. Section 222.1008–1 is added to read the National Defense Authorization Act
as follows: National Defense Authorization Act for
for Fiscal Year 2007 (Pub. L. 109–364) Fiscal Year 1998 (Pub. L. 105–85); and
222.1008–1 Obtaining wage repealed 10 U.S.C. 2864. Therefore, this (b) Applies to contracts for base
determinations. final rule revises DFARS Subpart 222.73 operations support on Guam that—
Follow the procedures at PGI to remove references to the prohibition
of 10 U.S.C. 2864. The statutory (1) Are awarded as a result of a
222.1008–1 regarding use of the Service competition conducted under OMB
Contract Act Directory of Occupations prohibition on the use of nonimmigrant
aliens under contracts for base Circular A–76; and
when preparing the e98.
operations support on Guam (Pub. L. (2) Are entered into or modified on or
222.1008–2, 222.1008–7, and 222.1014 105–85, Section 390) is still in effect after November 18, 1997.
[Removed] and continues to be implemented in ■ 3. Section 222.7301 is amended by
■ 6. Sections 222.1008–2, 222.1008–7, DFARS Subpart 222.73. revising paragraph (a) to read as follows:
and 222.1014 are removed. This rule was not subject to Office of
Management and Budget review under 222.7301 Prohibition on use of
[FR Doc. E7–7908 Filed 4–25–07; 8:45 am] nonimmigrant aliens.
Executive Order 12866, dated
BILLING CODE 5001–08–P September 30, 1993. (a) Any alien who is issued a visa or
B. Regulatory Flexibility Act otherwise provided nonimmigrant
status under Section 101(a)(15)(H)(ii) of
DEPARTMENT OF DEFENSE This rule will not have a significant the Immigration and Nationality Act (8
cost or administrative impact on U.S.C. 1101(a)(15)(H)(ii)) is prohibited
Defense Acquisition Regulations
contractors or offerors, or a significant from performing work under a contract
System
effect beyond the internal operating for base operations support on Guam.
procedures of DoD. Therefore, * * * * *
48 CFR Parts 222 and 252
publication for public comment under
RIN 0750–AF65 41 U.S.C. 418b is not required. ■ 4. Section 222.7302 is revised to read
However, DoD will consider comments as follows:
Defense Federal Acquisition from small entities concerning the 222.7302 Contract clause.
Regulation Supplement; Military affected DFARS subpart in accordance
Construction on Guam (DFARS Case with 5 U.S.C. 610. Such comments Use the clause at 252.222–7005,
2006–D065) should cite DFARS Case 2006–D065. Prohibition on Use of Nonimmigrant
Aliens—Guam, in solicitations and
AGENCY: Defense Acquisition C. Paperwork Reduction Act contracts subject to this subpart.
Regulations System, Department of
The Paperwork Reduction Act does
Defense (DoD). 222.7303 [Removed]
not apply, because the rule does not
ACTION: Final rule. impose any information collection ■ 5. Section 222.7303 is removed.
requirements that require the approval
SUMMARY: DoD has issued a final rule PART 252—SOLICITATION
of the Office of Management and Budget
amending the Defense Federal PROVISIONS AND CONTRACT
under 44 U.S.C. 3501, et seq.
Acquisition Regulation Supplement CLAUSES
(DFARS) to remove text addressing a List of Subjects in 48 CFR Parts 222 and
statutory prohibition on the use of 252 252.222–7005 [Amended]
nonimmigrant aliens to perform work Government procurement. ■ 6. Section 252.222–7005 is amended
under contracts for military in the introductory text by removing
construction on Guam. The statutory Michele P. Peterson,
‘‘222.7303’’ and adding in its place
prohibition was repealed by Section Editor, Defense Acquisition Regulations ‘‘222.7302’’.
2810 of the National Defense System.
Authorization Act for Fiscal Year 2007. ■ Therefore, 48 CFR parts 222 and 252 [FR Doc. E7–7912 Filed 4–25–07; 8:45 am]
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EFFECTIVE DATE: April 26, 2007. are amended as follows: BILLING CODE 5001–08–P

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