Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Rules and Regulations 14241 

requests would be unduly burdensome 

to a contractor. 

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. 

■ Therefore, 48 CFR parts 232 and 252 

are amended as follows: 

■ 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 

■ 2. Section 232.7002 is revised to read 

as follows: 

232.7002 Policy. 

(a) Contractors shall submit payment 

requests in electronic form, except for—

(1) Purchases paid for with a 

Governmentwide commercial purchase 

card; 

(2) Awards made to foreign vendors 

for work performed outside the United 

States; 

(3) Classified contracts or purchases 

when electronic submission and 

processing of payment requests could 

compromise the safeguarding of 

classified information or national 

security; 

(4) Contracts awarded by deployed 

contracting officers in the course of 

military operations, including, but not 

limited to, contingency operations as 

defined in 10 U.S.C. 101(a)(13) or 

humanitarian or peacekeeping 

operations as defined in 10 U.S.C. 

2302(8), or contracts awarded by 

contracting officers in the conduct of 

emergency operations, such as 

responses to natural disasters or 

national or civil emergencies; 

(5) Purchases to support unusual or 

compelling needs of the type described 

in FAR 6.302–2; 

(6) Cases in which DoD is unable to 

receive payment requests in electronic 

form; or 

(7) Cases in which the contracting 

officer administering the contract for 

payment has determined, in writing, 

that electronic submission would be 

unduly burdensome to the contractor. 

(b) DoD officials receiving payment 

requests in electronic form shall process 

the payment requests in electronic form. 

Any supporting documentation 

necessary for payment, such as 

receiving reports, contracts, contract 

modifications, and required 

certifications, also shall be processed in 

electronic form. Scanned documents are 

acceptable forms for processing 

supporting documentation. 

(c) When payment requests will not 

be submitted in electronic form—

(1) Payment requests shall be 

submitted by facsimile or conventional 

mail. The contracting officer shall 

consult with the payment office and the 

contract administration office regarding 

the method of payment request to be 

used; and 

(2) Section G of the contract shall 

specify the method of payment request. 

232.7003 [Amended] 

■ 3. Section 232.7003 is amended in 

paragraph (a)(3) by removing ‘‘http:// 

www.dod.mil/dfas/’’ and adding in its 

place ‘‘http://www.dod.mil/dfas/ 

contractorpay/ 

electroniccommerce.html’’. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 4. Section 252.232–7003 is amended 

as follows: 

■ a. By revising the clause date and 

paragraphs (b)(3)(ii) and (c); 

■ b. By redesignating paragraph (d) as 

paragraph (e); and 

■ c. By adding a new paragraph (d) to 

read as follows: 

252.232–7003 Electronic Submission of 

Payment Requests. 

* * * * * 

ELECTRONIC SUBMISSION OF PAYMENT 

REQUESTS (MAR 2007) 

* * * * * 

(b) * * * 

(3) * * * 

(ii) EDI implementation guides are 

available on the Internet at http:// 

www.dod.mil/dfas/contractorpay/ 

electroniccommerce.html. 

* * * * * 

(c) The Contractor may submit a payment 

request in non-electronic form only when—

(1) DoD is unable to receive a payment 

request in electronic form; or 

(2) The Contracting Officer administering 

the contract for payment has determined, in 

writing, that electronic submission would be 

unduly burdensome to the Contractor. In 

such cases, the Contractor shall include a 

copy of the Contracting Officer’s 

determination with each request for payment. 

(d) The Contractor shall submit any nonelectronic payment requests using the 

method or methods specified in Section G of 

the contract. 

* * * * * 

[FR Doc. E7–5478 Filed 3–26–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AF49 

Defense Federal Acquisition 

Regulation Supplement; Free Trade 

Agreements—Guatemala and Bahrain 

(DFARS Case 2006–D028) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has adopted as final, 

without change, an interim rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the United 

States-Bahrain Free Trade Agreement 

and the Dominican Republic-Central 

America-United States Free Trade 

Agreement with respect to Guatemala. 

The Free Trade Agreements waive the 

applicability of the Buy American Act 

for some foreign supplies and 

construction materials and specify 

procurement procedures designed to 

ensure fairness. 

EFFECTIVE DATE: March 27, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, Defense Acquisition 

Regulations System, 

OUSD(AT&L)DPAP(DARS), IMD 3C132, 

3062 Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0328; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2006–D028. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD published an interim rule at 71 

FR 58541 on October 4, 2006, to 

implement the Dominican RepublicCentral America-United States Free 

Trade Agreement, with respect to 

Guatemala, and the United StatesBahrain Free Trade Agreement. The rule 

amended the appropriate DFARS 

provisions and clauses to reflect the 

addition of Guatemala and Bahrain as 

Free Trade Agreement countries. 

DoD received no comments on the 

interim rule. Therefore, DoD has 

adopted the interim rule as a final rule 

without change. 

This rule was not subject to Office of 

Management and Budget review under 


rmajette on PROD1PC67 with RULES
14242 Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Rules and Regulations 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD certifies that this final rule will 

not 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. 

Although the rule opens up DoD 

procurement to the products of 

Guatemala and Bahrain, DoD does not 

believe there will be a significant 

economic impact on U.S. small 

businesses. DoD applies the trade 

agreements to only those non-defense 

items listed at DFARS 225.401–70, and 

procurements that are set aside for small 

businesses are exempt from application 

of the trade agreements. 

C. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provisions at DFARS 252.225–7020 

and 252.225–7035, currently approved 

under Office of Management and Budget 

Control Number 0704–0229. The 

impact, however, is negligible. 

List of Subjects in 48 CFR Part 252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR Part 252, which was 

published at 71 FR 58541 on October 4, 

2006, is adopted as a final rule without 

change. 

[FR Doc. E7–5479 Filed 3–26–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 252 

RIN 0750–AF57 

Defense Federal Acquisition 

Regulation Supplement; New 

Designated Countries (DFARS Case 

2006–D062) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: DoD has issued an interim 

rule amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to implement the Dominican 

Republic-Central America-United States 

Free Trade Agreement with respect to 

the Dominican Republic. The rule also 

adds Bulgaria and Romania to the list of 

countries covered by the World Trade 

Organization Government Procurement 

Agreement. 

DATES: Effective date: March 27, 2007. 

Comment date: Comments on the 

interim rule should be submitted in 

writing to the address shown below on 

or before May 29, 2007, to be considered 

in the formation of the final rule. 

ADDRESSES: You may submit comments, 

identified by DFARS Case 2006–D062, 

using any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: dfars@osd.mil. Include 

DFARS Case 2006–D062 in the subject 

line of the message. 

• Fax: (703) 602–0350. 

• Mail: Defense Acquisition 

Regulations System, Attn: Ms. Amy 

Williams, OUSD(AT&L)DPAP(DARS), 

IMD 3C132, 3062 Defense Pentagon, 

Washington, DC 20301–3062. 

• Hand Delivery/Courier: Defense 

Acquisition Regulations System, Crystal 

Square 4, Suite 200A, 241 18th Street, 

Arlington, VA 22202–3402. 

Comments received generally will be 

posted without change to http:// 

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Amy Williams, (703) 602–0328. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This interim rule amends DFARS 

clauses relating to trade agreements to 

implement the Dominican RepublicCentral America-United States Free 

Trade Agreement (CAFTA–DR) with 

respect to the Dominican Republic. 

Congress approved the CAFTA–DR in 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement Implementation Act (Public 

Law 109–53). The CAFTA–DR waives 

the applicability of the Buy American 

Act for some foreign supplies and 

construction materials and specifies 

procurement procedures designed to 

ensure fairness. 

The rule adds the Dominican 

Republic to the definitions of 

‘‘designated country’’ and ‘‘Free Trade 

Agreement country.’’ In addition, the 

rule removes the Dominican Republic 

from the list of Caribbean Basin 

countries, because, in accordance with 

Section 201(a)(3) of Public Law 109–53, 

when the CAFTA–DR enters into force 

with respect to a country, that country 

is no longer designated as a beneficiary 

country for purposes of the Caribbean 

Basin Economic Recovery Act. 

The rule also adds Bulgaria and 

Romania to the list of World Trade 

Organization Government Procurement 

Agreement countries, based upon 

direction from the United States Trade 

Representative. 

This rule was not subject to Office of 

Management and Budget review under 

Executive Order 12866, dated 

September 30, 1993. 

B. Regulatory Flexibility Act 

DoD does not expect this 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. 

Although the rule opens up DoD 

procurement to the products of Bulgaria, 

the Dominican Republic, and Romania, 

DoD does not believe there will be a 

significant economic impact on U.S. 

small businesses. DoD applies the trade 

agreements to only those non-defense 

items listed at DFARS 225.401–70, and 

procurements that are set aside for small 

businesses are exempt from application 

of the trade agreements. Therefore, DoD 

has not performed an initial regulatory 

flexibility analysis. DoD invites 

comments from small businesses and 

other interested parties. DoD also will 

consider comments from small entities 

concerning the affected DFARS subparts 

in accordance with 5 U.S.C. 610. Such 

comments should be submitted 

separately and should cite DFARS Case 

2006–D062. 

C. Paperwork Reduction Act 

This rule affects the certification and 

information collection requirements in 

the provisions at DFARS 252.225–7020 

and 252.225–7035, currently approved 

under Office of Management and Budget 

Control Number 0704–0229. The 

impact, however, is negligible. 

D. Determination To Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

that urgent and compelling reasons exist 

to publish an interim rule prior to 

affording the public an opportunity to 

comment. This interim rule implements 

the Dominican Republic-Central 

America-United States Free Trade 

Agreement with respect to the 

Dominican Republic, which became 

effective on March 1, 2007. The rule 

also implements the addition of 

Bulgaria and Romania to the countries 

covered by the World Trade 

Organization Government Procurement 

Agreement, which became effective on 


rmajette on PROD1PC67 with RULES