Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 20763 

solicitations and purchase orders issued 

under the PA cited in 219.800. 

219.812 [Removed] 

■ 20. Section 219.812 is removed. 

■ 21. Section 219.1101 is added to read 

as follows: 

219.1101 General. 

The determination to use or suspend 

the price evaluation adjustment for DoD 

acquisitions can be found at http:// 

www.acq.osd.mil/dpap/dars/classdev/ 

index.htm. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

■ 22. Section 252.212–7001 is amended 

by revising the clause date and 

paragraphs (b)(2) and (3) to read as 

follows: 

252.212–7001 Contract terms and 

conditions required to implement Statutes 

or Executive orders applicable to Defense 

acquisitions of commercial items. 

* * * * * 

CONTRACT TERMS AND CONDITIONS 

REQUIRED TO IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS APPLICABLE TO 

DEFENSE ACQUISITIONS OF 

COMMERCIAL ITEMS (APR 2007) 

* * * * * 

(b) * * * 

(2) ll 252.219–7003, Small Business 

Subcontracting Plan (DoD Contracts) (APR 

2007) (15 U.S.C. 637). 

(3) ll 252.219–7004, Small Business 

Subcontracting Plan (Test Program) (APR 

2007) (15 U.S.C. 637 note). 

* * * * * 

■ 23. Section 252.219–7003 is amended 

by revising the section heading, the 

clause title and date, the introductory 

text preceding paragraph (a), and 

paragraph (g) to read as follows: 

252.219–7003 Small business 

subcontracting plan (DoD contracts). 

* * * * * 

SMALL BUSINESS SUBCONTRACTING 

PLAN (DOD CONTRACTS) (APR 2007) 

This clause supplements the Federal 

Acquisition Regulation 52.219–9, Small 

Business Subcontracting Plan, clause of this 

contract. 

* * * * * 

(g) In those subcontracting plans which 

specifically identify small businesses, the 

Contractor shall notify the Administrative 

Contracting Officer of any substitutions of 

firms that are not small business firms, for 

the small business firms specifically 

identified in the subcontracting plan. 

Notifications shall be in writing and shall 

occur within a reasonable period of time after 

award of the subcontract. Contractorspecified formats shall be acceptable. 

■ 24. Section 252.219–7004 is amended 

by revising the section heading, the 

clause title and date, and paragraph (d) 

to read as follows: 

252.219–7004 Small business 

subcontracting plan (test program). 

* * * * * 

SMALL BUSINESS SUBCONTRACTING 

PLAN (TEST PROGRAM) (APR 2007) 

* * * * * 

(d) The failure of the Contractor or 

subcontractor to comply in good faith with 

(1) the clause of this contract entitled 

‘‘Utilization of Small Business Concerns,’’ or 

(2) an approved plan required by this clause, 

shall be a material breach of the contract. 

[FR Doc. E7–7906 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Part 222 

RIN 0750–AF59 

Defense Federal Acquisition 

Regulation Supplement; Wage 

Determinations (DFARS Case 2006–

D043) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to update procedures for 

obtaining Department of Labor wage 

determinations for construction and 

service contracts. The DFARS 

amendments are consistent with 

changes made to the Federal 

Acquisition Regulation. 

EFFECTIVE DATE: April 26, 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–D043. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Item IV of Federal Acquisition 

Circular 2005–10, published at 71 FR 

36930 on June 28, 2006, amended the 

Federal Acquisition Regulation to 

implement the Wage Determinations 

OnLine internet Website as the source 

for obtaining Department of Labor wage 

determinations for construction and 

service contracts. 

This final rule makes the following 

corresponding DFARS changes: 

Æ Revises the heading of sections 

222.001 and 222.1008. 

Æ Relocates text addressing use of the 

Service Contract Act Directory of 

Occupations, from 222.1008–2 to 

222.1008–1, and updates the text to 

reflect the replacement of Standard 

Form 98a with the electronic e98 

process. 

Æ Removes obsolete text at 222.1008–

7 and 222.1014. 

In addition, this final rule adds 

DFARS section 222.404–2, which 

contains a reference to internal DoD 

procedures for obtaining clarification of 

proper application of construction wage 

rate schedules. 

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 2006–D043. 

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 Part 222 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR part 222 is 

amended as follows: 

PART 222—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 1. The authority citation for 48 CFR 

part 222 continues to read as follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

■ 2. Section 222.001 is amended by 

revising the section heading to read as 

follows: 


pwalker on PROD1PC71 with RULES
20764 Federal Register / Vol. 72, No. 80 / Thursday, April 26, 2007 / Rules and Regulations 

222.001 Definitions. 

* * * * * 

■ 3. Section 222.404–2 is added to read 

as follows: 

222.404–2 General requirements. 

(c)(5) Follow the procedures at PGI 

222.404–2(c)(5) when seeking 

clarification of the proper application of 

construction wage rate schedules. 

■ 4. Section 222.1008 is revised to read 

as follows: 

222.1008 Procedures for obtaining wage 

determinations. 

■ 5. Section 222.1008–1 is added to read 

as follows: 

222.1008–1 Obtaining wage 

determinations. 

Follow the procedures at PGI 

222.1008–1 regarding use of the Service 

Contract Act Directory of Occupations 

when preparing the e98. 

222.1008–2, 222.1008–7, and 222.1014 

[Removed] 

■ 6. Sections 222.1008–2, 222.1008–7, 

and 222.1014 are removed. 

[FR Doc. E7–7908 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 

DEPARTMENT OF DEFENSE 

Defense Acquisition Regulations 

System 

48 CFR Parts 222 and 252 

RIN 0750–AF65 

Defense Federal Acquisition 

Regulation Supplement; Military 

Construction on Guam (DFARS Case 

2006–D065) 

AGENCY: Defense Acquisition 

Regulations System, Department of 

Defense (DoD). 

ACTION: Final rule. 

SUMMARY: DoD has issued a final rule 

amending the Defense Federal 

Acquisition Regulation Supplement 

(DFARS) to remove text addressing a 

statutory prohibition on the use of 

nonimmigrant aliens to perform work 

under contracts for military 

construction on Guam. The statutory 

prohibition was repealed by Section 

2810 of the National Defense 

Authorization Act for Fiscal Year 2007. 

EFFECTIVE DATE: April 26, 2007. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Felisha Hitt, Defense Acquisition 

Regulations System, OUSD (AT&L) 

DPAP (DARS), IMD 3C132, 3062 

Defense Pentagon, Washington, DC 

20301–3062. Telephone (703) 602–0310; 

facsimile (703) 602–0350. Please cite 

DFARS Case 2006–D065. 

SUPPLEMENTARY INFORMATION: 

A. Background 

10 U.S.C. 2864 contained a 

prohibition on the performance of work 

by persons with nonimmigrant status 

under contracts for military 

construction on Guam. Section 2810 of 

the National Defense Authorization Act 

for Fiscal Year 2007 (Pub. L. 109–364) 

repealed 10 U.S.C. 2864. Therefore, this 

final rule revises DFARS Subpart 222.73 

to remove references to the prohibition 

of 10 U.S.C. 2864. The statutory 

prohibition on the use of nonimmigrant 

aliens under contracts for base 

operations support on Guam (Pub. L. 

105–85, Section 390) is still in effect 

and continues to be implemented in 

DFARS Subpart 222.73. 

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 subpart in accordance 

with 5 U.S.C. 610. Such comments 

should cite DFARS Case 2006–D065. 

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 222 and 

252 

Government procurement. 

Michele P. Peterson, 

Editor, Defense Acquisition Regulations 

System. 

■ Therefore, 48 CFR parts 222 and 252 

are amended as follows: 

■ 1. The authority citation for 48 CFR 

parts 222 and 252 continues to read as 

follows: 

Authority: 41 U.S.C. 421 and 48 CFR 

Chapter 1. 

PART 222—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 2. Section 222.7300 is revised to read 

as follows: 

222.7300 Scope of subpart. 

This subpart—

(a) Implements Section 390 of the 

National Defense Authorization Act for 

Fiscal Year 1998 (Pub. L. 105–85); and 

(b) Applies to contracts for base 

operations support on Guam that—

(1) Are awarded as a result of a 

competition conducted under OMB 

Circular A–76; and 

(2) Are entered into or modified on or 

after November 18, 1997. 

■ 3. Section 222.7301 is amended by 

revising paragraph (a) to read as follows: 

222.7301 Prohibition on use of 

nonimmigrant aliens. 

(a) Any alien who is issued a visa or 

otherwise provided nonimmigrant 

status under Section 101(a)(15)(H)(ii) of 

the Immigration and Nationality Act (8 

U.S.C. 1101(a)(15)(H)(ii)) is prohibited 

from performing work under a contract 

for base operations support on Guam. 

* * * * * 

■ 4. Section 222.7302 is revised to read 

as follows: 

222.7302 Contract clause. 

Use the clause at 252.222–7005, 

Prohibition on Use of Nonimmigrant 

Aliens—Guam, in solicitations and 

contracts subject to this subpart. 

222.7303 [Removed] 

■ 5. Section 222.7303 is removed. 

PART 252—SOLICITATION 

PROVISIONS AND CONTRACT 

CLAUSES 

252.222–7005 [Amended] 

■ 6. Section 252.222–7005 is amended 

in the introductory text by removing 

‘‘222.7303’’ and adding in its place 

‘‘222.7302’’. 

[FR Doc. E7–7912 Filed 4–25–07; 8:45 am] 

BILLING CODE 5001–08–P 


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