[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Rules and Regulations]
[Pages 44063-44064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17732]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 29
[FAC 2005-60; FAR Case 2012-019; Item IV; Docket 2012-0019; Sequence 1]
RIN 9000-AM29
Federal Acquisition Regulations; DARPA-New Mexico Tax Agreement
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
[[Page 44064]]
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to add the United States Defense
Advanced Research Projects Agency (DARPA) to the list of agencies that
have entered into separate tax agreements with the State of New Mexico
(NM). The DARPA-NM tax agreement eliminates the double taxation of
Government cost-reimbursement contracts when DARPA contractors and
their subcontractors purchase tangible personal property to be used in
performing services in whole or in part in the State of New Mexico, and
for which title to such property will pass to the United States upon
delivery of the property to the contractor and its subcontractors by
the vendor.
DATES: Effective date: August 27, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Edward N. Chambers, Procurement
Analyst, at 202-501-3221 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-60, FAR Case 2012-
019.
SUPPLEMENTARY INFORMATION:
I. Background
On August 18, 2011, DARPA and the Taxation and Revenue Department
of the State of New Mexico entered into the DARPA-NM tax agreement to
eliminate the double taxation of Government cost-reimbursement
contracts when DARPA contractors and their subcontractors purchase
tangible personal property to be used in performing services in whole
or in part in the State of New Mexico and for which title to such
property will pass to the United States upon delivery of the property
to the contractor and its subcontractors by the vendor.
II. Discussion
The FAR is amended to add the United States Defense Advanced
Research Projects Agency to the list of participating agencies under
FAR 29.401-4(c). DARPA joins the list of other agencies with existing
tax agreements with the State of New Mexico.
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. 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 it recognizes actions taken by DARPA that do not have a
significant effect on contractors or offerors.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision, and 41
U.S.C. 1707 does not require publication for public comment.
VI. 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 29
Government procurement.
Dated: July 16, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR part 29 as follows:
PART 29--TAXES
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1. The authority citation for 48 CFR part 29 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
29.401-4 [Amended]
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2. Amend section 29.401-4 in paragraph (c)(1) by adding to the listing,
in alphabetical order, ``United States Defense Advanced Research
Projects Agency;''.
[FR Doc. 2012-17732 Filed 7-25-12; 8:45 am]
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