[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Rules and Regulations]
[Pages 44063-44064]
From the Federal Register Online via the Government Publishing 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

0
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]

0
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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