[Federal Register Volume 81, Number 168 (Tuesday, August 30, 2016)]
[Rules and Regulations]
[Page 59510]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-20476]



Defense Acquisition Regulations System

48 CFR Part 225

[Docket DARS-2016-0029]
RIN 0750-AJ04

Defense Federal Acquisition Regulation Supplement: Request for 
Audit Services in France, Germany, the Netherlands, or the United 
Kingdom (DFARS Case 2016-D027)

AGENCY: Defense Acquisition Regulations System, Department of Defense 

ACTION: Final rule.


SUMMARY: DoD is issuing a final rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to specify the countries with 
which DoD has audit agreements.

DATES: Effective August 30, 2016.

FOR FURTHER INFORMATION CONTACT: Ms. Amy G. Williams, telephone 571-


I. Background

    DoD is amending DFARS 225.872-6 to specify the qualifying countries 
that have audit agreements with the United States (i.e., France, 
Germany, the Netherlands, and the United Kingdom).

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    The statute that applies to the publication of the Federal 
Acquisition Regulation (FAR) is 41 U.S.C. 1707 entitled ``Publication 
of Proposed Regulations.'' 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 a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because it only specifies the qualifying countries that have audit 
agreements with the United States, rather than requiring each 
contracting officer to contact the Deputy Director of Defense 
Procurement and Acquisition Policy (Contract Policy and International 
Contracting), to determine whether a qualifying country has such an 
audit agreement. These regulations affect only the internal operating 
procedures of the Government.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-the-Shelf (COTS) Items

    This case does not add any new provisions or clauses or impact any 
existing provisions or clauses.

IV. 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.

V. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant DFARS revision within 
the meaning of FAR 1.501-1, 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 225

    Government procurement.

Jennifer L. Hawes,
Editor, Defense Acquisition Regulations System.
    Therefore, 48 CFR part 225 is amended as follows:


1. The authority citation for 48 CFR part 225 continues to read as 

    Authority:  41 U.S.C. 1303 and 48 CFR chapter 1.

2. Revise section 225.872-6 to read as follows:

225.872-6   Request for audit services.

    Handle requests for audit services in France, Germany, the 
Netherlands, or the United Kingdom in accordance with PGI 215.404-2(c), 
but follow the additional procedures at PGI 225.872-6.

[FR Doc. 2016-20476 Filed 8-29-16; 8:45 am]