[Federal Register: April 26, 2007 (Volume 72, Number 80)]
[Rules and Regulations]               
[Page 20763-20764]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



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 

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.


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:
    [cir] Revises the heading of sections 222.001 and 222.1008.
    [cir] 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.
    [cir] 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 
    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 

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:


1. The authority citation for 48 CFR part 222 continues to read as 

    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:

[[Page 20764]]

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 

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]