Federal Acquisition Regulation; Increased Justification and Approval Threshold for DoD, NASA, and Coast Guard, 11739-11740 [05-4085]

Download as PDF Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 5. Revise section 36.600 to read as follows: I 36.600 Scope of Subpart. This subpart prescribes policies and procedures applicable to the acquisition of architect-engineer services, including orders for architect-engineer services under multi-agency contracts (see 16.505(a)(8)). [FR Doc. 05–4084 Filed 3–8–05; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 6 [FAC 2005–01; FAR Case 2004–037; Item II] RIN 9000–AK12 Federal Acquisition Regulation; Increased Justification and Approval Threshold for DoD, NASA, and Coast Guard Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to increase the justification and approval thresholds for DoD, NASA, and the U.S. Coast Guard, as a result of Section 815 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, Public Law 108–375, which amends 10 U.S.C. 2304(f)(1)(B) by striking $50,000,000 both places it appears and inserting $75,000,000 in its place. In addition, the FAR is amended by replacing the outdated reference to ‘‘grade GS–16’’ with ‘‘a grade above GS– 15.’’ DATES: Effective Date: March 9, 2005. Comment Date: Interested parties should submit comments to the FAR Secretariat at the address shown below on or before May 9, 2005 to be considered in the formulation of a final rule. VerDate jul<14>2003 16:48 Mar 08, 2005 Jkt 205001 Submit comments identified by FAC 2005–01, FAR case 2004–037, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Agency Web Site: http:// www.acqnet.gov/far/ProposedRules/ proposed.htm. Click on the FAR case number to submit comments. • E-mail: farcase.2004–037@gsa.gov. Include FAC 2005–01, FAR case 2004– 037, in the subject line of the message. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite FAC 2005–01, FAR case 2004–037, in all correspondence related to this case. All comments received will be posted without change to http:// www.acqnet.gov/far/ProposedRules/ proposed.htm, including any personal information provided. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact Mr. Michael Jackson, Procurement Analyst, at (202) 208– 4949. Please cite FAC 2005–01, FAR case 2004–037. SUPPLEMENTARY INFORMATION: ADDRESSES: A. Background This interim rule implements Section 815 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, Public Law 108–375,which amends 10 U.S.C. 2304(f)(1)(B) by striking $50,000,000 both places it appears and inserting $75,000,000. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. 11739 parties must submit such comments separately and should cite 5 U.S.C 601, et seq. (FAC 2005–01, FAR case 2004– 037), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. D. Determination to Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense (DoD), the Administrator of General Services (GSA), and the Administrator of the National Aeronautics and Space Administration (NASA) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because this rule implements Section 815 of Public Law 108–375, which was effective upon enactment (October 28, 2004). However, pursuant to Public Law 98–577 and FAR 1.501, the Councils will consider public comments received in response to this interim rule in the formation of the final rule. List of Subjects in 48 CFR Part 6 Government procurement. Dated: February 24, 2005 Rodney P. Lantier, Director,Contract Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR part 6 as set forth below: I PART 6—COMPETITION REQUIREMENTS 1. The authority citation for 48 CFR part 6 is revised to read as follows: I Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and42 U.S.C. 2473(c). 2. Amend section 6.304 by revising the introductory text of paragraph (a)(3), paragraph (a)(3)(ii), and the first sentence of paragraph (a)(4) to read as follows: I B. Regulatory Flexibility Act 6.304 The interim rule is not expected to have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act,5 U.S.C. 601, et seq., because the rule does not impose any costs on either small or large businesses. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils will consider comments from small entities concerning the affected FAR Part 6 in accordance with 5 U.S.C. 610. Interested (a) * * * (3) For a proposed contract over $10,000,000, but not exceeding $50,000,000, or, for DoD, NASA, and the Coast Guard, not exceeding $75,000,000, by the head of the procuring activity, or a designee who— * * * * * (ii) If a civilian, is serving in a position in a grade above GS–15 under the General Schedule (or in a comparable or higher position under another schedule). PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR2.SGM Approval of the justification. 09MRR2 11740 Federal Register / Vol. 70, No. 45 / Wednesday, March 9, 2005 / Rules and Regulations than the simplified acquisition threshold, but not exceeding $5,000,000 ($10,000,000 for acquisitions as described in 13.500(e)). This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. DEPARTMENT OF DEFENSE DEPARTMENT OF DEFENSE B. Regulatory Flexibility Act RIN 9000–AK14 GENERAL SERVICES ADMINISTRATION The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Public Law98–577, and publication for public comments is not required. This rule continues current FAR policy. However, the Councils will consider comments from small entities concerning the affected FAR Part 13 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAR case 2004–034), in correspondence. Federal Acquisition Regulation; Addition of Landscaping and Pest Control Services to the Small Business Competitiveness Demonstration Program (4) For a proposed contract over $50,000,000 or, for DoD, NASA, and the Coast Guard, over $75,000,000, by the senior procurement executive of the agency designatedpursuant to the OFPP Act (41 U.S.C. 414(3)) in accordance with agency procedures. * * * * * * * * [FR Doc. 05–4085 Filed 3–8–05; 8:45 am] BILLING CODE 6820–EP–S NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 13 [FAC 2005–01; FAR Case 2004–034; Item III] RIN 9000–AK11 Federal Acquisition Regulation; Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items, Test Program Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to extend the timeframe to use the test program for commercial items. DATES: Effective Date: April 8, 2005. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755 for information pertaining to status or publication schedules. For clarification of content, contact Mr. Michael O. Jackson, Procurement Analyst, at (202) 208–4949. Please cite FAC 2005–01, FAR case 2004–034. SUPPLEMENTARY INFORMATION: A. Background This final rule amends the Federal Acquisition Regulation to implement Section 817 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005. Section 817 amended section 4202(e) of the Clinger-Cohen Act of 1996 (Public Law 104–106) by extending until January 1, 2008, the timeframe in which an agency may use simplified procedures to purchase commercial items in amounts greater VerDate jul<14>2003 16:48 Mar 08, 2005 Jkt 205001 GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 19 and 52 [FAC 2005–01; FAR Case 2004–036; Item IV] Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition C. Paperwork Reduction Act Regulation (FAR) regarding the addition The Paperwork Reduction Act does of landscaping and pest control services not apply because the changes to the to the Small Business Competitiveness FAR do not impose information Demonstration Program. This FAR collection requirements that require the revision implements Section 821 of the Ronald W. Reagan National Defense approval of the Office of Management Authorization Act for Fiscal Year 2005, and Budget under 44 U.S.C. 3501, et Public Law 108–375, which amends seq. Section 717 of the Small Business List of Subjects in 48 CFR Part 13 Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 Government procurement. note) to include landscaping and pest Dated: February 24, 2005 control services. Rodney P. Lantier, DATES: Effective Date: March 9, 2005. Comment Date: Interested parties Director,Contract Policy Division. should submit comments to the FAR I Therefore, DoD, GSA, and NASA Secretariat at the address shown below amend 48 CFR part 13 as set forth below: on or before May 9, 2005 to be considered in the formulation of a final PART 13—SIMPLIFIED ACQUISITION rule. PROCEDURES ADDRESSES: Submit comments identified by FAC 2005–01, FAR case I 1. The authority citation for 48 CFR 2004–036 by any of the following part 13 is revised to read as follows: methods: Authority: 40 U.S.C. 121(c); 10 U.S.C. • Federal eRulemaking Portal: http:// chapter 137; and 42 U.S.C. 2473(c). www.regulations.gov. Follow the instructions for submitting comments. 13.500 [Amended] • Agency Web Site: http:// I 2. Amend Section 13.500 in paragraph www.acqnet.gov/far/ProposedRules/ proposed.htm. Click on the FAR case (d) by removing ‘‘January 1, 2006’’ and by adding ‘‘January 1, 2008’’ in its place. number to submit comments. • E-mail: farcase.2004–036@gsa.gov. [FR Doc. 05–4086 Filed 3–8–05; 8:45 am] Include FAC 2005–01, FAR case 2004– BILLING CODE 6820–EP–S 036 in the subject line of the message. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\09MRR2.SGM 09MRR2

Agencies

[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11739-11740]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4085]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 6

[FAC 2005-01; FAR Case 2004-037; Item II]
RIN 9000-AK12


Federal Acquisition Regulation; Increased Justification and 
Approval Threshold for DoD, NASA, and Coast Guard

AGENCIES:  Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION:  Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on an interim 
rule amending the Federal Acquisition Regulation (FAR) to increase the 
justification and approval thresholds for DoD, NASA, and the U.S. Coast 
Guard, as a result of Section 815 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005, Public Law 108-375, 
which amends 10 U.S.C. 2304(f)(1)(B) by striking $50,000,000 both 
places it appears and inserting $75,000,000 in its place. In addition, 
the FAR is amended by replacing the outdated reference to ``grade GS-
16'' with ``a grade above GS-15.''

DATES: Effective Date: March 9, 2005.
    Comment Date: Interested parties should submit comments to the FAR 
Secretariat at the address shown below on or before May 9, 2005 to be 
considered in the formulation of a final rule.

ADDRESSES:  Submit comments identified by FAC 2005-01, FAR case 2004-
037, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case number to submit comments.
     E-mail: farcase.2004-037@gsa.gov. Include FAC 2005-01, FAR 
case 2004-037, in the subject line of the message.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-01, FAR 
case 2004-037, in all correspondence related to this case. All comments 
received will be posted without change to http://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT:  The FAR Secretariat at (202) 501-
4755, for information pertaining to status or publication schedules. 
For clarification of content, contact Mr. Michael Jackson, Procurement 
Analyst, at (202) 208-4949. Please cite FAC 2005-01, FAR case 2004-037.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements Section 815 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005, Public Law 
108-375,which amends 10 U.S.C. 2304(f)(1)(B) by striking $50,000,000 
both places it appears and inserting $75,000,000.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The interim rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act,5 U.S.C. 601, et seq., because the rule 
does not impose any costs on either small or large businesses. 
Therefore, an Initial Regulatory Flexibility Analysis has not been 
performed. The Councils will consider comments from small entities 
concerning the affected FAR Part 6 in accordance with 5 U.S.C. 610. 
Interested parties must submit such comments separately and should cite 
5 U.S.C 601, et seq. (FAC 2005-01, FAR case 2004-037), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because this rule implements Section 815 of Public Law 
108-375, which was effective upon enactment (October 28, 2004). 
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will 
consider public comments received in response to this interim rule in 
the formation of the final rule.

List of Subjects in 48 CFR Part 6

    Government procurement.

    Dated: February 24, 2005
Rodney P. Lantier,
Director,Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 6 as set forth below:

PART 6--COMPETITION REQUIREMENTS

0
1. The authority citation for 48 CFR part 6 is revised to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and42 
U.S.C. 2473(c).
0
2. Amend section 6.304 by revising the introductory text of paragraph 
(a)(3), paragraph (a)(3)(ii), and the first sentence of paragraph 
(a)(4) to read as follows:


6.304  Approval of the justification.

    (a) * * *
    (3) For a proposed contract over $10,000,000, but not exceeding 
$50,000,000, or, for DoD, NASA, and the Coast Guard, not exceeding 
$75,000,000, by the head of the procuring activity, or a designee who--
* * * * *
    (ii) If a civilian, is serving in a position in a grade above GS-15 
under the General Schedule (or in a comparable or higher position under 
another schedule).

[[Page 11740]]

    (4) For a proposed contract over $50,000,000 or, for DoD, NASA, and 
the Coast Guard, over $75,000,000, by the senior procurement executive 
of the agency designatedpursuant to the OFPP Act (41 U.S.C. 414(3)) in 
accordance with agency procedures. * * *
* * * * *
[FR Doc. 05-4085 Filed 3-8-05; 8:45 am]
BILLING CODE 6820-EP-S