Federal Acquisition Regulation; Increased Justification and Approval Threshold for DoD, NASA, and Coast Guard, 11739-11740 [05-4085]
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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replacing the outdated reference to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.
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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: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• Agency Web Site: https://
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 https://
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
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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
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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: https://
chapter 137; and 42 U.S.C. 2473(c).
www.regulations.gov. Follow the
instructions for submitting comments.
13.500 [Amended]
• Agency Web Site: https://
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]
-----------------------------------------------------------------------
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: https://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: https://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 https://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
