Federal Acquisition Regulation; Small Entity Compliance Guide, 43586-43587 [05-14672]
Download as PDF
<![CDATA[
43586
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
imprisonment, or both, under 18 U.S.C.
641.
(End of clause)
52.245–10
[Amended]
Building, Washington, DC, 20405, (202)
501–4755, for information pertaining to
status or publication schedules. Please
cite FAC 2005–05, Technical
Amendment.
6. Amend section 52.245–10 in the
List of Subjects in 48 CFR Part 4
introductory paragraph by removing
Government procurement.
‘‘45.302–6(d)’’ and adding ‘‘45.302–6(c)’’
Dated: July 20, 2005.
in its place.
I
52.245–11
[Amended]
7. Amend section 52.245–11 in the
introductory paragraph by removing
‘‘45.302–6(e)(1)’’ and adding ‘‘45.302–
6(d)(1)’’ in its place.
I
[FR Doc. 05–14670 Filed 7–26–05; 8:45 am]
BILLING CODE 6820–EP–S
Julia B. Wise,
Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 4 as set forth below:
I
PART 4—ADMINISTRATIVE MATTERS
1. The authority citation for 48 CFR
part 4 is revised to read as follows:
I
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
DEPARTMENT OF DEFENSE
4.1102
GENERAL SERVICES
ADMINISTRATION
[Amended]
2. Amend section 4.1102 by removing
from paragraph (c)(1)(ii) ‘‘52.204–
7(g)(1)(i)(3)’’ and adding ‘‘52.204–
7(g)(1)(i)(C)’’ in its place.
I
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
ACTION:
Small Entity Compliance Guide.
SUMMARY: This document is issued
under the joint authority of the
Secretary of Defense, the Administrator
of General Services and the
Administrator for the National
Aeronautics and Space Administration.
This Small Entity Compliance Guide has
been prepared in accordance with
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996. It consists of a summary of rules
appearing in Federal Acquisition
Circular (FAC) 2005–05 which amend
the FAR. An asterisk (*) next to a rule
indicates that a regulatory flexibility
analysis has been prepared. Interested
parties may obtain further information
regarding these rules by referring to FAC
2005–05 which precedes this document.
These documents are also available via
the Internet at https://www.acqnet.gov/
far.
[FR Doc. 05–14671 Filed 7–26–05; 8:45 am]
FOR FURTHER INFORMATION CONTACT
BILLING CODE 6820–EP–S
48 CFR Part 4
Laurieann Duarte, FAR Secretariat, (202)
501–4755. For clarification of content,
contact the analyst whose name appears
in the table below.
[FAC 2005–05; Item VI]
DEPARTMENT OF DEFENSE
Federal Acquisition Regulation;
Technical Amendment
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
This document makes an
amendment to the Federal Acquisition
Regulation (FAR) in order to make an
editorial correction.
DATES: Effective Date: July 27, 2005.
FOR FURTHER INFORMATION CONTACT: The
FAR Secretariat, Room 4035, GS
SUMMARY:
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Regulation; Small
Entity Compliance Guide
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
LIST OF RULES IN FAC 2005–05
Item
Subject
I ............
II ...........
III ..........
*IV ........
V ...........
VI ..........
Definition of Information Technology (Interim) ....................................................................................
Documentation Requirement for Limited Sources under Federal Supply Schedules ........................
Payment Withholding ...........................................................................................................................
Confirmation of HUBZone Certification (Interim) ................................................................................
Government Property Rental and Special Tooling .............................................................................
Technical Amendment.
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments to these FAR cases, refer to
the specific item number and subject set
forth in the documents following these
item summaries.
FAC 2005–05 amends the FAR as
specified below:
VerDate jul<14>2003
18:07 Jul 26, 2005
Jkt 205001
FAR case
Item I—Definition of Information
Technology(FAR Case 2004–030)
This interim rule amends FAR
2.101(b) to revise the definition of
‘‘information technology’’ to reflect the
recent changes to the definition
resulting from the enactment of Public
Law 108–199.
The new language at Section 535(b) of
Division F of Public law 108–199
PO 00000
Frm 00012
Fmt 4701
Sfmt 4700
2004–030
2005–004
2004–003
2005–009
2002–015
Analyst
Davis.
Nelson.
Olson.
Cundiff.
Parnell.
permanently revises the term
‘‘information technology,’’ which is
defined at 40 U.S.C. 11101, to add
‘‘analysis’’ and ‘‘evaluation’’ and to
clarify the term ‘‘ancillary equipment.’’
This permanent change to the
terminology necessitated this interim
rule to amend the FAR.
E:\FR\FM\27JYR3.SGM
27JYR3
Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations
Item II—Documentation Requirement
for Limited Sources under Federal
Supply Schedules (FAR Case 2005–004)
On June 18, 2004, DoD, GSA, and
NASA published FAR case 1999–603
(69 FR 34231) amending the FAR to
incorporate ordering procedures for
orders against Federal Supply
Schedules (FSS), including the
documentation requirements for
justifying sole source orders. The rule
inadvertently established these
justification and approval requirements
for sole source orders instead of when
an ordering activity restricts
consideration of schedule contractors to
less than the required number. This rule
corrects that oversight. The final rule
also based the content of the
documentation requirements on that in
FAR 6.303–2. By doing so, the rule
established some unintentional and
inapplicable content requirements,
especially for orders under the
simplified acquisition threshold (SAT).
This rule corrects those unintended
changes by establishing the standard for
justifying restricted orders under the
SAT and accurately specifying the
justification content for restricted orders
above the SAT. The rule will clarify the
procedures for ordering activities.
VerDate jul<14>2003
18:07 Jul 26, 2005
Jkt 205001
Item III—Payment Withholding (FAR
Case 2004–003)
Contracting officers and contracting
officer’s representatives who award or
administer Time-and-Materials or
Labor-Hour contracts or orders should
be familiar with this amendment. Also,
contractor personnel who are
responsible for managing invoicing for
those types of contracts should be aware
of this new requirement. The
amendment removes the mandatory
requirement that a contracting officer
withhold 5 percent of the payments due
under a time-and-materials contract,
unless it is necessary to withhold
payment to protect the Government’s
interest or otherwise prescribed in the
contract Schedule. It requires the use of
a contract modification in order to make
payment withholding and, in the event
withholding is required, the contractor
is responsible to withhold the amounts
from its billings.
Item IV—Confirmation of HUBZone
Certification(FAR Case 2005–009)
This interim rule amends FAR 19.703
and the clause at 52.219–9 to clarify that
prime contractors must confirm that a
subcontractor representing itself as a
Historically Underutilized Business
Zone (HUBZone) small business
PO 00000
Frm 00013
Fmt 4701
Sfmt 4700
43587
concern is certified, consistent with the
requirements of 15 U.S.C. 632 et seq., as
amended. This change is expected to
increase subcontracting opportunities
for certified HUBZone small business
concerns and ensure accurate reporting
of awards to HUBZone small business
concerns under Government contracts.
Item V—Government Property Rental
and Special Tooling(FAR Case 2002–
015)
This final rule amends FAR Parts 45
and 52 to clarify the basis for
determining rental charges for the use of
Government property. The change,
which is intended to promote the dual
use of such property, will impact
contracting officers and property
administrators responsible for the
management of Government property
and contractors that desire to use
Government property for commercial
purposes.
Item VI—Technical Amendment
An editorial change is made at FAR
4.1102 in order to update a reference.
Dated: July 20, 2005.
Julia B. Wise,
Director, Contract Policy Division.
[FR Doc. 05–14672 Filed 7–26–05; 8:45 am]
BILLING CODE 6820–EP–S
E:\FR\FM\27JYR3.SGM
27JYR3
]]>Agencies
[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43586-43587]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14672]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Regulation; Small Entity Compliance Guide
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
Administrator for the National Aeronautics and Space Administration.
This Small Entity Compliance Guide has been prepared in accordance with
Section 212 of the Small Business Regulatory Enforcement Fairness Act
of 1996. It consists of a summary of rules appearing in Federal
Acquisition Circular (FAC) 2005-05 which amend the FAR. An asterisk (*)
next to a rule indicates that a regulatory flexibility analysis has
been prepared. Interested parties may obtain further information
regarding these rules by referring to FAC 2005-05 which precedes this
document. These documents are also available via the Internet at http:/
/www.acqnet.gov/far.
FOR FURTHER INFORMATION CONTACT Laurieann Duarte, FAR Secretariat,
(202) 501-4755. For clarification of content, contact the analyst whose
name appears in the table below.
List of Rules in FAC 2005-05
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I.............. Definition of Information Technology 2004-030 Davis.
(Interim).
II............. Documentation Requirement for Limited Sources 2005-004 Nelson.
under Federal Supply Schedules.
III............ Payment Withholding.......................... 2004-003 Olson.
*IV............ Confirmation of HUBZone Certification 2005-009 Cundiff.
(Interim).
V.............. Government Property Rental and Special 2002-015 Parnell.
Tooling.
VI............. Technical Amendment..........................
----------------------------------------------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments to these FAR cases, refer to the
specific item number and subject set forth in the documents following
these item summaries.
FAC 2005-05 amends the FAR as specified below:
Item I--Definition of Information Technology(FAR Case 2004-030)
This interim rule amends FAR 2.101(b) to revise the definition of
``information technology'' to reflect the recent changes to the
definition resulting from the enactment of Public Law 108-199.
The new language at Section 535(b) of Division F of Public law 108-
199 permanently revises the term ``information technology,'' which is
defined at 40 U.S.C. 11101, to add ``analysis'' and ``evaluation'' and
to clarify the term ``ancillary equipment.'' This permanent change to
the terminology necessitated this interim rule to amend the FAR.
[[Page 43587]]
Item II--Documentation Requirement for Limited Sources under Federal
Supply Schedules (FAR Case 2005-004)
On June 18, 2004, DoD, GSA, and NASA published FAR case 1999-603
(69 FR 34231) amending the FAR to incorporate ordering procedures for
orders against Federal Supply Schedules (FSS), including the
documentation requirements for justifying sole source orders. The rule
inadvertently established these justification and approval requirements
for sole source orders instead of when an ordering activity restricts
consideration of schedule contractors to less than the required number.
This rule corrects that oversight. The final rule also based the
content of the documentation requirements on that in FAR 6.303-2. By
doing so, the rule established some unintentional and inapplicable
content requirements, especially for orders under the simplified
acquisition threshold (SAT). This rule corrects those unintended
changes by establishing the standard for justifying restricted orders
under the SAT and accurately specifying the justification content for
restricted orders above the SAT. The rule will clarify the procedures
for ordering activities.
Item III--Payment Withholding (FAR Case 2004-003)
Contracting officers and contracting officer's representatives who
award or administer Time-and-Materials or Labor-Hour contracts or
orders should be familiar with this amendment. Also, contractor
personnel who are responsible for managing invoicing for those types of
contracts should be aware of this new requirement. The amendment
removes the mandatory requirement that a contracting officer withhold 5
percent of the payments due under a time-and-materials contract, unless
it is necessary to withhold payment to protect the Government's
interest or otherwise prescribed in the contract Schedule. It requires
the use of a contract modification in order to make payment withholding
and, in the event withholding is required, the contractor is
responsible to withhold the amounts from its billings.
Item IV--Confirmation of HUBZone Certification(FAR Case 2005-009)
This interim rule amends FAR 19.703 and the clause at 52.219-9 to
clarify that prime contractors must confirm that a subcontractor
representing itself as a Historically Underutilized Business Zone
(HUBZone) small business concern is certified, consistent with the
requirements of 15 U.S.C. 632 et seq., as amended. This change is
expected to increase subcontracting opportunities for certified HUBZone
small business concerns and ensure accurate reporting of awards to
HUBZone small business concerns under Government contracts.
Item V--Government Property Rental and Special Tooling(FAR Case 2002-
015)
This final rule amends FAR Parts 45 and 52 to clarify the basis for
determining rental charges for the use of Government property. The
change, which is intended to promote the dual use of such property,
will impact contracting officers and property administrators
responsible for the management of Government property and contractors
that desire to use Government property for commercial purposes.
Item VI--Technical Amendment
An editorial change is made at FAR 4.1102 in order to update a
reference.
Dated: July 20, 2005.
Julia B. Wise,
Director, Contract Policy Division.
[FR Doc. 05-14672 Filed 7-26-05; 8:45 am]
BILLING CODE 6820-EP-S
