Federal Acquisition Regulation; Title 40 of United States Code Reference Corrections, 57453-57455 [05-19470]

Download as PDF Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations Response: The Councils clarify that the Brooks Act was recently re-codified by Congress and is now identified under 40 U.S.C. 1101 et seq. and the definition of architect-engineer services is defined under 40 U.S.C. 1102. 2. Support interim rule but it does not go far enough. Recommend changes in the definition. Comment: One commenter requested that in each place where the term ‘‘architect-engineer’’ is used in the rule, it be replaced with the term ‘‘architectural and engineering (including surveying and mapping) services.’’ Another commenter requested that all mapping and surveying be subjected to qualification based selection in conformance with the Brooks Act. Response: The Councils considered these recommendations to be beyond the scope of the rule. In addition, the Councils have already addressed the issue of the procurement of mapping services in FAR case 2004–023, published in the Federal Register at 70 FR 20329, April 19, 2005. 3. Address how GSA plans to prevent violation when Agencies use the GSA Multiple Award Schedule (MAS) program. Comment: Four commenters indicated that they have concerns with the proper use of the MAS program and asked that GSA indicate how it plans to eliminate the violations. Response: GSA has indicated to the Councils that it supports the use of the qualifications based selection (QBS) process for the procurement of A/E services for public projects as mandated by the Brooks Architect-Engineer Act of 1972 (Public Law 92–582, 40 U.S.C. 1102 et seq.), and it does not condone any violation of the Brooks Act. To ensure that the ordering agencies are fully aware of the statutory requirement, GSA has indicated that it has taken various steps to state that the GSA MAS Program may not be used to acquire services that are subject to the procedures of FAR Subpart 36.6. These steps include adding information to the online and classroom training, refining the scope of MAS contracts, adding a notice to GSA portal and MAS brochures, adding new FAQ’s on the website, and conducting a customer compliance survey. GSA also plans on conducting reviews of task orders for scope compliance and A/E services will be part of the reviews. 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 VerDate Aug<31>2005 17:16 Sep 29, 2005 Jkt 205001 rule is not a major rule under 5 U.S.C. 804. B. Regulatory Flexibility Act The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not 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 this rule only clarifies an already existing requirement that architectural and engineering services be procured using the procedures at FAR Subpart 36.6. 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. List of Subjects in 48 CFR Parts 2, 8, 16, and 36 Government procurement. Dated: September 22, 2005. Julia B. Wise, Director, Contract Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 2, 8, 16, and 36, which was published at 70 FR 11737, March 9, 2005, is adopted as a final rule without change. I [FR Doc. 05–19469 Filed 9–29–05; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 [FAC 2005–06; FAR Case 2005–010; Item III] RIN 9000–AK27 Federal Acquisition Regulation; Title 40 of United States Code Reference Corrections AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 57453 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 reflect the most recent codification of Title 40 of the United States Code. DATES: Effective Date: September 30, 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. Gerald Zaffos, Procurement Analyst, at (202) 208– 6091. Please cite FAC 2005–06, FAR case 2005–010. SUPPLEMENTARY INFORMATION: A. Background Congress recently codified Title 40 of the United States Code. As a result, all sections of Title 40 were renumbered. This rule corrects the references to Title 40 in the FAR. 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 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 Law 98–577, and publication for public comments is not required. However, the Councils will consider comments from small entities concerning the affected FAR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 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 2005–06, FAR case 2005–010), 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. List of Subjects in 48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 Government procurement. E:\FR\FM\30SER4.SGM 30SER4 57454 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations Dated: September 22, 2005. Julia B. Wise, Director, Contract Policy Division. U.S.C. 541 et seq.)’’ and adding ‘‘40 U.S.C. 1102 et seq.’’ in its place. Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 as set forth below: I 1. The authority citation for 48 CFR parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 continues 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). PART 2—DEFINITIONS OF WORDS AND TERMS 2. Amend section 2.101 in paragraph (b) by revising paragraph (1) and the first sentence of paragraph (2) of the definition ‘‘Governmentwide acquisition contract (GWAC)’’, and the second sentence of the definition ‘‘Multi-agency contract (MAC)’’ to read as follows: * * * * (b) * * * Governmentwide acquisition contract (GWAC) * * * (1) By an executive agent designated by the Office of Management and Budget pursuant to 40 U.S.C. 11302(e); or (2) Under a delegation of procurement authority issued by the General Services Administration (GSA) prior to August 7, 1996, under authority granted GSA by former section 40 U.S.C. 759, repealed by Pub. L. 104–106. * * * * * * * * Multi-agency contract (MAC) * * * Multi-agency contracts include contracts for information technology established pursuant to 40 U.S.C. 11314(a)(2). * * * * * PART 4—ADMINISTRATIVE MATTERS 3. Amend section 4.702 by revising the second sentence in paragraph (b) to read as follows: I Applicability. * * * * * (b) * * * Apart from this exception, this subpart applies to record retention periods under contracts that are subject to Chapter 137, Title 10, U.S.C., or 40 U.S.C. 101, et seq. [Amended] 4. Amend section 6.102 in paragraph (d)(1) by removing ‘‘Pub. L. 92–582 (40 17:16 Sep 29, 2005 [Amended] 6. Amend section 7.105 in paragraph (b)(4)(ii)(A) by removing ‘‘40 U.S.C. 1422’’ and adding ‘‘40 U.S.C. 11312’’ in its place. I 8.001 [Amended] 7. Amend section 8.001 by removing ‘‘40 U.S.C. 1422’’ and adding ‘‘40 U.S.C. 11312’’ in its place. I PART 12—ACQUISITION OF COMMERCIAL ITEMS [Amended] 8. Amend section 12.503 in paragraph (b)(1) by removing ‘‘40 U.S.C. 327’’ and adding ‘‘40 U.S.C. 3701’’ in its place. I 12.504 [Amended] 9. Amend section 12.504 in paragraph (b) by removing ‘‘40 U.S.C. 327, et seq.,’’ and adding ‘‘40 U.S.C. 3701 et seq.,’’ in its place. I PART 13—SIMPLIFIED ACQUISITION PROCEDURES 13.005 [Amended] 10. Amend section 13.005 by— a. Removing from paragraph (a)(2) ‘‘40 U.S.C. 270a’’ and adding ‘‘40 U.S.C. 3131’’ in its place; and b. Removing from paragraph (a)(3) ‘‘40 U.S.C. 327–333’’ and adding ‘‘40 U.S.C. 3701 et seq.’’ in its place. I PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.300 [Amended] 11. Amend section 22.300 by removing ‘‘(40 U.S.C. 327–333)’’ and adding ‘‘(40 U.S.C. 3701 et seq.)’’ in its place. I 22.403—3 [Amended] 15. Amend section 22.403–3 by removing ‘‘(40 U.S.C. 327–333)’’ and adding ‘‘(40 U.S.C. 3701 et seq.)’’ in its place. I PART 28—BONDS AND INSURANCE 28.102—1 [Amended] 16. Amend section 28.102–1 by— a. Removing from the introductory text of paragraph (a) ‘‘(40 U.S.C. 270a– 270f)’’ and adding ‘‘(40 U.S.C. 3131 et seq.)’’ in its place; and b. Removing from the introductory text of paragraph (b)(1) ‘‘Section 4104(b)(2) of the Federal Acquisition Streamlining Act of 1994 (Public Law 103–355),’’ and adding ‘‘40 U.S.C. 3132,’’ in its place. I 28.106—6 [Amended] 17. Amend section 28.106–6 at the end of paragraph (c) by removing ‘‘(see 40 U.S.C. 270(c))’’ and adding ‘‘(see 40 U.S.C. 3133)’’ in its place. I PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 36.104 [Amended] 18. Amend section 36.104 by removing from the first sentence ‘‘(40 U.S.C. 541, et seq.)’’ and adding ‘‘(40 U.S.C. 1101 et seq.)’’ in its place. I 19. Amend section 36.601–1 by revising the parenthetical sentence at the end of the paragraph to read as follows: I 36.601–1 Public announcement. * * * (See 40 U.S.C. 1101 et seq. PART 37—SERVICE CONTRACTING 37.102 [Amended] 20. Amend section 37.102 in paragraph (a)(1)(i) by removing ‘‘40 U.S.C. 541–544’’ and adding ‘‘40 U.S.C. 1101 et seq.’’ in its place. I 37.202 [Amended] 12. Amend section 22.304 in paragraph (a) by removing ‘‘40 U.S.C. 331’’ and adding ‘‘40 U.S.C. 3706’’ in its place. 21. Amend section 37.202 in paragraph (b) by removing ‘‘(Section 901 of the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 541).’’ and adding ‘‘(40 U.S.C. 1102).’’ in its place. 37.301 22.304 [Amended] I [Amended] 13. Amend section 22.403–1 by removing ‘‘(40 U.S.C. 276a–276a–7)’’ and adding ‘‘(40 U.S.C. 3141 et seq.)’’ in its place. I I VerDate Aug<31>2005 7.105 [Amended] 14. Amend section 22.403–2 by removing from the first sentence ‘‘40 U.S.C. 276c’’ and adding ‘‘40 U.S.C. 3145’’ in its place. I 22.403–1 PART 6—COMPETITION REQUIREMENTS 6.102 [Amended] 5. Amend section 7.103 in paragraph (t) by removing ‘‘40 U.S.C. 1422’’ and adding ‘‘40 U.S.C. 11312’’ in its place. I 12.503 Definitions. * 4.702 7.103 PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES I 2.101 PART 7—ACQUISITION PLANNING 22.403—2 Jkt 205001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 I [Amended] 22. Amend section 37.301 in the first sentence by removing ‘‘(40 U.S.C. 276a– 276a–7)’’ and adding ‘‘(40 U.S.C. 3141 et seq.)’’ in its place. I E:\FR\FM\30SER4.SGM 30SER4 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 37.302 [Amended] adding ‘‘the Miller Act (40 U.S.C. 3133),’’ in its place. 23. Amend section 37.302 in the introductory text by removing ‘‘(40 U.S.C. 270a–270f)’’ and adding ‘‘(40 U.S.C. 3131 et seq.)’’ in its place. I [FR Doc. 05–19470 Filed 9–29–05; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE PART 39—ACQUISTION OF INFORMATION TECHNOLOGY 39.001 GENERAL SERVICES ADMINISTRATION [Amended] 24. Amend section 39.001 in the second sentence by removing ‘‘40 U.S.C. 1412’’ and adding ‘‘40 U.S.C. 11302’’ in its place. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PART 41—ACQUISTION OF UTILITY SERVICES [FAC 2005–06; FAR Case 1989–093; Item IV] 41.103 RIN 9000–AD76 I [Amended] 25. Amend section 41.103 by— a. Removing from paragraph (a)(1) in the first sentence ‘‘section 201 of the Federal Property and Administrative Services Act of 1949, as amended (40 U.S.C. 481),’’ and from the third sentence ‘‘section 201 of the Act’’ and adding ‘‘40 U.S.C. 501’’ in both places; and b. Removing from paragraph (a)(2) ‘‘40 U.S.C. 474(d)(3)’’ and adding ‘‘40 U.S.C. 113(e)(3)’’ in its place. I PART 47—TRANSPORTATION 47.102 [Amended] 26. Amend section 47.102 in paragraph (a)(2) by removing ‘‘(40 U.S.C. 726)’’ and adding ‘‘(40 U.S.C. 17307)’’ in its place. I PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 52.212–4 [Amended] 27. Amend section 52.212–4 by— a. Revising the date of the clause to read ‘‘(SEP 2005)’’; and b. Removing from paragraph (r) of the clause ‘‘40 U.S.C. 327’’ and adding ‘‘40 U.S.C. 3701’’ in its place. I 52.228–15 [Amended] 28. Amend section 52.228–15 by— a. Revising the date of the clause to read ‘‘(SEP 2005)’’; and b. Removing from the heading of paragraph (e) of the clause ‘‘(40 U.S.C. 270b(c)’’; and adding ‘‘(40 U.S.C. 3133(c))’’ in its place. I 52.232–27 [Amended] 29. Amend section 52.232–27 by— a. Revising the date of the clause to read ‘‘(SEP 2005)’’; and b. Removing from the introductory text of paragraph (f)(1) of the clause ‘‘section 2 of the Act of August 24, 1935 (40 U.S.C. 270b, Miller Act),’’ and I VerDate Aug<31>2005 17:16 Sep 29, 2005 Jkt 205001 48 CFR Parts 3 and 52 Federal Acquisition Regulation; Implementation of the Anti-Lobbying Statute AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. SUMMARY: The Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA) have agreed to convert the interim rule published in the Federal Register at 55 FR 3190, January 30, 1990, to a final rule with several minor changes. The interim rule amended the Federal Acquisition Regulation (FAR) to implement section 319 of the Department of the Interior and Related Agencies Appropriations Act, Public Law 101–121, which added a new section 1352 to title 31 U.S.C. entitled ‘‘Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions.’’ Section 319 generally prohibits recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, or loan. Section 319 also requires that each person who requests or receives a Federal contract, grant, or cooperative agreement in excess of $100,000, or a loan, or Federal commitment to insure or guarantee a loan, in excess of $150,000 must disclose lobbying with other than appropriated funds. DATES: Effective Date: September 30, 2005. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755 for information pertaining to status or publication schedules. For clarification PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 57455 of content, contact Mr. Ernest Woodson, Procurement Analyst, at (202) 501– 3775. Please cite FAC 2005–06, FAR case 1989–093. SUPPLEMENTARY INFORMATION: A. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 55 FR 3190, January 30, 1990. The interim rule amended the Federal Acquisition Regulation to implement Section 319 of the Department of the Interior and Related Agencies Appropriations Act, Public Law 101– 121, which added a new section 1352 to title 31 U.S.C. entitled ‘‘Limitation on use of appropriated funds to influence certain Federal contracting and financial transactions.’’ Section 319 prohibits the recipients of Federal contracts, grants, loans and cooperative agreements from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant, loan or cooperative agreement. It also requires that each person who requests or receives a Federal contract, grant, or cooperative agreement, in excess of $100,000, or a loan, or Federal commitment to insure or guarantee a loan, in excess of $150,000, must disclose lobbying with other than appropriated funds. Section 1352 required the Office of Management and Budget (OMB) to issue guidance for agency implementation of, and compliance with, its requirements, which OMB published on December 20, 1989 (54 FR 52306). After the interim FAR rule was published in the Federal Register at 55 FR 3190, January 30, 1990, OMB published a clarification notice to their earlier guidance on June 15, 1990 (55 FR 24540). After consideration of the public comments that were received, DoD, GSA, and NASA have agreed to convert the interim rule to a final rule with minor changes as discussed in Section B. 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. Public Comments Ninety-four respondents submitted comments. Twenty of the respondents agreed or disagreed with the interim rule without offering suggested changes. The remaining respondents recommended revisions to clarify definitions and revise terminology; clarify or add to the list of exceptions to E:\FR\FM\30SER4.SGM 30SER4

Agencies

[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57453-57455]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-19470]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 
52

[FAC 2005-06; FAR Case 2005-010; Item III]
RIN 9000-AK27


Federal Acquisition Regulation; Title 40 of United States Code 
Reference Corrections

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

ACTION: Final rule.

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

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 reflect the most 
recent codification of Title 40 of the United States Code.

DATES: Effective Date: September 30, 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. Gerald Zaffos, Procurement 
Analyst, at (202) 208-6091. Please cite FAC 2005-06, FAR case 2005-010.

SUPPLEMENTARY INFORMATION:

A. Background

    Congress recently codified Title 40 of the United States Code. As a 
result, all sections of Title 40 were renumbered. This rule corrects 
the references to Title 40 in the FAR.
    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 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 Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Parts 2, 4, 6, 7, 8, 
12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 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 2005-06, FAR case 2005-010), 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.

List of Subjects in 48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 
37, 39, 41, 47, and 52

    Government procurement.


[[Page 57454]]


    Dated: September 22, 2005.
Julia B. Wise,
Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 6, 7, 8, 12, 13, 
22, 28, 36, 37, 39, 41, 47, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 6, 7, 8, 12, 13, 22, 
28, 36, 37, 39, 41, 47, and 52 continues to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101 in paragraph (b) by revising paragraph (1) and 
the first sentence of paragraph (2) of the definition ``Governmentwide 
acquisition contract (GWAC)'', and the second sentence of the 
definition ``Multi-agency contract (MAC)'' to read as follows:


2.101   Definitions.

* * * * *
    (b) * * *
    Governmentwide acquisition contract (GWAC) * * *
    (1) By an executive agent designated by the Office of Management 
and Budget pursuant to 40 U.S.C. 11302(e); or
    (2) Under a delegation of procurement authority issued by the 
General Services Administration (GSA) prior to August 7, 1996, under 
authority granted GSA by former section 40 U.S.C. 759, repealed by Pub. 
L. 104-106. * * *
* * * * *
    Multi-agency contract (MAC) * * * Multi-agency contracts include 
contracts for information technology established pursuant to 40 U.S.C. 
11314(a)(2).
* * * * *

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.702 by revising the second sentence in paragraph (b) 
to read as follows:


4.702   Applicability.

* * * * *
    (b) * * * Apart from this exception, this subpart applies to record 
retention periods under contracts that are subject to Chapter 137, 
Title 10, U.S.C., or 40 U.S.C. 101, et seq.

PART 6--COMPETITION REQUIREMENTS


6.102   [Amended]

0
4. Amend section 6.102 in paragraph (d)(1) by removing ``Pub. L. 92-582 
(40 U.S.C. 541 et seq.)'' and adding ``40 U.S.C. 1102 et seq.'' in its 
place.

PART 7--ACQUISITION PLANNING


7.103  [Amended]

0
5. Amend section 7.103 in paragraph (t) by removing ``40 U.S.C. 1422'' 
and adding ``40 U.S.C. 11312'' in its place.


7.105  [Amended]

0
6. Amend section 7.105 in paragraph (b)(4)(ii)(A) by removing ``40 
U.S.C. 1422'' and adding ``40 U.S.C. 11312'' in its place.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES


8.001   [Amended]

0
7. Amend section 8.001 by removing ``40 U.S.C. 1422'' and adding ``40 
U.S.C. 11312'' in its place.

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.503   [Amended]

0
8. Amend section 12.503 in paragraph (b)(1) by removing ``40 U.S.C. 
327'' and adding ``40 U.S.C. 3701'' in its place.


12.504   [Amended]

0
9. Amend section 12.504 in paragraph (b) by removing ``40 U.S.C. 327, 
et seq.,'' and adding ``40 U.S.C. 3701 et seq.,'' in its place.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.005   [Amended]

0
10. Amend section 13.005 by--
    a. Removing from paragraph (a)(2) ``40 U.S.C. 270a'' and adding 
``40 U.S.C. 3131'' in its place; and
    b. Removing from paragraph (a)(3) ``40 U.S.C. 327-333'' and adding 
``40 U.S.C. 3701 et seq.'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.300   [Amended]

0
11. Amend section 22.300 by removing ``(40 U.S.C. 327-333)'' and adding 
``(40 U.S.C. 3701 et seq.)'' in its place.


22.304  [Amended]

0
12. Amend section 22.304 in paragraph (a) by removing ``40 U.S.C. 331'' 
and adding ``40 U.S.C. 3706'' in its place.


22.403-1  [Amended]

0
13. Amend section 22.403-1 by removing ``(40 U.S.C. 276a-276a-7)'' and 
adding ``(40 U.S.C. 3141 et seq.)'' in its place.


22.403--2  [Amended]

0
14. Amend section 22.403-2 by removing from the first sentence ``40 
U.S.C. 276c'' and adding ``40 U.S.C. 3145'' in its place.


22.403--3  [Amended]

0
15. Amend section 22.403-3 by removing ``(40 U.S.C. 327-333)'' and 
adding ``(40 U.S.C. 3701 et seq.)'' in its place.

PART 28--BONDS AND INSURANCE


28.102--1  [Amended]

0
16. Amend section 28.102-1 by--
    a. Removing from the introductory text of paragraph (a) ``(40 
U.S.C. 270a-270f)'' and adding ``(40 U.S.C. 3131 et seq.)'' in its 
place; and
    b. Removing from the introductory text of paragraph (b)(1) 
``Section 4104(b)(2) of the Federal Acquisition Streamlining Act of 
1994 (Public Law 103-355),'' and adding ``40 U.S.C. 3132,'' in its 
place.


28.106--6  [Amended]

0
17. Amend section 28.106-6 at the end of paragraph (c) by removing 
``(see 40 U.S.C. 270(c))'' and adding ``(see 40 U.S.C. 3133)'' in its 
place.

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


36.104  [Amended]

0
18. Amend section 36.104 by removing from the first sentence ``(40 
U.S.C. 541, et seq.)'' and adding ``(40 U.S.C. 1101 et seq.)'' in its 
place.
0
19. Amend section 36.601-1 by revising the parenthetical sentence at 
the end of the paragraph to read as follows:


36.601-1  Public announcement.

    * * * (See 40 U.S.C. 1101 et seq.

PART 37--SERVICE CONTRACTING


37.102  [Amended]

0
20. Amend section 37.102 in paragraph (a)(1)(i) by removing ``40 U.S.C. 
541-544'' and adding ``40 U.S.C. 1101 et seq.'' in its place.


37.202  [Amended]

0
21. Amend section 37.202 in paragraph (b) by removing ``(Section 901 of 
the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 
541).'' and adding ``(40 U.S.C. 1102).'' in its place.


37.301  [Amended]

0
22. Amend section 37.301 in the first sentence by removing ``(40 U.S.C. 
276a-276a-7)'' and adding ``(40 U.S.C. 3141 et seq.)'' in its place.

[[Page 57455]]

37.302  [Amended]

0
23. Amend section 37.302 in the introductory text by removing ``(40 
U.S.C. 270a-270f)'' and adding ``(40 U.S.C. 3131 et seq.)'' in its 
place.

PART 39--ACQUISTION OF INFORMATION TECHNOLOGY


39.001  [Amended]

0
24. Amend section 39.001 in the second sentence by removing ``40 U.S.C. 
1412'' and adding ``40 U.S.C. 11302'' in its place.

PART 41--ACQUISTION OF UTILITY SERVICES


41.103  [Amended]

0
25. Amend section 41.103 by--
    a. Removing from paragraph (a)(1) in the first sentence ``section 
201 of the Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 481),'' and from the third sentence ``section 201 of 
the Act'' and adding ``40 U.S.C. 501'' in both places; and
    b. Removing from paragraph (a)(2) ``40 U.S.C. 474(d)(3)'' and 
adding ``40 U.S.C. 113(e)(3)'' in its place.

PART 47--TRANSPORTATION


47.102  [Amended]

0
26. Amend section 47.102 in paragraph (a)(2) by removing ``(40 U.S.C. 
726)'' and adding ``(40 U.S.C. 17307)'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.212-4  [Amended]

0
27. Amend section 52.212-4 by--
    a. Revising the date of the clause to read ``(SEP 2005)''; and
    b. Removing from paragraph (r) of the clause ``40 U.S.C. 327'' and 
adding ``40 U.S.C. 3701'' in its place.


52.228-15  [Amended]

0
28. Amend section 52.228-15 by--
    a. Revising the date of the clause to read ``(SEP 2005)''; and
    b. Removing from the heading of paragraph (e) of the clause ``(40 
U.S.C. 270b(c)''; and adding ``(40 U.S.C. 3133(c))'' in its place.


52.232-27  [Amended]

0
29. Amend section 52.232-27 by--
    a. Revising the date of the clause to read ``(SEP 2005)''; and
    b. Removing from the introductory text of paragraph (f)(1) of the 
clause ``section 2 of the Act of August 24, 1935 (40 U.S.C. 270b, 
Miller Act),'' and adding ``the Miller Act (40 U.S.C. 3133),'' in its 
place.
[FR Doc. 05-19470 Filed 9-29-05; 8:45 am]
BILLING CODE 6820-EP-S
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