Federal Acquisition Regulation; Technical Amendments, 227-228 [05-24557]

Download as PDF Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Gerald Zaffos at (202) 208–6091. The TTY Federal Relay Number for further information is 1–800–877–8973. Please cite FAC 2005–07, FAR case 2005–006. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. SUPPLEMENTARY INFORMATION: A. Background The final rule amends the Federal Acquisition Regulation by modifying the provision at FAR 52.204–8 to include a new paragraph (a) that replicates the same paragraph of the provision at FAR 52.219–1(a). Federal Acquisition Circular (FAC) 2001–026 made effective the use of the provision at FAR 52.204–8 for most procurements. The prescription for its use also directs that the provision at FAR 52.219–1(a) not be included in solicitations, as it is now included in the Online Representations and Certifications Application (ORCA). The FAR provision at 52.219–1(a), when it is included in solicitations, is the place wherein the contracting officer includes the NAICS code and small business size standard applicable to the procurement. There needs to be a similar paragraph available in FAR 52.204–8, the exclusion of which was an oversight in FAC 2001–026. 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 Part 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 2005–07, FAR case 2005– 006), in correspondence. List of Subjects in 48 CFR Part 52 Government procurement. Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth below: PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR part 52 continues to read as follows: ■ rmajette on DSK29S0YB1PROD with RULES6 48 CFR Parts 9, 11, 25, 27, 34, 38, 39, 43, 46, 48, 50, and 52 [FAC 2005–07; Item XI] Federal Acquisition Regulation; Technical Amendments Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2. Amend section 52.204–8 by— a. Revising the date of the provision; ■ b. Redesignating paragraphs (a) and (b) as paragraphs (b) and (c), respectively; ■ c. Adding a new paragraph (a); and ■ d. Removing from newly designated paragraph (b)(1) and the introductory text of paragraph (b)(2) ‘‘paragraph (b)’’ and adding ‘‘paragraph (c)’’ in its place; and removing from newly redesignated (b)(2)(i) and (b)(2)(ii) ‘‘Paragraph (b)’’ and adding ‘‘Paragraph (c)’’ in its place. ■ The revised and added text reads as follows: AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. SUMMARY: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial corrections and updates the Federal Acquisition Regulation’s authority citation. DATES: Effective Date: January 3, 2006. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–07, Technical Amendments. ■ ■ 52.204–8 Annual Representations and Certifications. * * * * * ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006) (a)(1) The North American Industry Classification System (NAICS) code for this acquisition is lllllll [insert NAICS code]. (2) The small business size standard is lllllll [insert size standard]. (3) The small business size standard for a concern which submits an offer in its own name, other than on a construction or service contract, but which proposes to furnish a product which it did not itself manufacture, is 500 employees. * * * * * [FR Doc. 05–24556 Filed 12–30–05; 8:45 am] PO 00000 List of Subjects in 48 CFR Parts 9, 11, 25, 27, 34, 38, 39, 43, 46, 48, 50, and 52 Government procurement. Dated: December 22, 2005. Gerald Zaffos, Director, Contract Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR parts 9, 11, 25, 27, 34, 38, 39, 43, 46, 48, 50, and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 9, 11, 25, 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). 2. The authority citation for 48 CFR parts 27, 34, 38, 39, 43, 46, 48, and 50 is revised 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 9—CONTRACTOR QUALIFICATIONS 3. Amend section 9.203 by revising paragraph (b)(2) to read as follows: ■ 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. Jkt 223001 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION ■ C. Paperwork Reduction Act 16:03 Nov 10, 2010 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION Dated: December 22, 2005. Gerald Zaffos, Director, Contract Policy Division. BILLING CODE 6820–EP–S VerDate Mar<15>2010 227 9.203 QPL’s, QML’s, and QBL’s. * * * * * (b) * * * (2) Department of Defense Acquisition Streamlining and Standardization Frm 00031 Fmt 4701 Sfmt 4700 E:\FR\FM\03JAR2.SGM 03JAR2 228 Federal Register / Vol. 71, No. 1 / Tuesday, January 3, 2006 / Rules and Regulations Information System (ASSIST) at (http:// assist.daps.dla.mil). * * * * * PART 11—DESCRIBING AGENCY NEEDS 4. Amend section 11.102 by revising the third and fourth sentences to read as follows: ■ 11.102 Standardization program. * * * DoD 4120.24–M may be obtained from DoD (see 11.201(d)(2) or 11.201(d)(3)). FIPS PUBS may be obtained from the Government Printing Office (GPO), or the Department of Commerce’s National Technical Information Service (NTIS) (see address in 11.201(d)(4)). ■ 5. Amend section 11.201 by— ■ a. Removing from the first sentence of the introductory text of paragraph (a) ‘‘DoD Index of Specifications and Standards (DoDISS)’’ and adding ‘‘DoD Acquisition Streamlining and Standardization Information System (ASSIST)’’ in its place; ■ b. Removing from the first sentence of paragraph (b) ‘‘DoDISS’’ and adding ‘‘ASSIST’’ in its place; and ■ c. Revising paragraph (d)(2); redesignating paragraph (d)(3) as paragraph (d)(4), and adding a new paragraph (d)(3) to read as follows: 11.201 Identification and availability of specifications. rmajette on DSK29S0YB1PROD with RULES6 * * * * * (d)(1) * * * (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http:// assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http:// assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by— (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/ wizard); (ii) Phoning the DoDSSP Customer Service Desk, (215) 697–2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111–5094, Telephone (215) 697–2667/2179, Facsimile (215) 697–1462. * * * * * ■ 6. Amend section 11.204 by revising paragraph (b) to read as follows: VerDate Mar<15>2010 16:03 Nov 10, 2010 Jkt 223001 11.204 Solicitation provisions and contract clauses. * * * * * (b) The contracting officer shall insert the provision at 52.211–2, Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST), in solicitations that cite specifications listed in the ASSIST that are not furnished with the solicitation. * * * * * PART 25—FOREIGN ACQUISITION 25.1101 [Amended] 7. Amend section 25.1101 in the second sentence of paragraph (e)(2) by removing ‘‘paragraphs (b)(1) and (i)(2)’’ and adding ‘‘paragraphs (c)(1) and (j)(2)’’ in its place. ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 8. Revise section 52.211–2 to read as follows: ■ 52.211–2 Availability of Specifications, Standards, and Data Item Descriptions Listed in the Acquisition Streamlining and Standardization Information System (ASSIST). As prescribed in 11.204(b), insert the following provision: AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION SYSTEM (ASSIST) (JAN 2006) (a) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (1) ASSIST (http:// assist.daps.dla.mil); (2) Quick Search (http:// assist.daps.dla.mil/quicksearch); (3) ASSISTdocs.com (http:// assistdocs.com). (b) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by— (1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/ wizard); (2) Phoning the DoDSSP Customer Service Desk (215) 697–2179, Mon-Fri, 0730 to 1600 EST; or (3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111–5094, Telephone (215) 697–2667/2179, Facsimile (215) 697–1462. PO 00000 Frm 00032 Fmt 4701 Sfmt 4700 (End of provision) 9. Amend section 52.212–1 by revising the date and paragraph (i)(2) of the provision; redesignating paragraph (i)(3) as paragraph (i)(4); and adding a new paragraph (i)(3) to read as follows: ■ 52.212–1 Instructions to Offerors— Commercial Items. * * * * * INSTRUCTIONS TO OFFERORS— COMMERCIAL ITEMS (JAN 2006) * * * * * (i) * * * (2) Most unclassified Defense specifications and standards may be downloaded from the following ASSIST websites: (i) ASSIST (http://assist.daps.dla.mil). (ii) Quick Search (http:// assist.daps.dla.mil/quicksearch). (iii) ASSISTdocs.com (http:// assistdocs.com). (3) Documents not available from ASSIST may be ordered from the Department of Defense Single Stock Point (DoDSSP) by— (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/ wizard); (ii) Phoning the DoDSSP Customer Service Desk (215) 697–2179, Mon-Fri, 0730 to 1600 EST; or (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins Avenue, Philadelphia, PA 19111–5094, Telephone (215) 697–2667/2179, Facsimile (215) 697–1462. * * * * * [FR Doc. 05–24557 Filed 12–30–05; 8:45 am] BILLING CODE 6820–EP–S 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 E:\FR\FM\03JAR2.SGM 03JAR2

Agencies

[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 227-228]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-24557]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 9, 11, 25, 27, 34, 38, 39, 43, 46, 48, 50, and 52

[FAC 2005-07; Item XI]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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

SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make editorial corrections and updates the 
Federal Acquisition Regulation's authority citation.

DATES:  Effective Date: January 3, 2006.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. Please cite FAC 2005-07, 
Technical Amendments.

List of Subjects in 48 CFR Parts 9, 11, 25, 27, 34, 38, 39, 43, 46, 
48, 50, and 52

    Government procurement.

    Dated: December 22, 2005.
Gerald Zaffos,
Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 9, 11, 25, 27, 34, 38, 
39, 43, 46, 48, 50, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 9, 11, 25, 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).

0
2. The authority citation for 48 CFR parts 27, 34, 38, 39, 43, 46, 48, 
and 50 is revised 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 9--CONTRACTOR QUALIFICATIONS

0
3. Amend section 9.203 by revising paragraph (b)(2) to read as follows:


9.203  QPL's, QML's, and QBL's.

* * * * *
    (b) * * *
    (2) Department of Defense Acquisition Streamlining and 
Standardization

[[Page 228]]

Information System (ASSIST) at (http://assist.daps.dla.mil).
* * * * *

PART 11--DESCRIBING AGENCY NEEDS

0
4. Amend section 11.102 by revising the third and fourth sentences to 
read as follows:


11.102  Standardization program.

    * * * DoD 4120.24-M may be obtained from DoD (see 11.201(d)(2) or 
11.201(d)(3)). FIPS PUBS may be obtained from the Government Printing 
Office (GPO), or the Department of Commerce's National Technical 
Information Service (NTIS) (see address in 11.201(d)(4)).
0
5. Amend section 11.201 by--
0
a. Removing from the first sentence of the introductory text of 
paragraph (a) ``DoD Index of Specifications and Standards (DoDISS)'' 
and adding ``DoD Acquisition Streamlining and Standardization 
Information System (ASSIST)'' in its place;
0
b. Removing from the first sentence of paragraph (b) ``DoDISS'' and 
adding ``ASSIST'' in its place; and
0
c. Revising paragraph (d)(2); redesignating paragraph (d)(3) as 
paragraph (d)(4), and adding a new paragraph (d)(3) to read as follows:


11.201  Identification and availability of specifications.

* * * * *
    (d)(1) * * *
    (2) Most unclassified Defense specifications and standards may be 
downloaded from the following ASSIST websites:
    (i) ASSIST (http://assist.daps.dla.mil).
    (ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
    (iii) ASSISTdocs.com (http://assistdocs.com).
    (3) Documents not available from ASSIST may be ordered from the 
Department of Defense Single Stock Point (DoDSSP) by--
    (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);
    (ii) Phoning the DoDSSP Customer Service Desk, (215) 697-2179, Mon-
Fri, 0730 to 1600 EST; or
    (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins 
Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, 
Facsimile (215) 697-1462.
* * * * *
0
6. Amend section 11.204 by revising paragraph (b) to read as follows:


11.204  Solicitation provisions and contract clauses.

* * * * *
    (b) The contracting officer shall insert the provision at 52.211-2, 
Availability of Specifications, Standards, and Data Item Descriptions 
Listed in the Acquisition Streamlining and Standardization Information 
System (ASSIST), in solicitations that cite specifications listed in 
the ASSIST that are not furnished with the solicitation.
* * * * *

PART 25--FOREIGN ACQUISITION


25.1101  [Amended]

0
7. Amend section 25.1101 in the second sentence of paragraph (e)(2) by 
removing ``paragraphs (b)(1) and (i)(2)'' and adding ``paragraphs 
(c)(1) and (j)(2)'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
8. Revise section 52.211-2 to read as follows:


52.211-2  Availability of Specifications, Standards, and Data Item 
Descriptions Listed in the Acquisition Streamlining and Standardization 
Information System (ASSIST).

    As prescribed in 11.204(b), insert the following provision:

AVAILABILITY OF SPECIFICATIONS, STANDARDS, AND DATA ITEM DESCRIPTIONS 
LISTED IN THE ACQUISITION STREAMLINING AND STANDARDIZATION INFORMATION 
SYSTEM (ASSIST) (JAN 2006)

    (a) Most unclassified Defense specifications and standards may be 
downloaded from the following ASSIST websites:
    (1) ASSIST (http://assist.daps.dla.mil);
    (2) Quick Search (http://assist.daps.dla.mil/quicksearch);
    (3) ASSISTdocs.com (http://assistdocs.com).
    (b) Documents not available from ASSIST may be ordered from the 
Department of Defense Single Stock Point (DoDSSP) by--
    (1) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);
    (2) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-
Fri, 0730 to 1600 EST; or
    (3) Ordering from DoDSSP, Building 4, Section D, 700 Robbins 
Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, 
Facsimile (215) 697-1462.
(End of provision)
0
9. Amend section 52.212-1 by revising the date and paragraph (i)(2) of 
the provision; redesignating paragraph (i)(3) as paragraph (i)(4); and 
adding a new paragraph (i)(3) to read as follows:


52.212-1  Instructions to Offerors--Commercial Items.

* * * * *

INSTRUCTIONS TO OFFERORS--COMMERCIAL ITEMS (JAN 2006)

* * * * *
    (i) * * *
    (2) Most unclassified Defense specifications and standards may be 
downloaded from the following ASSIST websites:
    (i) ASSIST (http://assist.daps.dla.mil).
    (ii) Quick Search (http://assist.daps.dla.mil/quicksearch).
    (iii) ASSISTdocs.com (http://assistdocs.com).
    (3) Documents not available from ASSIST may be ordered from the 
Department of Defense Single Stock Point (DoDSSP) by--
    (i) Using the ASSIST Shopping Wizard (http://assist.daps.dla.mil/wizard);
    (ii) Phoning the DoDSSP Customer Service Desk (215) 697-2179, Mon-
Fri, 0730 to 1600 EST; or
    (iii) Ordering from DoDSSP, Building 4, Section D, 700 Robbins 
Avenue, Philadelphia, PA 19111-5094, Telephone (215) 697-2667/2179, 
Facsimile (215) 697-1462.
* * * * *
[FR Doc. 05-24557 Filed 12-30-05; 8:45 am]
BILLING CODE 6820-EP-S