Federal Acquisition Regulation; Federal Acquisition Circular 2005-09; Introduction, 20294-20295 [06-3677]

Download as PDF 20294 Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations and National Aeronautics and Space Administration (NASA). GENERAL SERVICES ADMINISTRATION via the Internet at http:// www.acqnet.gov/far. Summary presentation of final and interim rules, and technical amendments and corrections. DEPARTMENT OF DEFENSE DATES: ACTION: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005–09. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available SUMMARY: 48 CFR Chapter 1 [Docket FAR–2006–0023] Federal Acquisition Regulation; Federal Acquisition Circular 2005–09; Introduction Department of Defense (DoD), General Services Administration (GSA), AGENCIES: For effective dates and comment dates, see separate documents which follow. For clarification of content, contact the analyst whose name appears in the table below in relation to each FAR case or subject area. Please cite FAC 2005–09 and specific FAR case number(s). Interested parties may also visit our Web site at http://www.acqnet.gov/far. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. FOR FURTHER INFORMATION CONTACT: Item Subject I ............ II ........... III .......... IV .......... V ........... VI .......... VII ......... VIII ........ IX .......... X ........... Federal Technical Data Solution (FedTeDS) ...................................................................................... Definition of Information Technology ................................................................................................... OMB Circular A–76 ............................................................................................................................. Combating Trafficking in Persons (Interim) ......................................................................................... Confirmation of HUBZone Certification ............................................................................................... Expiration of the Price Evaluation Adjustment .................................................................................... Removal of Sanctions Against Certain European Union Member States (Interim) ............................ Free Trade Agreements Morocco (Interim) ......................................................................................... Fast Payment Procedures ................................................................................................................... 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 2005–09 amends the FAR as specified below: wwhite on PROD1PC65 with RULES3 Item I—Federal Technical Data Solution (FedTeDS) (FAR Case 2004– 007) This final rule amends the FAR to require contracting officers to make solicitation-related information that requires limited availability or distribution available to offerors electronically via the Federal Technical Data Solution (FedTeDS), unless certain exceptions apply. FedTeDS provides secure, user identification and password protected access to solicitation-related data that should not be made available to the public on the Governmentwide Point of Entry (GPE) Web site. Item II—Definition of Information Technology (FAR Case 2004–030) This final rule adopts without change the interim rule which amended FAR 2.101(b) by revising the definition for ‘‘information technology’’ to reflect changes to the definition resulting from the enactment of Public Law 108–199, Consolidated Appropriations Act, 2004. VerDate Aug<31>2005 18:56 Apr 18, 2006 Jkt 208001 FAR case 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.’’ Item III—OMB Circular A–76 (FAR Case 2004–021) This final rule amends FAR Subpart 7.3 to provide language that is consistent with OMB Circular A–76 (Revised), Performance of Commercial Activities, dated May 29, 2003. In addition, it provides two new provisions that inform potential offerors of the procedures the Government will follow for streamlined and standard competitions, as they are defined in the Circular. Item IV—Combating Trafficking in Persons (FAR Case 2005–012) This interim rule amends FAR Parts 12, 22 and 52 to implement the Trafficking Victims Protection Reauthorization Act of 2003, as amended by the Trafficking Victims Protection Reauthorization Act of 2005. The statute (22 U.S.C. 7104(g)) requires that the contract contain a clause allowing the agency to terminate the contract without penalty if the contractor or subcontractor engage in severe forms of trafficking in persons or has procured a commercial sex act, or PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 2004–007 2004–030 2004–021 2005–012 2005–009 2005–002 2005–045 2006–001 2004–031 FAR Analyst Zaffos. Davis. Zaffos. Clark. Cundiff. Cundiff. Clark. Clark. Olson. used forced labor in the performance of the contract. The interim rule applies to contractors awarded service contracts (other than commercial service contracts under Part 12). Such contractors must develop policies to combat trafficking in persons and notify the contracting officer immediately of any information it received from any source that alleges a contract employee has engaged in conduct that violates this policy, and any actions taken against the employee pursuant to the clause. Item V—Confirmation of HUBZone Certification (FAR Case 2005–009) The interim rule published at 70 FR 43581, July 27, 2005 is converted to a final rule without change. The interim rule amended 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 subcontract awards to HUBZone small business concerns under Government contracts. E:\FR\FM\19APR3.SGM 19APR3 Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / Rules and Regulations Item VI—Expiration of the Price Evaluation Adjustment (FAR Case 2005–002) This final rule adopts, without change, an interim rule that amended the FAR to cancel the authority for civilian agencies, other than NASA and the U.S. Coast Guard, to apply the price evaluation adjustment to certain small disadvantaged business concerns in competitive acquisitions. The change was required because the statutory authority for the adjustments had expired. As a result, certain small disadvantaged business concerns will no longer benefit from the adjustments. DoD, NASA, and the U.S. Coast Guard are authorized to continue applying the price evaluation adjustment. Item VII—Removal of Sanctions Against Certain European Union Member States (FAR Case 2005–045) This interim rule removes the sanctions in FAR Part 25 against Austria, Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg, the Netherlands, Sweden, and the United Kingdom on acquisitions not covered by the World Trade Organization Government Procurement Agreement (WTO GPA). These sanctions did not apply to small business set-asides, to acquisitions below the simplified acquisition threshold using simplified acquisition procedures, or to acquisitions by the Department of Defense. Contracting officers may now consider offers of end products, services, and construction that were previously prohibited by the sanctions. wwhite on PROD1PC65 with RULES3 Item VIII—Free Trade Agreements Morocco (FAR Case 2006–001) This interim rule allows contracting officers to purchase the products of Morocco without application of the Buy American Act if the acquisition is subject to the Morocco Free Trade Agreement. The U.S. Trade Representative negotiated a Free Trade Agreement with Morocco, which went into effect January 1, 2006. This agreement joins the North American Free Trade Agreement (NAFTA) and the Australia, Chile, and Singapore Free Trade Agreements which are already in the FAR. The threshold for applicability of the Morocco Free Trade Agreement is $193,000 for supplies and services, $7,407,000 for construction. Procedure’’ clause. If the Fast Payment clause is in the contract, such unmarked invoices will no longer be rejected. Instead, they will be paid using either fast payment or normal payment procedures. In addition, the revision deletes the requirement for marking invoices ‘‘No Receiving Report Prepared.’’ DEPARTMENT OF DEFENSE X—Technical Amendment [FAC 2005–09; FAR Case 2004–007; Item I; Docket FAR–2006–0020] An editorial change is made at FAR 19.1005(a) in Item 3 of the NAICS Description by removing from the end of NAICS code entry ‘‘541310’’ the word ‘‘or’’. Dated: April 12, 2006. Gerald Zaffos, Director, Contract Policy Division. 18:56 Apr 18, 2006 Jkt 208001 Dated: April 8, 2006. Shay D. Assad, Director, Defense Procurement and Acquisition Policy. Dated: April 12, 2006. Roger D. Waldron, Acting Senior Procurement Executive, Office of the Chief Acquisition Officer, General Services Administration. Dated: April 5, 2006. Tom Luedtke, Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. 06–3677 Filed 4–18–06; 8:45 am] PO 00000 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 5, and 7 RIN 9000–AK08 Federal Acquisition Regulation; FAR Case 2004–007, Federal Technical Data Solution (FedTeDS) Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. Federal Acquisition Circular (FAC) 2005–09 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005–09 is effective May 19, 2006, except for Items II, IV, V, VI, VII, VIII, and X which are effective April 19, 2006. BILLING CODE 6820–EP–S GENERAL SERVICES ADMINISTRATION AGENCIES: Federal Acquisition Circular 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 require contracting officers to use the Federal Technical Data Solution (FedTeDS) for electronic posting of solicitation-related materials that require control over availability or distribution unless certain exceptions apply. Effective Date: May 19, 2006. The FAR Secretariat, Room 4035, GS Building, Washington, DC 20405, 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 2005–09, FAR case 2004–007. SUPPLEMENTARY INFORMATION: DATES: FOR FURTHER INFORMATION CONTACT: A. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 69 FR 63436 on November 1, 2004. The 60-day comment period for the proposed rule ended January 3, 2005. Sixteen comments were received from seven commenters. Some of the comments merely agreed with the concept of FedTeDS, others pointed out areas of concern. The substantive comments are discussed below. Public Comments Item IX—Fast Payment Procedures (FAR Case 2004–031) This amendment permits, but does not require, fast payment when invoices and/or outer shipping containers are not marked ‘‘Fast Pay’’, provided the contract includes the ‘‘Fast Payment VerDate Aug<31>2005 20295 1. Comment: FedTeDS will reduce competition on typical large construction projects. By restricting document access to those who are registered in CCR and have an access code, the use of FedTeDS will result in Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\19APR3.SGM 19APR3

Agencies

[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20294-20295]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-3677]



[[Page 20293]]

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Part V





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Chapter 1, Parts 2, 5 et al.



Federal Acquisition Regulations; Final Rules and Interim Rules

Federal Register / Vol. 71, No. 75 / Wednesday, April 19, 2006 / 
Rules and Regulations

[[Page 20294]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR-2006-0023]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-09; Introduction

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

ACTION: Summary presentation of final and interim rules, and technical 
amendments and corrections.

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

SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 2005-09. A companion document, the Small Entity 
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, 
is available via the Internet at http://www.acqnet.gov/far.

DATES: For effective dates and comment dates, see separate documents 
which follow.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below in relation to each 
FAR case or subject area. Please cite FAC 2005-09 and specific FAR case 
number(s). Interested parties may also visit our Web site at http://
www.acqnet.gov/far. For information pertaining to status or publication 
schedules, contact the FAR Secretariat at (202) 501-4755.

 
----------------------------------------------------------------------------------------------------------------
    Item                      Subject                        FAR case           FAR Analyst
----------------------------------------------------------------------------------------------
I..........  Federal Technical Data Solution (FedTeDS)  2004-007            Zaffos.
II.........  Definition of Information Technology.....  2004-030            Davis.
III........  OMB Circular A-76........................  2004-021            Zaffos.
IV.........  Combating Trafficking in Persons           2005-012            Clark.
              (Interim).
V..........  Confirmation of HUBZone Certification....  2005-009            Cundiff.
VI.........  Expiration of the Price Evaluation         2005-002            Cundiff.
              Adjustment.
VII........  Removal of Sanctions Against Certain       2005-045            Clark.
              European Union Member States (Interim).
VIII.......  Free Trade Agreements Morocco (Interim)..  2006-001            Clark.
IX.........  Fast Payment Procedures..................  2004-031            Olson.
X..........  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 2005-09 amends the FAR as specified below:

Item I--Federal Technical Data Solution (FedTeDS) (FAR Case 2004-007)

    This final rule amends the FAR to require contracting officers to 
make solicitation-related information that requires limited 
availability or distribution available to offerors electronically via 
the Federal Technical Data Solution (FedTeDS), unless certain 
exceptions apply. FedTeDS provides secure, user identification and 
password protected access to solicitation-related data that should not 
be made available to the public on the Governmentwide Point of Entry 
(GPE) Web site.

Item II--Definition of Information Technology (FAR Case 2004-030)

    This final rule adopts without change the interim rule which 
amended FAR 2.101(b) by revising the definition for ``information 
technology'' to reflect changes to the definition resulting from the 
enactment of Public Law 108-199, Consolidated Appropriations Act, 2004. 
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.''

Item III--OMB Circular A-76 (FAR Case 2004-021)

    This final rule amends FAR Subpart 7.3 to provide language that is 
consistent with OMB Circular A-76 (Revised), Performance of Commercial 
Activities, dated May 29, 2003. In addition, it provides two new 
provisions that inform potential offerors of the procedures the 
Government will follow for streamlined and standard competitions, as 
they are defined in the Circular.

Item IV--Combating Trafficking in Persons (FAR Case 2005-012)

    This interim rule amends FAR Parts 12, 22 and 52 to implement the 
Trafficking Victims Protection Reauthorization Act of 2003, as amended 
by the Trafficking Victims Protection Reauthorization Act of 2005. The 
statute (22 U.S.C. 7104(g)) requires that the contract contain a clause 
allowing the agency to terminate the contract without penalty if the 
contractor or subcontractor engage in severe forms of trafficking in 
persons or has procured a commercial sex act, or used forced labor in 
the performance of the contract. The interim rule applies to 
contractors awarded service contracts (other than commercial service 
contracts under Part 12). Such contractors must develop policies to 
combat trafficking in persons and notify the contracting officer 
immediately of any information it received from any source that alleges 
a contract employee has engaged in conduct that violates this policy, 
and any actions taken against the employee pursuant to the clause.

Item V--Confirmation of HUBZone Certification (FAR Case 2005-009)

    The interim rule published at 70 FR 43581, July 27, 2005 is 
converted to a final rule without change. The interim rule amended 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 subcontract awards to HUBZone small business 
concerns under Government contracts.

[[Page 20295]]

Item VI--Expiration of the Price Evaluation Adjustment (FAR Case 2005-
002)

    This final rule adopts, without change, an interim rule that 
amended the FAR to cancel the authority for civilian agencies, other 
than NASA and the U.S. Coast Guard, to apply the price evaluation 
adjustment to certain small disadvantaged business concerns in 
competitive acquisitions. The change was required because the statutory 
authority for the adjustments had expired. As a result, certain small 
disadvantaged business concerns will no longer benefit from the 
adjustments. DoD, NASA, and the U.S. Coast Guard are authorized to 
continue applying the price evaluation adjustment.

Item VII--Removal of Sanctions Against Certain European Union Member 
States (FAR Case 2005-045)

    This interim rule removes the sanctions in FAR Part 25 against 
Austria, Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg, 
the Netherlands, Sweden, and the United Kingdom on acquisitions not 
covered by the World Trade Organization Government Procurement 
Agreement (WTO GPA). These sanctions did not apply to small business 
set-asides, to acquisitions below the simplified acquisition threshold 
using simplified acquisition procedures, or to acquisitions by the 
Department of Defense. Contracting officers may now consider offers of 
end products, services, and construction that were previously 
prohibited by the sanctions.

Item VIII--Free Trade Agreements - Morocco (FAR Case 2006-001)

    This interim rule allows contracting officers to purchase the 
products of Morocco without application of the Buy American Act if the 
acquisition is subject to the Morocco Free Trade Agreement. The U.S. 
Trade Representative negotiated a Free Trade Agreement with Morocco, 
which went into effect January 1, 2006. This agreement joins the North 
American Free Trade Agreement (NAFTA) and the Australia, Chile, and 
Singapore Free Trade Agreements which are already in the FAR. The 
threshold for applicability of the Morocco Free Trade Agreement is 
$193,000 for supplies and services, $7,407,000 for construction.

Item IX--Fast Payment Procedures (FAR Case 2004-031)

    This amendment permits, but does not require, fast payment when 
invoices and/or outer shipping containers are not marked ``Fast Pay'', 
provided the contract includes the ``Fast Payment Procedure'' clause. 
If the Fast Payment clause is in the contract, such unmarked invoices 
will no longer be rejected. Instead, they will be paid using either 
fast payment or normal payment procedures. In addition, the revision 
deletes the requirement for marking invoices ``No Receiving Report 
Prepared.''

X--Technical Amendment

    An editorial change is made at FAR 19.1005(a) in Item 3 of the 
NAICS Description by removing from the end of NAICS code entry 
``541310'' the word ``or''.

    Dated: April 12, 2006.
Gerald Zaffos,
Director, Contract Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-09 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-09 is 
effective May 19, 2006, except for Items II, IV, V, VI, VII, VIII, and 
X which are effective April 19, 2006.

    Dated: April 8, 2006.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.

    Dated: April 12, 2006.
Roger D. Waldron,
Acting Senior Procurement Executive, Office of the Chief Acquisition 
Officer, General Services Administration.

    Dated: April 5, 2006.
Tom Luedtke,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. 06-3677 Filed 4-18-06; 8:45 am]
BILLING CODE 6820-EP-S