Federal Acquisition Regulation; Federal Acquisition Circular 2005-11; Small Entity Compliance Guide, 38250-38251 [06-5965]
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38250
Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Rules and Regulations
general program approved by the
Federal Emergency Management Agency
and meet certain criteria. (See
45.404(a)(3) and (4).)
18.124
Extraordinary contractual actions.
Part 50 prescribes policies and
procedures for entering into, amending,
or modifying contracts in order to
facilitate the national defense under the
extraordinary emergency authority
granted by Public Law 85–804 (50
U.S.C. 1431–1434). This includes—
(a) Amending contracts without
consideration (see 50.302–1);
(b) Correcting or mitigating mistakes
in a contract (see 50.302–2); and
(c) Formalizing informal
commitments (See 50.302–3).
Subpart 18.2—Emergency Acquisition
Flexibilities
18.201
Contingency operation.
(a) Contingency operation is defined
in 2.101.
(b) Micro-purchase threshold. The
threshold increases when the head of
the agency determines the supplies or
services are to be used to support a
contingency operation. (See 2.101 and
13.201(g).)
(c) Simplified acquisition threshold.
The threshold increases when the head
of the agency determines the supplies or
services are to be used to support a
contingency operation. (See 2.101.)
(d) SF 44, Purchase Order–Invoice–
Voucher. The normal threshold for the
use of the SF 44 is at or below the
micro-purchase threshold. Agencies
may, however, establish higher dollar
limitations for purchases made to
support a contingency operation. (See
13.306.)
(e) Test program for certain
commercial items. The threshold limits
authorized for use of the test program
may be increased for acquisitions to
support a contingency operation. (See
13.500(e).)
18.202 Defense or recovery from certain
attacks.
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(a) Micro-purchase threshold. The
threshold increases when the head of
the agency determines the supplies or
services are to be used to facilitate
defense against or recovery from
nuclear, biological, chemical, or
radiological attack. (See 2.101.)
(b) Simplified acquisition threshold.
The threshold increases when the head
of the agency determines the supplies or
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19:49 Jul 03, 2006
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services are to be used to facilitate
defense against or recovery from
nuclear, biological, chemical, or
radiological attack. (See 2.101.)
(c) Commercial items to facilitate
defense and recovery. Contracting
officers may treat any acquisition of
supplies or services as an acquisition of
commercial items if the head of the
agency determines the acquisition is to
be used to facilitate the defense against
or recovery from nuclear, biological,
chemical, or radiological attack. (See
12.102(f)(1) and 13.500(e).)
(d) Test program for certain
commercial items. The threshold limits
authorized for use of the test program
may be increased when it is determined
the acquisition is to facilitate defense
against or recovery from nuclear,
biological, chemical, or radiological
attack. (See 13.500(e).)
18.203 Incidents of national significance,
emergency declaration, or major disaster
declaration.
(a) Authorized or required by statute.
Agencies may limit the use of full and
open competition when statutes
authorize or require that the acquisition
be made through another agency or from
a specified source. This includes the
Robert T. Stafford Disaster Relief and
Emergency Assistance Act. (See 6.302–
5 and Subpart 26.2.)
(b) Disaster or emergency assistance
activities. Preference will be given to
local organizations, firms, and
individuals when contracting for major
disaster or emergency assistance
activities when the President has made
a declaration under the Robert T.
Stafford Disaster Relief and Emergency
Assistance Act. (See Subpart 26.2 and
6.302–5(b)(5).)
(c) Ocean transportation by U.S. flag
vessels. The provisions of the Cargo
Preference Act of 1954 may be waived
in emergency situations. (See 47.502(c).)
18.204
Resources.
(a) National Response Plan. The
National Response Plan (NRP) provides
a single, comprehensive framework for
the management of domestic incidents
where Federal involvement is necessary
as required by the Homeland Security
Act of 2002 (Public Law 107–296). The
NRP only applies to incidents of
national significance, defined as an
actual or potential high-impact event
that requires a coordinated and effective
response by an appropriate combination
of Federal, State, local, tribal,
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nongovernmental, and/or private-sector
entities in order to save lives, minimize
damage, and provide for long-term
community recovery and mitigation
activities. The Department of Homeland
Security is responsible for the NRP. The
NRP is available at https://www.dhs.gov/
dhspublic/interapp/editorial/
editoriall0566.xml.
(b) [Reserved]
[FR Doc. 06–5964 Filed 7–3–06; 8:45 am]
BILLING CODE 6820–EP–S
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 2005–11;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCIES:
SUMMARY: This document is issued
under the joint authority of the
Secretary of Defense, the Administrator
of General Services and the
Administrator of 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) 2005–11 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
2005–11 which precedes this document.
These documents are also available via
the Internet at https://
www.acquisition.gov/far.
FOR FURTHER INFORMATION CONTACT:
Laurieann Duarte, FAR Secretariat, (202)
501–4225. For clarification of content,
contact the analyst whose name appears
in the table below.
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Federal Register / Vol. 71, No. 128 / Wednesday, July 5, 2006 / Rules and Regulations
38251
LIST OF RULES IN FAC 2005–11
Item
Subject
*I ...........
II ...........
Earned Value Management System (EVMS) ......................................................................................
Emergency Acquisitions ......................................................................................................................
FAC 2005–11 amends the FAR as
specified below:
wwhite on PROD1PC61 with RULES2
Item I—Earned Value Management
System (EVMS) (FAR Case 2004–019)
This final rule amends the Federal
Acquisition Regulation to implement
Earned Value Management System
(EVMS) policy in accordance with OMB
Circular A–11, Part 7 and the
supplement to Part 7, the Capital
Planning Guide. The FAR will require
the use of an EVM System that complies
with the guidelines of ANSI/EIA
Standard - 748, in major acquisitions for
development, and in other acquisitions
VerDate Aug<31>2005
19:49 Jul 03, 2006
Jkt 208001
FAR case
in accordance with agency procedures.
An agency shall conduct an Integrated
Baseline Review (IBR) when EVMS is
required. Offerors shall not be
eliminated from consideration for
contract award because they do not have
an EVMS that is compliant with the
ANSI/EIA standards, provided they
submit an EVMS implementation plan
with their proposal.
Item II—Emergency Acquisitions (FAR
Case 2005–038)
This interim rule revises FAR Part 18
to provide a single reference to
acquisition flexibilities that may be used
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2004–019
2005–038
Analyst
Parnell.
Sochon.
during emergency situations. This
change is expected to improve the
Government’s ability to expedite
acquisition of supplies and services
during emergency situations. The FAR
Part 18 makes no change to existing
contracting policy.
Dated: June 28, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
[FR Doc. 06–5965 Filed 7–3–06; 8:45 am]
BILLING CODE 6820–EP–S
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05JYR2
]]>Agencies
[Federal Register Volume 71, Number 128 (Wednesday, July 5, 2006)]
[Rules and Regulations]
[Pages 38250-38251]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5965]
-----------------------------------------------------------------------
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
2005-11; 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 of 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) 2005-11 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 2005-11 which precedes this
document. These documents are also available via the Internet at http:/
/www.acquisition.gov/far.
FOR FURTHER INFORMATION CONTACT: Laurieann Duarte, FAR Secretariat,
(202) 501-4225. For clarification of content, contact the analyst whose
name appears in the table below.
[[Page 38251]]
List of Rules in FAC 2005-11
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------
*I......... Earned Value Management System (EVMS).... 2004-019 Parnell.
II......... Emergency Acquisitions................... 2005-038 Sochon.
----------------------------------------------------------------------------------------------------------------
FAC 2005-11 amends the FAR as specified below:
Item I--Earned Value Management System (EVMS) (FAR Case 2004-019)
This final rule amends the Federal Acquisition Regulation to
implement Earned Value Management System (EVMS) policy in accordance
with OMB Circular A-11, Part 7 and the supplement to Part 7, the
Capital Planning Guide. The FAR will require the use of an EVM System
that complies with the guidelines of ANSI/EIA Standard - 748, in major
acquisitions for development, and in other acquisitions in accordance
with agency procedures. An agency shall conduct an Integrated Baseline
Review (IBR) when EVMS is required. Offerors shall not be eliminated
from consideration for contract award because they do not have an EVMS
that is compliant with the ANSI/EIA standards, provided they submit an
EVMS implementation plan with their proposal.
Item II--Emergency Acquisitions (FAR Case 2005-038)
This interim rule revises FAR Part 18 to provide a single reference
to acquisition flexibilities that may be used during emergency
situations. This change is expected to improve the Government's ability
to expedite acquisition of supplies and services during emergency
situations. The FAR Part 18 makes no change to existing contracting
policy.
Dated: June 28, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
[FR Doc. 06-5965 Filed 7-3-06; 8:45 am]
BILLING CODE 6820-EP-S
