Federal Acquisition Regulation; Federal Acquisition Circular 2005-11; Small Entity Compliance Guide, 38250-38251 [06-5965]

Download as PDF 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. wwhite on PROD1PC61 with RULES2 (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 VerDate Aug<31>2005 19:49 Jul 03, 2006 Jkt 208001 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, PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 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 http://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 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. E:\FR\FM\05JYR2.SGM 05JYR2 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 PO 00000 Frm 00015 Fmt 4701 Sfmt 4700 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 E:\FR\FM\05JYR2.SGM 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]


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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 
2005-11; 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