Federal Acquisition Regulation; FAR Case 2005-025, Online Representations and Certifications Application (ORCA) Archiving Capability, 57362-57363 [06-8203]
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57362
Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations
List of Subjects in 48 CFR Parts 1, 2, 7,
11, 31, and 39
Government procurement.
Dated: September 19, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
Interim Rule Adopted as Final Without
Change
Accordingly, the interim rule
amending 48 CFR parts 1, 2, 7, 11, 31,
and 39, which was published at 70 FR
57449, September 30, 2005, and a
correction published at 70 FR 69100,
November 14, 2005, is adopted as a final
rule without change.
I
[FR Doc. 06–8201 Filed 9–27–06; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4, 12, 14, and 15
[FAC 2005–13; FAR Case 2005–025; Item
III; Docket 2006–0020, Sequence 4]
RIN 9000–AK56
Federal Acquisition Regulation; FAR
Case 2005–025, Online
Representations and Certifications
Application (ORCA) Archiving
Capability
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on an interim
rule amending the Federal Acquisition
Regulation (FAR) to address the record
retention policy where the Online
Representations and Certifications
Application (ORCA) is used to submit
an offeror’s representations and
certification.
Effective Date: September 28,
2006.
Comment Date: Interested parties
should submit written comments to the
FAR Secretariat on or before November
27, 2006 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–13, FAR case
jlentini on PROD1PC65 with RULES2
DATES:
VerDate Aug<31>2005
20:02 Sep 27, 2006
Jkt 208001
2005–025, by any of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Search for this
document at the ‘‘Federal Acquisition
Regulation’’ agency and review the
‘‘Document Title’’ column; click on the
Document ID number. Click on ‘‘Add
Comments’’.
You may also search for any
document using the ‘‘Advanced search/
document search’’ tab, selecting from
the agency field ‘‘Federal Acquisition
Regulation’’, and typing the FAR case
number in the keyword field.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VIR), 1800 F Street, NW, Room 4035,
ATTN: Laurieann Duarte, Washington,
DC 20405.
Instructions: Please submit comments
only and citeFAC 2005–13, FAR case
2005–025, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Ernest Woodson, Procurement Analyst,
at (202) 501–3775. The TTY Federal
Relay Number for further information is
1–800–877–8973. Please cite FAC 2005–
13, FAR case 2005–025. For information
pertaining to status or publication
schedules, contact the FAR Secretariat
at (202) 501–4755.
SUPPLEMENTARY INFORMATION:
submitted in the FAR provisions at
52.204–8 or 52.212–3, in the contract
file to satisfy the contract file
documentation requirements.
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.
A. Background
D. Determination to Issue an Interim
Rule
Under FAR Subpart 4.12 prospective
contractors are required to submit
Annual Representations and
Certifications via the Online
Representations and Certifications
Application (ORCA), a part of the
Business Partner Network. Using ORCA
eliminates the administrative burden for
contractors of submitting the same
information to various contracting
offices, and establishes a common
source for this information to
procurement offices throughout the
Government.
FAR 4.803(a)(11) requires contracting
officers to include contractor
representations and certifications in the
contract file. Given ORCA’s capability to
archive a contractor’s representations
and certifications by date, contracting
officers no longer need to file a paper
copy of a contractor’s representations
and certifications in the contracting
office contract files, but should
incorporate archived ORCA records by
reference, along with any changes
PO 00000
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Fmt 4701
Sfmt 4700
B. Regulatory Flexibility Act
The interim rule is not expected to
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 management of the contract file
is not accomplished by the vendor
community, only by government
contracting entities. Therefore, an Initial
Regulatory Flexibility Analysis has not
been performed. The Councils will
consider comments from small entities
concerning the affected FAR Parts 4, 12,
14, and 15 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 2005–13, FAR
case 2005–025), 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.
A determination has been made under
the authority of the Secretary of Defense
(DoD), the Administrator of General
Services (GSA), and the Administrator
of the National Aeronautics and Space
Administration (NASA) that urgent and
compelling reasons exist to promulgate
this interim rule without prior
opportunity for public comment. This
action is necessary because the rule
addresses policy regarding the filing of
proper documentation in the contract
file by the contracting officer, which is
internal to the Government, and not
accomplished by the vendor
community. However, pursuant to
Public Law 98–577 and FAR 1.501, the
Councils will consider public comments
received in response to this interim rule
in the formation of the final rule.
List of Subjects in 48 CFR Parts 4, 12,
14, and 15
Government procurement.
E:\FR\FM\28SER2.SGM
28SER2
Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations
Dated: September 19, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
following the third sentence to read as
follows:
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 4, 12, 14, and 15
as set forth below:
I 1. The authority citation for 48 CFR
parts 4, 12, 14, and 15 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).
2. Amend section 4.803 by revising
paragraph (a)(11) to read as follows:
I
Contents of contract files.
Policy.
*
*
*
*
*
(c) Data in ORCA is archived and is
electronically retrievable. Therefore,
when a prospective contractor has
completed representations and
certifications electronically via ORCA,
the contracting officer may reference the
date of ORCA verification in the
associated Government contract file,
rather than including a paper copy of
the electronically-submitted
representations and certifications in the
file. Such a reference satisfies contract
file documentation requirements of
4.803(a)(11). However, if an offeror
identifies changes to ORCA data
pursuant to the FAR provisions at
52.204–8(c) or 52.212–3(k), the
contracting officer must include a copy
of the changes in the contract file.
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
4. Amend section 12.301 by revising
the first sentence of paragraph (b)(2) to
read as follows:
I
jlentini on PROD1PC65 with RULES2
*
*
*
*
*
(b)(2) * * * This provision provides a
single, consolidated list of
representations and certifications for the
acquisition of commercial items and is
attached to the solicitation for offerors
to complete. * * *
*
*
*
*
*
PART 14—SEALED BIDDING
5. Amend section 14.201–1 by adding
to paragraph (c) a parenthetical
20:44 Sep 27, 2006
Jkt 028001
6. Amend section 15.102 by revising
the second sentence of paragraph (b) to
read as follows:
Oral presentations.
*
*
*
*
(b) * * * However, representations
and certifications shall be submitted as
required in the FAR provisions at
52.204–8(c) or 52.212–3(k), and a signed
offer sheet (including any exceptions to
the Government’s terms and conditions)
shall be submitted in writing.
*
*
*
*
*
I 7. Amend section 15.204–1 by adding
to paragraph (b) a parenthetical
following the second sentence to read as
follows:
15.204–1
Uniform contract format.
*
*
*
*
*
(b) * * * (See 4.1201(c).) * * *
*
*
*
*
*
[FR Doc. 06–8203 Filed 9–27–06; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 5, 6, 7, 8, 9, 12,
13, 15, 16, 17, 19, 22, 25, 28, 32, 36, 42,
48, 49, 50, 52, and 53
[FAC 2005–13; FAR Case 2004–033; Item
IV; Docket 2006–0020, Sequence 17]
RIN 9000–AK26
Federal Acquisition Regulation; FAR
Case 2004–033, Inflation Adjustment of
Acquisition-Related Thresholds
12.301 Solicitation provisions and
contract clauses for the acquisition of
commercial items.
VerDate Aug<31>2005
PART 15—CONTRACTING BY
NEGOTIATION
*
*
*
*
*
(a) * * *
(11) Contractor’s representations and
certifications (see 4.1201(c)).
*
*
*
*
*
I 3. Amend section 4.1201 by adding
paragraph (c) to read as follows:
I
*
*
*
*
(c) * * * (See 4.1201(c).) * * *
*
*
*
*
*
15.102
*
4.1201
Uniform contract format.
*
I
PART 4—ADMINISTRATIVE MATTERS
4.803
14.201–1
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 adjust acquisition-
PO 00000
Frm 00009
Fmt 4701
Sfmt 4700
57363
related thresholds for inflation, in
accordance with 41 U.S.C. 431a as
added by section 807 of the Ronald W.
Reagan National Defense Authorization
Act for Fiscal Year 2005 (Pub. L. 108–
375). This rule also amends some
acquisition-related thresholds that are
based on policy rather than statute.
Inflation adjustment of cost accounting
standards (CAS) thresholds will be
addressed in a separate case.
DATES:
Effective Date: September 28,
2006.
For
clarification of content, contact Mr.
Michael Jackson, Procurement Analyst,
at (202) 208–4949. Please cite FAC
2005–13, FAR case 2004–033. For
information pertaining to status or
publication schedules, contact the FAR
Secretariat at (202) 501–4755.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
A. Background
Statute. This final rule implements 41
U.S.C. 431a as added by Section 807 of
the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005
(Pub. L. 108–375). 41 U.S.C. 431a
provides for adjustment every 5 years of
acquisition-related thresholds, except
for Davis-Bacon Act, Service Contract
Act, and trade agreements thresholds.
This rule also escalates some
nonstatutory acquisition-related
thresholds. The statute does not permit
escalation of acquisition-related
thresholds established by the Davis
Bacon Act, the Service Contract Act, or
trade agreements. The statute does not
authorize the FAR to escalate thresholds
originating in executive order or the
implementing agency (such as the
Department of Labor or the Small
Business Administration), unless the
executive order or agency regulations
are first amended.
Public Comments. DoD, GSA, and
NASA published a proposed rule in the
Federal Register at 70 FR 73415,
December 12, 2005. We received eight
responses to the proposed rule
(available at https://
www.regulations.gov/). All the
responses were from Government
personnel. Almost all the responses
related to the proposed increase in the
micro-purchase threshold. The Councils
did not agree to any changes to the
proposed rule based on the public
comments. However, as addressed
below, some of the thresholds have
changed in the final rule.
E:\FR\FM\28SER2.SGM
28SER2
]]>Agencies
[Federal Register Volume 71, Number 188 (Thursday, September 28, 2006)]
[Rules and Regulations]
[Pages 57362-57363]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-8203]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 12, 14, and 15
[FAC 2005-13; FAR Case 2005-025; Item III; Docket 2006-0020, Sequence
4]
RIN 9000-AK56
Federal Acquisition Regulation; FAR Case 2005-025, Online
Representations and Certifications Application (ORCA) Archiving
Capability
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to address the
record retention policy where the Online Representations and
Certifications Application (ORCA) is used to submit an offeror's
representations and certification.
DATES: Effective Date: September 28, 2006.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before November 27, 2006 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-13, FAR case 2005-
025, by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Search for this document at the ``Federal Acquisition Regulation''
agency and review the ``Document Title'' column; click on the Document
ID number. Click on ``Add Comments''.
You may also search for any document using the ``Advanced search/
document search'' tab, selecting from the agency field ``Federal
Acquisition Regulation'', and typing the FAR case number in the keyword
field.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and citeFAC 2005-13, FAR
case 2005-025, in all correspondence related to this case. All comments
received will be posted without change to https://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. The TTY
Federal Relay Number for further information is 1-800-877-8973. Please
cite FAC 2005-13, FAR case 2005-025. For information pertaining to
status or publication schedules, contact the FAR Secretariat at (202)
501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
Under FAR Subpart 4.12 prospective contractors are required to
submit Annual Representations and Certifications via the Online
Representations and Certifications Application (ORCA), a part of the
Business Partner Network. Using ORCA eliminates the administrative
burden for contractors of submitting the same information to various
contracting offices, and establishes a common source for this
information to procurement offices throughout the Government.
FAR 4.803(a)(11) requires contracting officers to include
contractor representations and certifications in the contract file.
Given ORCA's capability to archive a contractor's representations and
certifications by date, contracting officers no longer need to file a
paper copy of a contractor's representations and certifications in the
contracting office contract files, but should incorporate archived ORCA
records by reference, along with any changes submitted in the FAR
provisions at 52.204-8 or 52.212-3, in the contract file to satisfy the
contract file documentation requirements.
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 interim rule is not expected to 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
management of the contract file is not accomplished by the vendor
community, only by government contracting entities. Therefore, an
Initial Regulatory Flexibility Analysis has not been performed. The
Councils will consider comments from small entities concerning the
affected FAR Parts 4, 12, 14, and 15 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 2005-13, FAR case 2005-025), 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.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the rule addresses policy regarding the filing of
proper documentation in the contract file by the contracting officer,
which is internal to the Government, and not accomplished by the vendor
community. However, pursuant to Public Law 98-577 and FAR 1.501, the
Councils will consider public comments received in response to this
interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 4, 12, 14, and 15
Government procurement.
[[Page 57363]]
Dated: September 19, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 12, 14, and 15 as
set forth below:
0
1. The authority citation for 48 CFR parts 4, 12, 14, and 15 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 4--ADMINISTRATIVE MATTERS
0
2. Amend section 4.803 by revising paragraph (a)(11) to read as
follows:
4.803 Contents of contract files.
* * * * *
(a) * * *
(11) Contractor's representations and certifications (see
4.1201(c)).
* * * * *
0
3. Amend section 4.1201 by adding paragraph (c) to read as follows:
4.1201 Policy.
* * * * *
(c) Data in ORCA is archived and is electronically retrievable.
Therefore, when a prospective contractor has completed representations
and certifications electronically via ORCA, the contracting officer may
reference the date of ORCA verification in the associated Government
contract file, rather than including a paper copy of the
electronically-submitted representations and certifications in the
file. Such a reference satisfies contract file documentation
requirements of 4.803(a)(11). However, if an offeror identifies changes
to ORCA data pursuant to the FAR provisions at 52.204-8(c) or 52.212-
3(k), the contracting officer must include a copy of the changes in the
contract file.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
0
4. Amend section 12.301 by revising the first sentence of paragraph
(b)(2) to read as follows:
12.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(b)(2) * * * This provision provides a single, consolidated list of
representations and certifications for the acquisition of commercial
items and is attached to the solicitation for offerors to complete. * *
*
* * * * *
PART 14--SEALED BIDDING
0
5. Amend section 14.201-1 by adding to paragraph (c) a parenthetical
following the third sentence to read as follows:
14.201-1 Uniform contract format.
* * * * *
(c) * * * (See 4.1201(c).) * * *
* * * * *
PART 15--CONTRACTING BY NEGOTIATION
0
6. Amend section 15.102 by revising the second sentence of paragraph
(b) to read as follows:
15.102 Oral presentations.
* * * * *
(b) * * * However, representations and certifications shall be
submitted as required in the FAR provisions at 52.204-8(c) or 52.212-
3(k), and a signed offer sheet (including any exceptions to the
Government's terms and conditions) shall be submitted in writing.
* * * * *
0
7. Amend section 15.204-1 by adding to paragraph (b) a parenthetical
following the second sentence to read as follows:
15.204-1 Uniform contract format.
* * * * *
(b) * * * (See 4.1201(c).) * * *
* * * * *
[FR Doc. 06-8203 Filed 9-27-06; 8:45 am]
BILLING CODE 6820-EP-S
