Federal Acquisition Regulation; Technical Amendments, 67779-67780 [06-9303]
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Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations
applicability of the Buy American Act
for some foreign supplies and
construction materials from Morocco,
and specifies procurement procedures
designed to ensure fairness, applicable
to the acquisition of supplies and
services.
No comments were received by the
close of the public comment period on
June 19, 2006. Therefore, the Councils
agreed to convert the interim rule to a
final rule without change.
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.
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
B. Regulatory Flexibility Act
ACTION:
The Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not 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. Although the
rule opens up Government procurement
to the products of Morocco, the
Councils do not anticipate any
significant economic impact on U.S.
small businesses. The Department of
Defense only applies the trade
agreements to the non-defense items
listed at DFARS 225.401–70, and
acquisitions that are set aside for small
businesses are exempt.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
apply; however, these changes to the
FAR do not impose additional
information collection requirements to
the paperwork burden previously
approved under OMB Control Numbers
9000–0025 and 9000–0141.
List of Subjects in 48 CFR Parts 25 and
52.
Government procurement.
Dated: November 15, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
Accordingly, the interim rule
amending 48 CFR parts 25 and 52,
which was published at 71 FR 20306 on
April 19, 2006, is adopted as a final rule
without change.
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[FR Doc. 06–9305 Filed 11–21–06; 8:45 am]
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PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
GENERAL SERVICES
ADMINISTRATION
22.1006
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 15, 22, 28, and 52
[FAC 2005-14; Item V; Docket FAR-20060021; Sequence 5]
Federal Acquisition Regulation;
Technical Amendments
Final rule.
[Amended]
3. Amend section 22.1006 in the
fourth sentence of paragraph (c)(1) by
removing ‘‘(c)(1)’’ and adding ‘‘(d)(1)’’ in
its place.
I 4. Amend section 22.1304 by revising
paragraph (a) to read as follows:
I
22.1304
Procedures.
*
*
*
*
*
(a) Query the Department of Labor’s
VETS-100 Database via the Internet at
https://www.vets100.com/
Vets100Search.htm using the validation
code ‘‘vets’’ to proceed with the search
in the database; or
*
*
*
*
*
PART 28—BONDS AND INSURANCE
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
SUMMARY:
DATES:
Effective Date: November 22,
2006
The
FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, (202)
501–4755, for information pertaining to
status or publication schedules. Please
cite FAC 2005–14, Technical
Amendments.
FOR FURTHER INFORMATION CONTACT:
List of Subjects in 48 CFR Parts 15, 22,
28, and 52
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 15, 22, 28, and 52
as set forth below:
I 1. The authority citation for 48 CFR
parts 15, 22, 28, and 52 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 15.404–1(a)(7) by
revising the last sentence to read as
follows:
I
Proposal analysis techniques.
(a) * * *
(7) * * * They are available via the
internet at https://www.acq.osd.mil/
dpap/contractpricing/index.htm.
*
*
*
*
*
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28.202
Acceptability of corporate sureties.
*
*
*
*
*
(d) The Department of the Treasury
Circular 570 may be obtained from the
U.S. Department of the Treasury,
Financial Management Service, Surety
Bond Branch, 3700 East West Highway,
Room 6F01, Hyattsville, MD 20782. Or
via the internet at https://
www.fms.treas.gov/c570/.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
[Amended]
6. Amend section 52.212–5 by
revising the date of the clause to read
‘‘(NOV 2006)’’; removing from
paragraph (b)(1) ‘‘(JUL 1995)’’ and
adding ‘‘(SEP 2006)’’ in its place, and
removing ‘‘(SEP 2006)’’ and adding
‘‘(OCT 1995)’’ in its place; and removing
from paragraph (c)(3) ‘‘(MAY 1989)’’
and adding ‘‘(NOV 2006)’’ in its place.
I
Dated: November 15, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
15.404–1
5. Amend section 28.202 by revising
paragraph (d) to read as follows:
I
52.212–5
Government procurement.
PART 15—CONTRACTING BY
NEGOTIATION
Interim Rule Adopted as Final Without
Change
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
67779
52.222–43
[Amended]
7. Amend section 52.222–43 by
revising the date of the clause to read
‘‘(NOV 2006)’’; and removing from
paragraph (e) ‘‘(c)’’ and adding ‘‘(d)’’ in
its place.
I 8. Amend section 52.228–15 by
revising the date of the clause and
paragraph (d) to read as follows:
I
52.228–15 Performance and Payment
Bonds—Construction.
*
*
*
*
*
PERFORMANCE AND PAYMENT BONDS—
CONSTRUCTION (NOV 2006)
*
*
*
*
*
(d) Surety or other security for bonds.
The bonds shall be in the form of firm
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67780
Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations
commitment, supported by corporate
sureties whose names appear on the list
contained in Treasury Department
Circular 570, individual sureties, or by
other acceptable security such as postal
money order, certified check, cashier’s
check, irrevocable letter of credit, or, in
accordance with Treasury Department
regulations, certain bonds or notes of
the United States. Treasury Circular 570
is published in the Federal Register or
may be obtained from the U.S.
Department of the Treasury, Financial
Management Service, Surety Bond
Branch, 3700 East West Highway, Room
6F01, Hyattsville, MD 20782. Or via the
internet at https://www.fms.treas.gov/
c570/.
*
*
*
*
*
I 9. Amend section 52.228–16 by
revising the date of the clause and
paragraph (e) to read as follows:
52.228–16 Performance and Payment
Bonds—Other Than Construction.
*
*
*
*
check, cashier’s check, irrevocable letter
of credit, or, in accordance with
Treasury Department regulations,
certain bonds or notes of the United
States. Treasury Circular 570 is
published in the Federal Register, or
may be obtained from the U.S.
Department of the Treasury, Financial
Management Service, Surety Bond
Branch, 3700 East West Highway, Room
6F01, Hyattsville, MD 20782. Or via the
internet at https://www.fms.treas.gov/
c570/.
(End of clause)
*
*
*
*
*
[FR Doc. 06–9303 Filed 11–21–06; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
*
PERFORMANCE AND PAYMENT BONDS—
OTHER THAN CONSTRUCTION (NOV 2006)
48 CFR Chapter 1
*
[Docket FAR—2006—0023, Sequence 7]
*
*
*
*
(e) The bonds shall be in the form of
firm commitment, supported by
corporate sureties whose names appear
on the list contained in Treasury
Department Circular 570, individual
sureties, or by other acceptable security
such as postal money order, certified
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–14;
Small Entity Compliance Guide
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) 2005–14 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
2005–14 which precedes this document.
These documents are also available via
the Internet at https://
www.regulations.gov.
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.
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
LIST OF RULES IN FAC 2005–14
Item
Subject
*I ...........
II ...........
III ..........
IV ..........
V ...........
Common Identification Standard for Contractors ................................................................................
Removal of Sanctions Against Certain EU Countries .........................................................................
Free Trade Agreements—Bahrain and Guatemala (Interim) ..............................................................
Free Trade Agreements—Morocco .....................................................................................................
Technical Amendments .......................................................................................................................
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 2005–14 amends the FAR as
specified below:
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Item I—Common Identification
Standard for Contractors (FAR Case
2005–015)
This rule converts the interim rule
published at 71 FR 208, January 3, 2006,
to a final rule with changes. The rule
amends the Federal Acquisition
Regulation (FAR) by addressing the
contractor personal identification
requirements in Homeland Security
Presidential Directive (HSPD) 12,
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FAR case
‘‘Policy for a Common Identification
Standard for Federal Employees and
Contractors,’’ and Federal Information
Processing Standards Publication (FIPS
PUB) Number 201, ‘‘Personal Identity
Verification (PIV) of Federal Employees
and Contractors.’’ The primary
objectives of HSPD–12 are to establish a
process to enhance security, increase
Government efficiency, reduce identity
fraud, and protect personal privacy by
establishing a mandatory,
Governmentwide standard for secure
and reliable forms of identification
issued by the Federal Government to its
employees and contractors who require
routine physical access to Federallycontrolled facilities, and/or routine
access to Federally-controlled
information systems.
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2005–015
2005–045
2006–017
2006–001
Analyst
Jackson.
Olson.
Parnell.
Parnell.
Item II—Removal of Sanctions Against
Certain EU Countries (FAR Case 2005–
045)
This rule converts the interim rule
published at 71 FR 20305, April 19,
2006, to a final rule without change. The
interim rule removed 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. These
sanctions did not apply to small
business set-asides, to acquisition 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,
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Agencies
[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Rules and Regulations]
[Pages 67779-67780]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9303]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 15, 22, 28, and 52
[FAC 2005-14; Item V; Docket FAR-2006-0021; Sequence 5]
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 changes.
DATES: Effective Date: November 22, 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 2005-14,
Technical Amendments.
List of Subjects in 48 CFR Parts 15, 22, 28, and 52
Government procurement.
Dated: November 15, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 15, 22, 28, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 15, 22, 28, 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).
PART 15--CONTRACTING BY NEGOTIATION
0
2. Amend section 15.404-1(a)(7) by revising the last sentence to read
as follows:
15.404-1 Proposal analysis techniques.
(a) * * *
(7) * * * They are available via the internet at https://
www.acq.osd.mil/dpap/contractpricing/index.htm.
* * * * *
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1006 [Amended]
0
3. Amend section 22.1006 in the fourth sentence of paragraph (c)(1) by
removing ``(c)(1)'' and adding ``(d)(1)'' in its place.
0
4. Amend section 22.1304 by revising paragraph (a) to read as follows:
22.1304 Procedures.
* * * * *
(a) Query the Department of Labor's VETS-100 Database via the
Internet at https://www.vets100.com/Vets100Search.htm using the
validation code ``vets'' to proceed with the search in the database; or
* * * * *
PART 28--BONDS AND INSURANCE
0
5. Amend section 28.202 by revising paragraph (d) to read as follows:
28.202 Acceptability of corporate sureties.
* * * * *
(d) The Department of the Treasury Circular 570 may be obtained
from the U.S. Department of the Treasury, Financial Management Service,
Surety Bond Branch, 3700 East West Highway, Room 6F01, Hyattsville, MD
20782. Or via the internet at https://www.fms.treas.gov/c570/.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.212-5 [Amended]
0
6. Amend section 52.212-5 by revising the date of the clause to read
``(NOV 2006)''; removing from paragraph (b)(1) ``(JUL 1995)'' and
adding ``(SEP 2006)'' in its place, and removing ``(SEP 2006)'' and
adding ``(OCT 1995)'' in its place; and removing from paragraph (c)(3)
``(MAY 1989)'' and adding ``(NOV 2006)'' in its place.
52.222-43 [Amended]
0
7. Amend section 52.222-43 by revising the date of the clause to read
``(NOV 2006)''; and removing from paragraph (e) ``(c)'' and adding
``(d)'' in its place.
0
8. Amend section 52.228-15 by revising the date of the clause and
paragraph (d) to read as follows:
52.228-15 Performance and Payment Bonds--Construction.
* * * * *
PERFORMANCE AND PAYMENT BONDS--CONSTRUCTION (NOV 2006)
* * * * *
(d) Surety or other security for bonds. The bonds shall be in the
form of firm
[[Page 67780]]
commitment, supported by corporate sureties whose names appear on the
list contained in Treasury Department Circular 570, individual
sureties, or by other acceptable security such as postal money order,
certified check, cashier's check, irrevocable letter of credit, or, in
accordance with Treasury Department regulations, certain bonds or notes
of the United States. Treasury Circular 570 is published in the Federal
Register or may be obtained from the U.S. Department of the Treasury,
Financial Management Service, Surety Bond Branch, 3700 East West
Highway, Room 6F01, Hyattsville, MD 20782. Or via the internet at
https://www.fms.treas.gov/c570/.
* * * * *
0
9. Amend section 52.228-16 by revising the date of the clause and
paragraph (e) to read as follows:
52.228-16 Performance and Payment Bonds--Other Than Construction.
* * * * *
PERFORMANCE AND PAYMENT BONDS--OTHER THAN CONSTRUCTION (NOV 2006)
* * * * *
(e) The bonds shall be in the form of firm commitment, supported by
corporate sureties whose names appear on the list contained in Treasury
Department Circular 570, individual sureties, or by other acceptable
security such as postal money order, certified check, cashier's check,
irrevocable letter of credit, or, in accordance with Treasury
Department regulations, certain bonds or notes of the United States.
Treasury Circular 570 is published in the Federal Register, or may be
obtained from the U.S. Department of the Treasury, Financial Management
Service, Surety Bond Branch, 3700 East West Highway, Room 6F01,
Hyattsville, MD 20782. Or via the internet at https://www.fms.treas.gov/
c570/.
(End of clause)
* * * * *
[FR Doc. 06-9303 Filed 11-21-06; 8:45 am]
BILLING CODE 6820-EP-S