Federal Acquisition Regulation; Technical Amendments, 67779-67780 [06-9303]

Download as PDF 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. pwalker on PROD1PC61 with RULES2 I [FR Doc. 06–9305 Filed 11–21–06; 8:45 am] VerDate Aug<31>2005 20:18 Nov 21, 2006 Jkt 211001 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 http://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 http://www.acq.osd.mil/ dpap/contractpricing/index.htm. * * * * * PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 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 http:// 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 E:\FR\FM\22NOR2.SGM 22NOR2 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 http://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 http://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 http:// 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: pwalker on PROD1PC61 with RULES2 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, VerDate Aug<31>2005 20:18 Nov 21, 2006 Jkt 211001 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. PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 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, E:\FR\FM\22NOR2.SGM 22NOR2

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]


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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.

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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 http://
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 http://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 http://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 
http://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 http://www.fms.treas.gov/
c570/.
    (End of clause)
* * * * *
[FR Doc. 06-9303 Filed 11-21-06; 8:45 am]
BILLING CODE 6820-EP-S