Federal Acquisition Regulation; FAR Case 2005-045, Removal of Sanctions Against Certain EU Countries, 67775-67776 [06-9307]

Download as PDF Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations organization on behalf of the agency (44 U.S.C. 3544(a)(1)(A)). * * * * * verification of contractors will be met (see Subpart 4.13). * * * * * PART 4—ADMINISTRATIVE MATTERS PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Revise section 4.1300 in paragraphs (a) and (b) and section 4.1301 to read as follows: I 4.1300 Policy. (a) Agencies must follow Federal Information Processing Standards Publication (FIPS PUB) Number 201, ‘‘Personal Identity Verification of Federal Employees and Contractors,’’ as amended, and the associated Office of Management and Budget (OMB) implementation guidance as amended, for personal identity verification for all affected contractor and subcontractor personnel when contract performance requires contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system. (b) Agencies must include their implementation of FIPS PUB 201 as amended, and OMB guidance M–05–24, dated August 5, 2005, as amended, in solicitations and contracts that require the contractor to have routine physical access to a Federally-controlled facility and/or routine access to a Federallycontrolled information system. * * * * * 4.1301 Contract clause. The contracting officer shall insert the clause at 52.204–9, Personal Identity Verification of Contractor Personnel, in solicitations and contracts when contract performance requires contractors to have routine physical access to a Federally-controlled facility and/or routine access to a Federallycontrolled information system. The clause shall not be used when contractors require only intermittent access to Federally-controlled facilities. PART 7—ACQUISITION PLANNING 4. Amend section 7.105 by revising the last sentence in paragraph (b)(17) to read as follows: I 7.105 Contents of written acquisition plans. pwalker on PROD1PC61 with RULES2 * * * * * (b) * * * (17) Security considerations. * * * For acquisitions requiring routine contractor physical access to a Federally-controlled facility and/or routine access to a Federally-controlled information system, discuss how agency requirements for personal identity VerDate Aug<31>2005 20:18 Nov 21, 2006 Jkt 211001 5. Amend section 52.204–9 by revising the date of the clause to read ‘‘(NOV 2006)’’; and revising paragraphs (a) and (b) to read as follows: I 52.204–9 Personal Identity Verification of Contractor Personnel. * * * * * (a) The Contractor shall comply with agency personal identity verification procedures identified in the contract that implement Homeland Security Presidential Directive–12 (HSPD–12), Office of Management and Budget (OMB) guidance M–05–24, as amended, and Federal Information Processing Standards Publication (FIPS PUB) Number 201, as amended. (b) The Contractor shall insert this clause in all subcontracts when the subcontractor is required to have routine physical access to a Federallycontrolled facility and/or routine access to a Federally-controlled information system. (End of clause) [FR Doc. 06–9308 Filed 11–21–06; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 25 and 52 [FAC 2005–14; FAR Case 2005–045; Item II; Docket 2006–0020, Sequence 20] RIN 9000–AK43 Federal Acquisition Regulation; FAR Case 2005–045, Removal of Sanctions Against Certain EU Countries 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 to adopt as final, without change, an interim rule that amended the Federal Acquisition Regulation (FAR) to remove the sanctions against certain European Union (EU) countries. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 DATES: 67775 Effective Date: November 22, 2006. For clarification of content, contact Mr. Jeremy Olson, at (202) 501–3221. Please cite FAC 2005–14, FAR case 2005–045. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: A. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 71 FR 20305 on April 19, 2006. The interim rule deleted FAR Subpart 25.6, Trade Sanctions, and the clauses at FAR 52.225–15, Sanctioned European Union Country End Products, and FAR 52.225– 16, Sanctioned European Union Country Services, and other associated references in FAR Part 25. No comments were received by the close of the public comment period on June 19, 2006. Therefore, the Councils have 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. B. Regulatory Flexibility Act 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., because this rule only removes sanctions from— • End products from sanctioned EU countries with an estimated acquisition value less than $193,000; • Sanctioned EU country construction with an estimated acquisition value less than $7,407,000; or • Sanctioned EU country services with an estimated acquisition value less than $193,000 or that are excluded from coverage by the World Trade Organization Government Procurement Agreement. These sanctions did not apply to small business set-asides, to acquisitions below the simplified acquisition threshold using simplified acquisition procedures, or to acquisitions by the Department of Defense. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the E:\FR\FM\22NOR2.SGM 22NOR2 67776 Federal Register / Vol. 71, No. 225 / Wednesday, November 22, 2006 / Rules and Regulations 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. List of Subjects in 48 CFR Parts 25 and 52 Government procurement. Dated: November 15, 2006. Ralph De Stefano, Director, Contract Policy Division. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 25 and 52, which was published at 71 FR 20305, April 19, 2006, is adopted as a final rule without change. I [FR Doc. 06–9307 Filed 11–21–06; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 25 and 52 [FAC 2005–14; FAR Case 2006–017; Item III; Docket 2006–0020, Sequence 11] RIN 9000–AK61 Federal Acquisition Regulation; FAR Case 2006–017, Free Trade Agreements—Bahrain and Guatemala 2006–017, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Search for any document by first selecting the proper document types and selecting ‘‘Federal Acquisition Regulation’’ as the agency of choice. At the ‘‘Keyword’’ prompt, type in the FAR case number (for example, FAR Case 2006–001) and click on the ‘‘Submit’’ button. You may also search for any document by clicking on the ‘‘Advanced search/document search’’ tab at the top of the screen, selecting from the agency field ‘‘Federal Acquisition Regulation’’, and typing the FAR case number in the keyword field. Select the ‘‘Submit’’ button. • 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 cite FAC 2005–14, FAR case 2006–017, in all correspondence related to this case. All comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Jeritta Parnell, Procurement Analyst, at (202) 501–4082. Please cite FAC 2005– 14, FAR case 2006–017. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. SUPPLEMENTARY INFORMATION: AGENCIES: A. Background 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 implement the Dominican Republic—Central America—United States Free Trade Agreement with respect to Guatemala and the United States—Bahrain Free Trade Agreement. DATES: Effective Date: November 22, 2006. Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before January 22, 2007. ADDRESSES: Submit comments identified by FAC 2005–14, FAR case This rule amends FAR Part 25 and the corresponding clauses in Part 52 to implement the Dominican Republic— Central America—United States Free Trade Agreement (CAFTA-DR) with respect to Guatemala and the United States—Bahrain Free Trade Agreement (FTA). Congress approved these trade agreements in the Dominican Republic—Central America—United States Free Trade Agreement Implementation Act (Public Law 109– 53) and the United States—Bahrain Free Trade Agreement Implementation Act (Pub. L. 109–169), respectively. These trade agreements waive the applicability of the Buy American Act for some foreign supplies and construction materials from Guatemala and Bahrain and specify procurement procedures designed to ensure fairness in the acquisition of supplies and services. This interim rule adds Bahrain and Guatemala to the definition of ‘‘Free Trade Agreement country.’’ The rule pwalker on PROD1PC61 with RULES2 Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. VerDate Aug<31>2005 20:18 Nov 21, 2006 Jkt 211001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 also deletes Guatemala from the definition of ‘‘Caribbean Basin country’’ because, in accordance with Section 201(a)(3) of Pub. L. 109–53, when the CAFTA-DR agreement enters into force with respect to a country, that country is no longer designated as a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act. The excluded services for the Bahrain FTA are the same as for the CAFTA-DR, Chile FTA, and NAFTA. Guatemala has the same thresholds as the other CAFTA-DR countries. The Bahrain FTA threshold for supply and service contracts is $193,000. For construction contracts, the Bahrain FTA threshold is $8,422,165. Like the Morocco FTA, the Bahrain FTA threshold for supplies and services is higher than the thresholds for the other FTAs. Therefore, Bahrainian end products are not covered by the Buy American Act—Free Trade Agreements—Israeli Trade Act provision and clause (FAR 52.225–3 and 52.225–4). Similarly, like NAFTA, the Bahrain FTA threshold for construction is higher than the thresholds of the other FTAs. Therefore Bahrainian construction material is excluded from coverage under the Buy American Act— Construction Materials under Trade Agreements provision and clause (52.225–11 and 52.225–12) for acquisitions less than $8,422,165 (Alternate I). 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. Although the rule opens up Government procurement to the goods and services of Guatemala and Bahrain, 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. Therefore, an Initial Regulatory Flexibility Analysis has not been performed. The Councils will consider comments from small entities concerning the affected FAR Parts 25 and 52 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 E:\FR\FM\22NOR2.SGM 22NOR2

Agencies

[Federal Register Volume 71, Number 225 (Wednesday, November 22, 2006)]
[Rules and Regulations]
[Pages 67775-67776]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-9307]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 2005-14; FAR Case 2005-045; Item II; Docket 2006-0020, Sequence 
20]
RIN 9000-AK43


Federal Acquisition Regulation; FAR Case 2005-045, Removal of 
Sanctions Against Certain EU Countries

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 to adopt as 
final, without change, an interim rule that amended the Federal 
Acquisition Regulation (FAR) to remove the sanctions against certain 
European Union (EU) countries.

DATES: Effective Date: November 22, 2006.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Jeremy Olson, at (202) 501-3221. Please cite FAC 2005-14, FAR case 
2005-045. For information pertaining to status or publication 
schedules, contact the FAR Secretariat at (202) 501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 71 FR 20305 on April 19, 2006. The interim rule deleted FAR 
Subpart 25.6, Trade Sanctions, and the clauses at FAR 52.225-15, 
Sanctioned European Union Country End Products, and FAR 52.225-16, 
Sanctioned European Union Country Services, and other associated 
references in FAR Part 25.
    No comments were received by the close of the public comment period 
on June 19, 2006. Therefore, the Councils have 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.

B. Regulatory Flexibility Act

    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., because this rule only removes 
sanctions from--
     End products from sanctioned EU countries with an 
estimated acquisition value less than $193,000;
     Sanctioned EU country construction with an estimated 
acquisition value less than $7,407,000; or
     Sanctioned EU country services with an estimated 
acquisition value less than $193,000 or that are excluded from coverage 
by the World Trade Organization Government Procurement Agreement.
    These sanctions did not apply to small business set-asides, to 
acquisitions below the simplified acquisition threshold using 
simplified acquisition procedures, or to acquisitions by the Department 
of Defense.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the

[[Page 67776]]

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.

List of Subjects in 48 CFR Parts 25 and 52

    Government procurement.

    Dated: November 15, 2006.
Ralph De Stefano,
Director, Contract Policy Division.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 25 and 52, which 
was published at 71 FR 20305, April 19, 2006, is adopted as a final 
rule without change.
[FR Doc. 06-9307 Filed 11-21-06; 8:45 am]
BILLING CODE 6820-EP-S