Federal Acquisition Regulation; Federal Acquisition Circular 2005-16; Small Entity Compliance Guide, 13589-13590 [07-1355]
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Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations
13589
respectively, and adding a new
paragraph (b)(10) to read as follows:
and National Aeronautics and Space
Administration (NASA).
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
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 the
rule merely clarifies existing language
and does not change existing policy.
ACTION:
*
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.
*
*
*
*
CONTRACT TERMS AND CONDITIONS
REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS— COMMERCIAL
ITEMS (MAR 2007)
*
*
*
*
*
(b) * * *
l(10) 52.219–16, Liquidated
Damages—Subcontracting Plan (JAN
1999) (15 U.S.C. 637(d)(4)(F)(i)).
*
*
*
*
*
[FR Doc. 07–1360 Filed 3–21–07; 8:45 am]
List of Subjects in 48 CFR Part 52
Government procurement.
BILLING CODE 6820–EP–S
Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
Therefore, DoD, GSA, and NASA
amend 48 CFR part 52 as set forth
below:
I
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1. The authority citation for 48 CFR
part 52 continues to read as follows:
I
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR—2007–0002, Sequence 1]
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 52.212–5 by
revising the date of the clause;
redesignating paragraphs (b)(10) through
(b)(35) as (b)(11) through (b)(36),
I
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–16;
Small Entity Compliance Guide
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) 2005–16 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
2005–16 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 2005–16
Item
Subject
I ............
II ...........
III ..........
IV ..........
Implementation of Wage Determinations OnLine (WDOL) .............................................................
Termination or Cancellation of Purchase Orders ............................................................................
Contracts with Religious Entities (Interim) .......................................................................................
Contract Terms and Conditions Required to Implement Statute or Executive Orders—Commercial Items.
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 2005–16 amends the FAR as
specified below:
sroberts on PROD1PC70 with RULES
Item I—Implementation of Wage
Determinations OnLine (WDOL) (FAR
Case 2005–033)
This final rule implements the
Department of Labor (DOL) Wage
Determinations OnLine (WDOL)
Internet website as the source for
Federal contracting agencies to obtain
wage determinations issued by the DOL
VerDate Aug<31>2005
14:08 Mar 21, 2007
Jkt 211001
FAR case
for service contracts subject to the
McNamara-O’Hara Service Contract Act
(SCA) and for construction contracts
subject to the Davis-Bacon Act (DBA).
The rule amends the FAR to direct
Federal contracting agencies to obtain
DBA and SCA wage determinations
from the WDOL website.
The WDOL and e98 processes replace
the paper Standard Forms 98 and 98a.
In addition, Standard Forms 98, 98a,
and 99 are deleted from FAR Part 53.
This final rule also incorporates new
geographical jurisdictions for DOL’s
Wage and Hour Regional Offices and
eliminates FAR references to the
Government Printing Office publication
of general wage determinations.
PO 00000
Frm 00007
Fmt 4701
Sfmt 4700
2005–033
2005–029
2006–019
2006–012
Analyst
Woodson.
Jackson.
Woodson.
Jackson.
Item II—Termination or Cancellation of
Purchase Orders (FAR Case 2005–029)
The rule revises the Federal
Acquisition Regulation (FAR) to correct
the inadvertent omission of an
appropriate reference in FAR Part
13.302–4(a) for termination for cause of
those purchase orders that have been
accepted in writing. This FAR revision
is a correction to a reference and not a
change to the contract termination
options available in 52.212–4(l) or (m).
If a purchase order that has been
accepted in writing by the contractor is
to be terminated, contracting officers
have the option to terminate for cause
as well as terminate for convenience.
E:\FR\FM\22MRR3.SGM
22MRR3
13590
Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations
Item III—Contracts with Religious
Entities (FAR Case 2006–019) (Interim)
sroberts on PROD1PC70 with RULES
This interim rule amends FAR
Subpart 22.8, Equal Employment
Opportunity, and the associated clause
at 52.222–26, Equal Opportunity, to add
an exemption for religious entities to the
prohibition of discrimination on the
basis of religion. Executive Order (E.O.)
13279 amended Section 204 of E.O.
11246 to permit religious entities to
consider employment of individuals of
a particular religion to perform work
connected with carrying on the entity’s
activities. Religious entities remain
VerDate Aug<31>2005
14:08 Mar 21, 2007
Jkt 211001
subject to other Equal Employment
Opportunity requirements. When
awarding a contract to a religious entity
that contains the clause at FAR 52.222–
26, Equal Opportunity, the requirements
of the clause with respect to
employment of individuals of a
particular religion to perform work
connected with the carrying on of the
contractor’s activities do not apply to a
contractor that is a religious
corporation, association, educational
institution, or society.
PO 00000
Item IV—Contract Terms and
Conditions Required to Implement
Statute or Executive Orders—
Commercial Items (FAR Case 2006–012)
The final rule revises the Federal
Acquisition Regulation (FAR) to update
the required contract clauses that
implement provisions of law or
executive orders for acquisitions of
commercial items.
Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
[FR Doc. 07–1355 Filed 3–21–07; 8:45 am]
BILLING CODE 6820–EP–S
Frm 00008
Fmt 4701
Sfmt 4700
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22MRR3
]]>Agencies
[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Rules and Regulations]
[Pages 13589-13590]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-1355]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR--2007-0002, Sequence 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-16; 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) 2005-16 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 2005-16 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.
List of Rules in FAC 2005-16
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I.............. Implementation of Wage Determinations OnLine 2005-033 Woodson.
(WDOL).
II............. Termination or Cancellation of Purchase 2005-029 Jackson.
Orders.
III............ Contracts with Religious Entities (Interim).. 2006-019 Woodson.
IV............. Contract Terms and Conditions Required to 2006-012 Jackson.
Implement Statute or Executive Orders--
Commercial Items.
----------------------------------------------------------------------------------------------------------------
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 2005-16 amends the FAR as specified below:
Item I--Implementation of Wage Determinations OnLine (WDOL) (FAR Case
2005-033)
This final rule implements the Department of Labor (DOL) Wage
Determinations OnLine (WDOL) Internet website as the source for Federal
contracting agencies to obtain wage determinations issued by the DOL
for service contracts subject to the McNamara-O'Hara Service Contract
Act (SCA) and for construction contracts subject to the Davis-Bacon Act
(DBA). The rule amends the FAR to direct Federal contracting agencies
to obtain DBA and SCA wage determinations from the WDOL website.
The WDOL and e98 processes replace the paper Standard Forms 98 and
98a. In addition, Standard Forms 98, 98a, and 99 are deleted from FAR
Part 53. This final rule also incorporates new geographical
jurisdictions for DOL's Wage and Hour Regional Offices and eliminates
FAR references to the Government Printing Office publication of general
wage determinations.
Item II--Termination or Cancellation of Purchase Orders (FAR Case 2005-
029)
The rule revises the Federal Acquisition Regulation (FAR) to
correct the inadvertent omission of an appropriate reference in FAR
Part 13.302-4(a) for termination for cause of those purchase orders
that have been accepted in writing. This FAR revision is a correction
to a reference and not a change to the contract termination options
available in 52.212-4(l) or (m). If a purchase order that has been
accepted in writing by the contractor is to be terminated, contracting
officers have the option to terminate for cause as well as terminate
for convenience.
[[Page 13590]]
Item III--Contracts with Religious Entities (FAR Case 2006-019)
(Interim)
This interim rule amends FAR Subpart 22.8, Equal Employment
Opportunity, and the associated clause at 52.222-26, Equal Opportunity,
to add an exemption for religious entities to the prohibition of
discrimination on the basis of religion. Executive Order (E.O.) 13279
amended Section 204 of E.O. 11246 to permit religious entities to
consider employment of individuals of a particular religion to perform
work connected with carrying on the entity's activities. Religious
entities remain subject to other Equal Employment Opportunity
requirements. When awarding a contract to a religious entity that
contains the clause at FAR 52.222-26, Equal Opportunity, the
requirements of the clause with respect to employment of individuals of
a particular religion to perform work connected with the carrying on of
the contractor's activities do not apply to a contractor that is a
religious corporation, association, educational institution, or
society.
Item IV--Contract Terms and Conditions Required to Implement Statute or
Executive Orders--Commercial Items (FAR Case 2006-012)
The final rule revises the Federal Acquisition Regulation (FAR) to
update the required contract clauses that implement provisions of law
or executive orders for acquisitions of commercial items.
Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
[FR Doc. 07-1355 Filed 3-21-07; 8:45 am]
BILLING CODE 6820-EP-S
