Federal Acquisition Regulation; Federal Acquisition Circular 2005-18; Small Entity Compliance Guide, 36856-36857 [07-3278]

Download as PDF 36856 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations threshold as long as the original contract was competed. (c) An 8(a) concern may continue to accept new orders under a multiple award, Federal Supply Schedule (FSS), multi-agency contract or Governmentwide acquisition contract even after a concern’s program term expires, the concern otherwise exits the 8(a) Program, or the concern becomes other than small for the NAICS code assigned under the contract. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 12. Amend section 52.212–5 by— a. Revising the date of the clause and paragraph (b)(14); I b. Redesignating paragraphs (b)(15) through (36) as paragraphs (b)(16) through (37) respectively; and I c. Adding a new paragraph (b)(15). I The revised and added text read as follows: I I 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUNE 2007) * * * * * (b) * * * ll (14) 52.219–27, Notice of Total Service-Disabled Veteran-Owned Small Business Set-Aside (May 2004)(15 U.S.C. 657 f). ll (15) 52.219–28, Post Award Small Business Program Rerepresentation (JUNE 2007) (15 U.S.C. 632(a)(2)). * * * * * I 13. Add section 52.219–28 to read as follows: 52.219–28 Post-Award Small Business Program Rerepresentation. As prescribed in 19.308(d), insert the following clause: jlentini on PROD1PC65 with RULES4 POST-AWARD SMALL BUSINESS PROGRAM REREPRESENTATION (JUNE 2007) (a) Definitions. As used in this clause— Long-term contract means a contract of more than five years in duration, including options. However, the term does not include contracts that exceed five years in duration because the period of performance has been extended for a cumulative period not to exceed six months under the clause at 52.217–8, Option to Extend Services, or other appropriate authority. Small business concern means a concern, including its affiliates, that is independently VerDate Aug<31>2005 19:33 Jul 03, 2007 Jkt 211001 owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the criteria in 13 CFR part 121 and the size standard in paragraph (c) of this clause. (b) If the Contractor represented that it was a small business concern prior to award of this contract, the Contractor shall rerepresent its size status according to paragraph (e) of this clause or, if applicable, paragraph (g) of this clause, upon the occurrence of any of the following: (1) Within 30 days after execution of a novation agreement or within 30 days after modification of the contract to include this clause, if the novation agreement was executed prior to inclusion of this clause in the contract. (2) Within 30 days after a merger or acquisition that does not require a novation or within 30 days after modification of the contract to include this clause, if the merger or acquisition occurred prior to inclusion of this clause in the contract. (3) For long-term contracts— (i) Within 60 to 120 days prior to the end of the fifth year of the contract; and (ii) Within 60 to 120 days prior to the exercise date specified in the contract for any option thereafter. (c) The Contractor shall rerepresent its size status in accordance with the size standard in effect at the time of this rerepresentation that corresponds to the North American Industry Classification System (NAICS) code assigned to this contract. The small business size standard corresponding to this NAICS code can be found at http://www.sba.gov/ services/contractingopportunities/ sizestandardstopics/. (d) The small business size standard for a Contractor providing a product which it does not manufacture itself, for a contract other than a construction or service contract, is 500 employees. (e) Except as provided in paragraph (g) of this clause, the Contractor shall make the rerepresentation required by paragraph (b) of this clause by validating or updating all its representations in the Online Representations and Certifications Application and its data in the Central Contractor Registration, as necessary, to ensure they reflect current status. The Contractor shall notify the contracting office by e-mail, or otherwise in writing, that the data have been validated or updated, and provide the date of the validation or update. (f) If the Contractor represented that it was other than a small business concern prior to award of this contract, the Contractor may, but is not required to, take the actions required by paragraphs (e) or (g) of this clause. (g) If the Contractor does not have representations and certifications in ORCA, or does not have a representation in ORCA for the NAICS code applicable to this contract, the Contractor is required to PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 complete the following rerepresentation and submit it to the contracting office, along with the contract number and the date on which the rerepresentation was completed: The Contractor represents that it b is, b is not a small business concern under NAICS Code lllllll assigned to contract number lllllllll. [Contractor to sign and date and insert authorized signer’s name and title]. (End of clause) [FR Doc. 07–3279 Filed 7–2–07; 11:18 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR–2007–002, Sequence 3] Federal Acquisition Regulation; Federal Acquisition Circular 2005–18; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. AGENCIES: 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 the rule appearing in Federal Acquisition Circular (FAC) 2005–18 which amends the FAR. An asterisk (*) next to the rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2005–18 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. E:\FR\FM\05JYR4.SGM 05JYR4 36857 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations RULE LISTED IN FAC 2005–18 Item Subject *I ........... Small Business Size Rerepresentation ........................................................................................... Item I-Small Business Size Rerepresentation (FAR Case 2006-032) jlentini on PROD1PC65 with RULES4 This interim rule amends the FAR to implement the Small Business Administration’s (SBA) final rule published on November 15, 2006 (71 FR 66434), entitled ‘‘Small Business Size Regulations; Size for Purposes of Governmentwide Acquisition Contracts, Multiple Award Schedule Contracts and Other Long-Term Contracts; 8(a) Business Development/Small Disadvantaged Business; Business Status Determinations.’’ The purpose of VerDate Aug<31>2005 19:33 Jul 03, 2007 Jkt 211001 FAR case the SBA rule and this FAR rule is to improve the accuracy of small business size status reporting, at the prime contract level, over the life of certain contracts (long-term contracts, contracts involving novations, acquisitions, and mergers). Contractors will be required to rerepresent their size status on contracts prior to the end of the fifth year of a contract that is more than five years in duration (long-term contract); prior to exercising any option thereafter; following execution of a novation agreement; or following a merger or PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 2006–032 Analyst Cundiff. acquisition of the contractor, regardless of whether there is a novation agreement. A change in the size status does not change the terms and conditions of the contract, but the agency may no longer include the value of options exercised or orders issued against the contract in its small business prime contracting goal achievements. Dated: June 29, 2007. Michael Jackson, Acting Director, Contract Policy Division. [FR Doc. 07–3278 Filed 7–2–07; 11:18 am] BILLING CODE 6820–EP–S E:\FR\FM\05JYR4.SGM 05JYR4

Agencies

[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Rules and Regulations]
[Pages 36856-36857]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3278]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR-2007-002, Sequence 3]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-18; 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 the rule appearing in Federal 
Acquisition Circular (FAC) 2005-18 which amends the FAR. An asterisk 
(*) next to the rule indicates that a regulatory flexibility analysis 
has been prepared. Interested parties may obtain further information 
regarding this rule by referring to FAC 2005-18 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.

[[Page 36857]]



                                           Rule listed in FAC 2005-18
----------------------------------------------------------------------------------------------------------------
      Item                          Subject                             FAR case                 Analyst
----------------------------------------------------------------------------------------------------------------
*I.............  Small Business Size Rerepresentation.........  2006-032                 Cundiff.
----------------------------------------------------------------------------------------------------------------

Item I-Small Business Size Rerepresentation (FAR Case 2006-032)

    This interim rule amends the FAR to implement the Small Business 
Administration's (SBA) final rule published on November 15, 2006 (71 FR 
66434), entitled ``Small Business Size Regulations; Size for Purposes 
of Governmentwide Acquisition Contracts, Multiple Award Schedule 
Contracts and Other Long-Term Contracts; 8(a) Business Development/
Small Disadvantaged Business; Business Status Determinations.'' The 
purpose of the SBA rule and this FAR rule is to improve the accuracy of 
small business size status reporting, at the prime contract level, over 
the life of certain contracts (long-term contracts, contracts involving 
novations, acquisitions, and mergers). Contractors will be required to 
rerepresent their size status on contracts prior to the end of the 
fifth year of a contract that is more than five years in duration 
(long-term contract); prior to exercising any option thereafter; 
following execution of a novation agreement; or following a merger or 
acquisition of the contractor, regardless of whether there is a 
novation agreement. A change in the size status does not change the 
terms and conditions of the contract, but the agency may no longer 
include the value of options exercised or orders issued against the 
contract in its small business prime contracting goal achievements.

    Dated: June 29, 2007.
Michael Jackson,
Acting Director, Contract Policy Division.
[FR Doc. 07-3278 Filed 7-2-07; 11:18 am]
BILLING CODE 6820-EP-S