Federal Acquisition Regulation; Federal Acquisition Circular 2005-19; Small Entity Compliance Guide, 46363-46366 [07-3805]

Download as PDF Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.212–5 by revising the date of the clause and adding paragraph (c)(5) to read as follows: I 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive * * * * * CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS–COMMERCIAL ITEMS (AUG 2007) * * * * * (c) * * * lll (5) 52.237–11, Accepting and Dispensing of $1 Coin (AUG 2007)(31 U.S.C. 5112(p)(1)). * * * * * I 4. Add section 52.237–11 to read as follows: 52.237–11 Coin. Accepting and Dispensing of $1 As prescribed in 37.116–2, insert the following clause: ACCEPTING AND DISPENSING OF $1 COIN (AUG 2007) (a) This clause applies to service contracts that involve business operations conducted in U.S. coin and currency, including vending machines, on any premises owned by the United States or under the control of any agency or instrumentality of the United States. All such business operations must be compliant with the requirements in paragraphs (b) and (c) of this clause on and after January 1, 2008. (b) All business operations conducted under this contract that involve coins or currency, including vending machines, shall be fully capable of accepting and dispensing $1 coins in connection with such operations. (c) The Contractor shall ensure that signs and notices are displayed denoting the capability of accepting and dispensing $1 coins with business operations on all premises where coins or currency are accepted or dispensed, including on each vending machine. (End of clause) [FR Doc. 07–3803 Filed 8–16–07; 8:45 am] sroberts on PROD1PC70 with RULES BILLING CODE 6820–EP–S implemented by this section is available to the Department of Defense and the National Aeronautics and Space Administration; this statutory authority is not available to the United States Coast Guard. * * * * * * * * 48 CFR Parts 31, 32, and 52 32.006–2 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION [FAC 2005–19; Item XIII; Docket FAR–2007– 0003; Sequence 2] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: SUMMARY: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective Date: August 17, 2007. 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 2005–19, Technical Amendments. List of Subjects in 48 CFR Parts 31, 32, and 52 Government procurement. Dated: July 30, 2007. Al Matera, Acting Director, Contract Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR parts 31, 32, and 52 as set forth below: I 1. The authority citation for 48 CFR parts 31, 32, 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). 52.212–5 [Amended] 5. Amend section 52.212–5 by— a. Revising the date of clause to read ‘‘(AUG 2007)’’; I b. Adding ‘‘(AUG 2006)’’ after the word ‘‘Set-Aside’’ in newly designated paragraph (b)(30); and I c. Adding ‘‘(AUG 2006)’’ after the word ‘‘Area’’ in newly designated paragraph (b)(31). I I 52.232–16 [Amended] 6. Amend section 52.232–16 by removing from the introductory text of paragraph (c) ‘‘acquisitions’’ and adding ‘‘actions’’ in its place. I 52.245–1 [Amended] 7. Amend section 52.245–1 by removing from paragraph (e)(3)(iii) ‘‘(e)(3)(i)’’ and adding ‘‘(e)(3)(iii)’’ in its place. I [FR Doc. 07–3804 Filed 8–16–07; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 31.201–5 [Docket FAR—2007—0002, Sequence 4] [Amended] 2. Amend section 31.201–5 by removing ‘‘31.205–6(j)(4)’’ and adding ‘‘31.205–6(j)(3)’’ in its place. I PART 32—CONTRACT FINANCING 3. Amend section 32.006–1 by revising the first sentence of paragraph (a); and by removing from paragraph (b) ‘‘10 U.S.C. 2307(h)(2)’’ and adding ‘‘10 U.S.C. 2307(i)(2)’’ in its place. The revised text reads as follows: I Jkt 211001 PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 48 CFR Chapter 1 General. (a) Under Title 10 of the United States Code, the statutory authority 16:40 Aug 16, 2007 [Amended] 4. Amend section 32.006–2 by removing ‘‘10 U.S.C. 2307(h)(10)’’ and adding ‘‘10 U.S.C. 2307(i)(10)’’ in its place. I PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES 32.006–1 VerDate Aug<31>2005 46363 PO 00000 Frm 00041 Fmt 4701 Sfmt 4700 Federal Acquisition Regulation; Federal Acquisition Circular 2005–19; 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 E:\FR\FM\17AUR2.SGM 17AUR2 46364 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 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) 2005–19 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 2005–19 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 2005–19 Item Subject I ............ II ........... III .......... *IV ........ V ........... VI .......... *VII ....... VIII ........ IX .......... X ........... XI .......... XII ......... XIII ........ Reporting of Purchases from Overseas Sources ............................................................................ Changes to Lobbying Restrictions ................................................................................................... Online Representations and Certifications Application Archiving Capability .................................. Requirement to Purchase Approved Authentication Products and Services .................................. Combating Trafficking in Persons (Interim) ..................................................................................... Emergency Acquisitions ................................................................................................................... Small Business Credit for Alaska Native Corporations and Indian Tribes ...................................... New Designated Countries—Bulgaria, Dominican Republic, and Romania (Interim) .................... Online Representations and Certifications Application Review (Interim) ........................................ Free Trade Agreements— El Salvador, Honduras, and Nicaragua ................................................ Free Trade Agreements—Bahrain and Guatemala ......................................................................... Accepting and Dispensing of $1 Coin (Interim) ............................................................................... Technical Amendments ................................................................................................................... SUPPLEMENTARY INFORMATION: sroberts on PROD1PC70 with RULES 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 2005–19 amends the FAR as specified below: Item I—Reporting of Purchases from Overseas Sources (FAR Case 2005–034) This final rule converts the interim rule to a final rule with a minor change. The interim rule amended FAR Part 25 and added a provision (52.225–18, Place of Manufacture) to implement Section 837 of Division A of the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006 (Pub. L. 109– 115). Section 837 requires the head of each Federal agency to submit a report to Congress relating to acquisitions of articles, materials, or supplies that are manufactured outside the United States. The new provision requests from offerors necessary data regarding place of manufacture. The new provision will require an offeror to indicate whether the place of manufacture of the end products it expects to provide in response to the solicitation is predominantly inside or outside the United States. Whenever the place of manufacture for a contract is coded outside the United States, the contracting officer will be required to enter into FPDS the reason for buying items manufactured outside the United States. In addition, the rule clarifies VerDate Aug<31>2005 16:40 Aug 16, 2007 Jkt 211001 FAR case 2005–034 2005–035 2005–025 2005–017 2005–012 2005–038 2004–017 2006–028 2006–025 2006–006 2006–017 2006–027 Analyst Murphy. Woodson. Woodson. Jackson. Woodson. Clark. Cundiff. Murphy. Woodson. Murphy. Murphy. Jackson. different tests used to determine the country of origin (FAR 25.001) under the Buy American Act and the Trade Agreements Act. Makes the text, provisions, and clauses easier to understand, for both contracting officers and offerors/ contractors. Item II—Changes to Lobbying Restrictions (FAR Case 2005–035) Item III—Online Representations and Certifications Application Archiving Capability (FAR Case 2005–025) This final rule amends the FAR in order to be consistent with the Lobbying Disclosure Act of 1995 and the OMB Interim Final Guidance, and to improve clarity of the regulation through improved use of plain language and compliance with FAR drafting conventions. Among the changes, this final rule— Includes the new concept of ‘‘lobbying contact’’ and brings in the concept of registrants under the Lobbying Act of 1995; Includes the OMB guidance that the term ‘‘appropriated funds’’ does not include profit or fee from a covered Federal action and that to the extent the contractor can demonstrate that the contractor has sufficient monies, other than Federal appropriated funds, the Government will assume that these other monies were spent for any influencing activities that would be unallowable if paid for with Federal appropriated funds; Formalizes in the regulations the changes that were already incorporated in the OMB Form Standard Form LLL, Disclosure of Lobbying Activities; Removes 31 U.S.C. 1352, Limitations on Payment to Influence Certain Federal Transactions), from the list of laws that are inapplicable to subcontracts for the acquisition of commercial item; and PO 00000 Frm 00042 Fmt 4701 Sfmt 4700 This final rule amends the FAR to eliminate confusion between the FAR record retention requirements at FAR 4.803 and the requirements at FAR Subpart 4.12 requiring contractors to submit Annual Representations and Certifications via the Online Representations and Certifications Application (ORCA), a part of the Business Partner Network. Using ORCA eliminates the administrative burden for contractors of submitting the same information to various contracting offices, and establishes a common source for this information to procurement offices throughout the Government. The interim rule published at 71 FR 57362, September 28, 2006, is adopted as final without change. Item IV—Requirement to Purchase Approved Authentication Products and Services (FAR Case 2005–017) This final rule amends the Federal Acquisition Regulation (FAR) to address the acquisition of products and services for personal identity verification that comply with requirements in Homeland Security Presidential Directive (HSPD) 12, ‘‘Policy for a Common Identification Standard for Federal Employees and Contractors,’’ and Federal Information Processing Standards Publication (FIPS PUB) 201, ‘‘Personal Identity E:\FR\FM\17AUR2.SGM 17AUR2 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations Verification of Federal Employees and Contractors.’’ Item V—Combating Trafficking in Persons (FAR Case 2005–012) (Interim) This revised interim rule amends the Federal Acquisition Regulation (FAR) to implement 22 U.S.C. 7104(g). This statute requires that contracts must include a clause that authorizes the department or agency to terminate the contract, if the contractor, contractor employee, subcontractor, or subcontractor employee engages in trafficking in persons. To accurately reflect the statutory language, the revised interim rule provides for contract termination for engaging in severe forms of trafficking in persons or procurement of a commercial sex act during the period of performance of the contract, and provides for contract termination for use of forced labor in the performance of the contract. While the interim rule only applied to contracts for services (other than commercial), this revised interim rule applies to all contracts, including contracts for supplies, and all contracts for commercial items as defined at 2.101. Item VI—Emergency Acquisitions (FAR Case 2005–038) This final rule converts the interim rule published at 71 FR 38247, July 5, 2006, to a final rule with changes. This final rule amends the Federal Acquisition Regulation (FAR) to provide a consolidated reference to acquisition flexibilities that may be used during emergency situations. This change improves the contracting officer’s ability to expedite acquisition of supplies and services during emergency situations. The final rule makes no change to existing contracting policy. sroberts on PROD1PC70 with RULES Item VII—Small Business Credit for Alaska Native Corporations and Indian Tribes (FAR Case 2004–017) This final rule amends the Federal Acquisition Regulation (FAR) to provide that contractors may count subcontracts awarded to Alaskan Native Corporations (ANCs) and Indian tribes towards the satisfaction of goals for subcontracting with small business (SB) and small disadvantaged business (SDB) concerns, regardless of their size. This rule implements Section 702 of Pub. L. 107– 117, as amended by Section 3003 of Pub. L. 107–206. These changes are VerDate Aug<31>2005 16:40 Aug 16, 2007 Jkt 211001 expected to increase subcontracting opportunities for ANCs and Indian tribes, and improve Government and contractor subcontracting performance with these entities. Item VIII—New Designated Countries— Bulgaria, Dominican Republic, and Romania (FAR Case 2006–028) (Interim) This interim rule allows contracting officers to purchase the goods and services of Bulgaria, the Dominican Republic, and Romania without application of the Buy American Act if the acquisition is subject to the Free Trade Agreements. This trade agreement with the Dominican Republic joins the North American Free Trade Agreement (NAFTA), the Australia, Bahrain, Chile, Morocco, and Singapore Free Trade Agreements, and the CAFTA-DR with respect to El Salvador, Guatemala, Honduras, and Nicaragua, which are already in the FAR. The threshold for applicability of the Dominican Republic—Central America—United States Free Trade Agreement is $64,786 for supplies and services (the same as other Free Trade Agreements to date except Morocco, Bahrain, Israel, and Canada) and $7,407,000 for construction (the same as all other Free Trade Agreements to date except NAFTA and Bahrain). Bulgaria and Romania have become parties to the World Trade Organization Government Procurement Agreement, so they are now designated countries. Item IX—Online Representations and Certifications Application (ORCA) Review (FAR Case 2006–025) (Interim) This interim rule amends FAR 23.406 and 23.906, both titled Solicitation provision and contract clause, to revise the prescriptions for the use of 52.223– 9 and 52.223–14 to provide for use under the same circumstances as the prescription for use of their associated provisions. These revisions allow the proper receipt of certification information and ensure compliance with the statutory requirements of 40 CFR Part 247 and 42 U.S.C. 11023. Item X—Free Trade Agreements—El Salvador, Honduras, and Nicaragua (FAR Case 2006–006) This final rule converts the interim rule published at 71 FR 36935, June 28, 2006, to a final rule without change. PO 00000 Frm 00043 Fmt 4701 Sfmt 4700 46365 This rule allows contracting officers to purchase the products of El Salvador, Honduras, and Nicaragua without application of the Buy American Act if the acquisition is subject to the Dominican Republic—Central America—United States Free Trade Agreement (CAFTA-DR). The CAFTADR took effect with respect to El Salvador on March 1, 2006. It took effect with respect to Honduras and Nicaragua on April 1, 2006. This agreement joins the North American Free Trade Agreement (NAFTA) and the Australia, Chile, Morocco, Bahrain, and Singapore Free Trade Agreements which are already in the FAR. The threshold for applicability of the CAFTA-DR is $64,786 for supplies and services, and $7,407,000 for construction. Item XI—Free Trade Agreements— Bahrain and Guatemala (FAR Case 2006–017) This final rule converts the interim rule published at 71 FR 67776, November 22, 2006, to a final rule without change. The rule allows contracting officers to purchase the goods and services of Bahrain and Guatemala without application of the Buy American Act if the acquisition is subject to the Free Trade Agreements. These trade agreements with Bahrain and Guatemala join the North American Free Trade Agreement (NAFTA), the Australia, Chile, Morocco, and Singapore Free Trade Agreements, and the CAFTA-DR with respect to El Salvador, Honduras, and Nicaragua that are already in the FAR. The threshold for applicability of the Dominican Republic—Central America—United States Free Trade Agreement is $64,786 for supplies and services (the same as other Free Trade Agreements to date except Morocco and Canada) and $7,407,000 for construction (the same as all other Free Trade Agreements to date except NAFTA). The threshold for applicability of the Bahrain Free Trade Agreement is $193,000 (the same as the Morocco FTA and the WTO GPA) and $8,422,165 for construction (the same as NAFTA). E:\FR\FM\17AUR2.SGM 17AUR2 46366 Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations Item XII—Accepting and Dispensing of $1 Coin (FAR Case 2006–027) (Interim) sroberts on PROD1PC70 with RULES This interim rule implements the Presidential $1 Coin Act of 2005 (Pub. L. 109–145). The Presidential $1 Coin Act of 2005 requires the Secretary of the Treasury to mint and issue annually four new $1 coins bearing the likenesses of the Presidents of the United States in the order of their service and to continue to mint and issue ‘‘Sacagawea– design’’ coins for circulation. In order to VerDate Aug<31>2005 16:40 Aug 16, 2007 Jkt 211001 promote circulation of the coins, Section 104 of the Public Law also requires that Federal agencies take action so that, by January 1, 2008, entities that operate any business, including vending machines, on any premises owned by the United States or under the control of any agency or instrumentality of the United States, are capable of accepting and dispensing $1 coins and that the entities display notices of this capability on the business premises. PO 00000 Frm 00044 Fmt 4701 Sfmt 4700 Item XIII—Technical Amendments Editorial changes are made at FAR 31.201–5, 32.006–1, 32.006–2, 52.212–5, 52.232–16, and 52.245–1 in order to update references. Dated: July 30, 2007. Al Matera, Acting Director, Contract Policy Division. [FR Doc. 07–3805 Filed 8–16–07; 8:45 am] BILLING CODE 6820–EP–S E:\FR\FM\17AUR2.SGM 17AUR2

Agencies

[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Pages 46363-46366]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-3805]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR--2007--0002, Sequence 4]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-19; 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

[[Page 46364]]

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-
19 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 2005-19 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 2005-19
----------------------------------------------------------------------------------------------------------------
      Item                          Subject                             FAR case                 Analyst
----------------------------------------------------------------------------------------------------------------
I..............  Reporting of Purchases from Overseas Sources.  2005-034                 Murphy.
II.............  Changes to Lobbying Restrictions.............  2005-035                 Woodson.
III............  Online Representations and Certifications      2005-025                 Woodson.
                  Application Archiving Capability.
*IV............  Requirement to Purchase Approved               2005-017                 Jackson.
                  Authentication Products and Services.
V..............  Combating Trafficking in Persons (Interim)...  2005-012                 Woodson.
VI.............  Emergency Acquisitions.......................  2005-038                 Clark.
*VII...........  Small Business Credit for Alaska Native        2004-017                 Cundiff.
                  Corporations and Indian Tribes.
VIII...........  New Designated Countries--Bulgaria, Dominican  2006-028                 Murphy.
                  Republic, and Romania (Interim).
IX.............  Online Representations and Certifications      2006-025                 Woodson.
                  Application Review (Interim).
X..............  Free Trade Agreements-- El Salvador,           2006-006                 Murphy.
                  Honduras, and Nicaragua.
XI.............  Free Trade Agreements--Bahrain and Guatemala.  2006-017                 Murphy.
XII............  Accepting and Dispensing of $1 Coin (Interim)  2006-027                 Jackson.
XIII...........  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 2005-19 amends the FAR as specified below:

Item I--Reporting of Purchases from Overseas Sources (FAR Case 2005-
034)

    This final rule converts the interim rule to a final rule with a 
minor change. The interim rule amended FAR Part 25 and added a 
provision (52.225-18, Place of Manufacture) to implement Section 837 of 
Division A of the Transportation, Treasury, Housing and Urban 
Development, the Judiciary, the District of Columbia, and Independent 
Agencies Appropriations Act, 2006 (Pub. L. 109-115). Section 837 
requires the head of each Federal agency to submit a report to Congress 
relating to acquisitions of articles, materials, or supplies that are 
manufactured outside the United States. The new provision requests from 
offerors necessary data regarding place of manufacture. The new 
provision will require an offeror to indicate whether the place of 
manufacture of the end products it expects to provide in response to 
the solicitation is predominantly inside or outside the United States. 
Whenever the place of manufacture for a contract is coded outside the 
United States, the contracting officer will be required to enter into 
FPDS the reason for buying items manufactured outside the United 
States. In addition, the rule clarifies different tests used to 
determine the country of origin (FAR 25.001) under the Buy American Act 
and the Trade Agreements Act.

Item II--Changes to Lobbying Restrictions (FAR Case 2005-035)

    This final rule amends the FAR in order to be consistent with the 
Lobbying Disclosure Act of 1995 and the OMB Interim Final Guidance, and 
to improve clarity of the regulation through improved use of plain 
language and compliance with FAR drafting conventions. Among the 
changes, this final rule--
    Includes the new concept of ``lobbying contact'' and brings in the 
concept of registrants under the Lobbying Act of 1995;
    Includes the OMB guidance that the term ``appropriated funds'' does 
not include profit or fee from a covered Federal action and that to the 
extent the contractor can demonstrate that the contractor has 
sufficient monies, other than Federal appropriated funds, the 
Government will assume that these other monies were spent for any 
influencing activities that would be unallowable if paid for with 
Federal appropriated funds;
    Formalizes in the regulations the changes that were already 
incorporated in the OMB Form Standard Form LLL, Disclosure of Lobbying 
Activities;
    Removes 31 U.S.C. 1352, Limitations on Payment to Influence Certain 
Federal Transactions), from the list of laws that are inapplicable to 
subcontracts for the acquisition of commercial item; and
    Makes the text, provisions, and clauses easier to understand, for 
both contracting officers and offerors/contractors.

Item III--Online Representations and Certifications Application 
Archiving Capability (FAR Case 2005-025)

    This final rule amends the FAR to eliminate confusion between the 
FAR record retention requirements at FAR 4.803 and the requirements at 
FAR Subpart 4.12 requiring contractors to submit Annual Representations 
and Certifications via the Online Representations and Certifications 
Application (ORCA), a part of the Business Partner Network. Using ORCA 
eliminates the administrative burden for contractors of submitting the 
same information to various contracting offices, and establishes a 
common source for this information to procurement offices throughout 
the Government. The interim rule published at 71 FR 57362, September 
28, 2006, is adopted as final without change.

Item IV--Requirement to Purchase Approved Authentication Products and 
Services (FAR Case 2005-017)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
address the acquisition of products and services for personal identity 
verification that comply with requirements in Homeland Security 
Presidential Directive (HSPD) 12, ``Policy for a Common Identification 
Standard for Federal Employees and Contractors,'' and Federal 
Information Processing Standards Publication (FIPS PUB) 201, ``Personal 
Identity

[[Page 46365]]

Verification of Federal Employees and Contractors.''

Item V--Combating Trafficking in Persons (FAR Case 2005-012) (Interim)

    This revised interim rule amends the Federal Acquisition Regulation 
(FAR) to implement 22 U.S.C. 7104(g). This statute requires that 
contracts must include a clause that authorizes the department or 
agency to terminate the contract, if the contractor, contractor 
employee, subcontractor, or subcontractor employee engages in 
trafficking in persons. To accurately reflect the statutory language, 
the revised interim rule provides for contract termination for engaging 
in severe forms of trafficking in persons or procurement of a 
commercial sex act during the period of performance of the contract, 
and provides for contract termination for use of forced labor in the 
performance of the contract. While the interim rule only applied to 
contracts for services (other than commercial), this revised interim 
rule applies to all contracts, including contracts for supplies, and 
all contracts for commercial items as defined at 2.101.

Item VI--Emergency Acquisitions (FAR Case 2005-038)

    This final rule converts the interim rule published at 71 FR 38247, 
July 5, 2006, to a final rule with changes. This final rule amends the 
Federal Acquisition Regulation (FAR) to provide a consolidated 
reference to acquisition flexibilities that may be used during 
emergency situations. This change improves the contracting officer's 
ability to expedite acquisition of supplies and services during 
emergency situations. The final rule makes no change to existing 
contracting policy.

Item VII--Small Business Credit for Alaska Native Corporations and 
Indian Tribes (FAR Case 2004-017)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
provide that contractors may count subcontracts awarded to Alaskan 
Native Corporations (ANCs) and Indian tribes towards the satisfaction 
of goals for subcontracting with small business (SB) and small 
disadvantaged business (SDB) concerns, regardless of their size. This 
rule implements Section 702 of Pub. L. 107-117, as amended by Section 
3003 of Pub. L. 107-206. These changes are expected to increase 
subcontracting opportunities for ANCs and Indian tribes, and improve 
Government and contractor subcontracting performance with these 
entities.

Item VIII--New Designated Countries--Bulgaria, Dominican Republic, and 
Romania (FAR Case 2006-028) (Interim)

    This interim rule allows contracting officers to purchase the goods 
and services of Bulgaria, the Dominican Republic, and Romania without 
application of the Buy American Act if the acquisition is subject to 
the Free Trade Agreements. This trade agreement with the Dominican 
Republic joins the North American Free Trade Agreement (NAFTA), the 
Australia, Bahrain, Chile, Morocco, and Singapore Free Trade 
Agreements, and the CAFTA-DR with respect to El Salvador, Guatemala, 
Honduras, and Nicaragua, which are already in the FAR. The threshold 
for applicability of the Dominican Republic--Central America--United 
States Free Trade Agreement is $64,786 for supplies and services (the 
same as other Free Trade Agreements to date except Morocco, Bahrain, 
Israel, and Canada) and $7,407,000 for construction (the same as all 
other Free Trade Agreements to date except NAFTA and Bahrain). Bulgaria 
and Romania have become parties to the World Trade Organization 
Government Procurement Agreement, so they are now designated countries.

Item IX--Online Representations and Certifications Application (ORCA) 
Review (FAR Case 2006-025) (Interim)

    This interim rule amends FAR 23.406 and 23.906, both titled 
Solicitation provision and contract clause, to revise the prescriptions 
for the use of 52.223-9 and 52.223-14 to provide for use under the same 
circumstances as the prescription for use of their associated 
provisions. These revisions allow the proper receipt of certification 
information and ensure compliance with the statutory requirements of 40 
CFR Part 247 and 42 U.S.C. 11023.

Item X--Free Trade Agreements--El Salvador, Honduras, and Nicaragua 
(FAR Case 2006-006)

    This final rule converts the interim rule published at 71 FR 36935, 
June 28, 2006, to a final rule without change. This rule allows 
contracting officers to purchase the products of El Salvador, Honduras, 
and Nicaragua without application of the Buy American Act if the 
acquisition is subject to the Dominican Republic--Central America--
United States Free Trade Agreement (CAFTA-DR). The CAFTA-DR took effect 
with respect to El Salvador on March 1, 2006. It took effect with 
respect to Honduras and Nicaragua on April 1, 2006. This agreement 
joins the North American Free Trade Agreement (NAFTA) and the 
Australia, Chile, Morocco, Bahrain, and Singapore Free Trade Agreements 
which are already in the FAR. The threshold for applicability of the 
CAFTA-DR is $64,786 for supplies and services, and $7,407,000 for 
construction.

Item XI--Free Trade Agreements--Bahrain and Guatemala (FAR Case 2006-
017)

    This final rule converts the interim rule published at 71 FR 67776, 
November 22, 2006, to a final rule without change. The rule allows 
contracting officers to purchase the goods and services of Bahrain and 
Guatemala without application of the Buy American Act if the 
acquisition is subject to the Free Trade Agreements. These trade 
agreements with Bahrain and Guatemala join the North American Free 
Trade Agreement (NAFTA), the Australia, Chile, Morocco, and Singapore 
Free Trade Agreements, and the CAFTA-DR with respect to El Salvador, 
Honduras, and Nicaragua that are already in the FAR. The threshold for 
applicability of the Dominican Republic--Central America--United States 
Free Trade Agreement is $64,786 for supplies and services (the same as 
other Free Trade Agreements to date except Morocco and Canada) and 
$7,407,000 for construction (the same as all other Free Trade 
Agreements to date except NAFTA). The threshold for applicability of 
the Bahrain Free Trade Agreement is $193,000 (the same as the Morocco 
FTA and the WTO GPA) and $8,422,165 for construction (the same as 
NAFTA).

[[Page 46366]]

Item XII--Accepting and Dispensing of $1 Coin (FAR Case 2006-027) 
(Interim)

    This interim rule implements the Presidential $1 Coin Act of 2005 
(Pub. L. 109-145). The Presidential $1 Coin Act of 2005 requires the 
Secretary of the Treasury to mint and issue annually four new $1 coins 
bearing the likenesses of the Presidents of the United States in the 
order of their service and to continue to mint and issue ``Sacagawea-
design'' coins for circulation. In order to promote circulation of the 
coins, Section 104 of the Public Law also requires that Federal 
agencies take action so that, by January 1, 2008, entities that operate 
any business, including vending machines, on any premises owned by the 
United States or under the control of any agency or instrumentality of 
the United States, are capable of accepting and dispensing $1 coins and 
that the entities display notices of this capability on the business 
premises.

Item XIII--Technical Amendments

    Editorial changes are made at FAR 31.201-5, 32.006-1, 32.006-2, 
52.212-5, 52.232-16, and 52.245-1 in order to update references.

    Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.
[FR Doc. 07-3805 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S