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