Federal Acquisition Regulation; Federal Acquisition Circular 2005-23; Small Entity Compliance Guide, 73222-73223 [E7-24940]

Download as PDF 73222 Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations (2) The contracting officer shall— (i) Review the proposed terms to ensure they comply with this section; and (ii) Use the adjustment method at 32.205(c) if the price is to be adjusted for evaluation purposes in accordance with paragraph (e)(1)(ii) of this section. I 7. Revise section 32.1005 to read as follows: 32.1005 Solicitation provision and contract clause. (a) Insert the clause at 52.232–32, Performance-Based Payments, in— (1) Solicitations that may result in contracts providing for performancebased payments; and (2) Fixed-price contracts under which the Government will provide performance-based payments. (b)(1) Insert the solicitation provision at 52.232–28, Invitation to Propose Performance-Based Payments, in negotiated solicitations that invite offerors to propose performance-based payments. (2) Use the provision with its Alternate I in competitive negotiated solicitations if the Government intends to adjust proposed prices for proposal evaluation purposes (see 32.1004(e)). I 8. Revise section 32.1007 to read as follows: 32.1007 Administration and payment of performance-based payments. (a) Responsibility. The contracting officer responsible for administering performance-based payments (see 42.302(a)(12)) for the contract shall review and approve all performancebased payments for that contract. (b) Approval of financing requests. Unless otherwise provided in agency regulations, or by agreement with the appropriate payment official— (1) The contracting officer shall be responsible for receiving, approving, and transmitting all performance-based payment requests to the appropriate payment office; and (2) Each approval shall specify the amount to be paid, necessary contractual information, and the appropriation account(s) (see 32.1004(c)) to be charged for the payment. (c) Reviews. The contracting officer is responsible for determining what reviews are required for protection of the Government’s interests. The contracting officer should consider the contractor’s experience, performance record, reliability, financial strength, and the adequacy of controls established by the contractor for the administration of performance-based payments. Based upon the risk to the Government, postpayment reviews and verifications should normally be arranged as considered appropriate by the contracting officer. If considered necessary by the contracting officer, prepayment reviews may be required. (d) Incomplete performance. The contracting officer shall not approve a performance-based payment until the specified event or performance criterion has been successfully accomplished in accordance with the contract. If an event is cumulative, the contracting officer shall not approve the performancebased payment unless all identified preceding events or criteria are accomplished. (e) Government-caused delay. Entitlement to a performance-based payment is solely on the basis of successful performance of the specified events or performance criteria. However, if there is a Governmentcaused delay, the contracting officer may renegotiate the performance-based payment schedule to facilitate contractor billings for any successfully accomplished portions of the delayed event or criterion. 32.1009 [Amended] 9. Amend section 32.1009 by removing from the first sentence in paragraph (a) the word ‘‘must’’ and adding ‘‘shall’’ in its place. I PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 10. Amend section 52.232–32 by— a. Revising the clause date; b. Revising the second sentence of paragraph (c)(2); and I c. Removing from the first sentence of paragraph (f)(5) the word ‘‘must’’ and adding ‘‘shall’’ in its place. I I I 52.232–32 Performance-based payments. * * * * * PERFORMANCE–BASED PAYMENTS (JAN 2008) (c) * * * (2) * * * The designated payment office will pay approved requests on the lllll [Contracting Officer insert day as prescribed by agency head; if not prescribed, insert ‘‘30th’’] day after receipt of the request for performance-based payment by the designated payment office. * * * * * * * * [FR Doc. E7–24939 Filed 12–21–07; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR–2007–0002, Sequence 9] Federal Acquisition Regulation; Federal Acquisition Circular 2005–23; 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 rules appearing in Federal Acquisition Circular (FAC) 2005–23 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 2005–23 which precedes this document. These documents are also available via the Internet at http:// www.regulations.gov. FOR FURTHER INFORMATION CONTACT: Diedra Wingate, FAR Secretariat, (202) 208–4052. For clarification of content, contact the analyst whose name appears in the table below. sroberts on PROD1PC70 with RULES LIST OF RULES IN FAC 2005–23 Item Subject I * ....................... II ........................ III ....................... Electronic Products Environmental Assessment Tool (EPEAT) (Interim) .......................................... Contracts with Religious Entities ........................................................................................................ Performance-Based Payments ........................................................................................................... VerDate Aug<31>2005 20:06 Dec 21, 2007 Jkt 214001 PO 00000 Frm 00010 Fmt 4701 FAR case Sfmt 4700 E:\FR\FM\26DER4.SGM 26DER4 2006–030 2006–019 2005–016 Analyst Clark. Woodson. Murphy. Federal Register / Vol. 72, No. 246 / Wednesday, December 26, 2007 / Rules and Regulations 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 2005–23 amends the FAR as specified below: sroberts on PROD1PC70 with RULES Item I—Electronic Products Environmental Assessment Tool (EPEAT) (FAR Case 2006–030) (Interim) This interim rule amends the Federal Acquisition Regulation (FAR) to require use of the Electronic Products Environmental Assessment Tool (EPEAT) when acquiring personal computer products such as desktops, notebooks (also known as laptops), and monitors pursuant to the Energy Policy Act of 2005 and Executive Order 13423, ‘‘Strengthening Federal Environmental, Energy, and Transportation Management.’’ The interim rule revises Subpart 23.7, and prescribes a new clause in 52.223 (also included in 52.212–5 for acquisition of commercial VerDate Aug<31>2005 18:52 Dec 21, 2007 Jkt 214001 items) in all solicitations and contracts for the acquisition of personal computer products, services that require furnishing of personal computer products for use by the Government, and services for contractor operation of Government-owned facilities. Item II—Contracts With Religious Entities (FAR Case 2006–019) This final rule adopts as final, without change, the interim rule published in the Federal Register on March 22, 2007. The interim rule amended the Federal Acquisition Regulation (FAR) Parts 22 and 52 to implement Executive Order (E.O.) 11246, as amended, Equal Employment Opportunity, to incorporate the exemption for religious entities prescribed in E.O. 13279. Section 4 of E.O. 13279 amended Section 204 of E.O. 11246 to exempt religious corporations, associations, educational institutions and societies from certain nondiscrimination requirements. E.O. 11246, as amended, permits religious entities to consider employment of individuals of a PO 00000 Frm 00011 Fmt 4701 Sfmt 4700 73223 particular religion to perform work connected with carrying on the entity’s activities. Religious entities are not exempt from other requirements of the executive order. Item III—Performance-Based Payments (FAR Case 2005–016) This final rule amends the Federal Acquisition Regulation to increase the use of performance-based payments as the method of contract financing on Federal Government contracts and improve the efficiency of performancebased payments when used on these contracts. These changes originated from recommendations submitted by the Department of Defense PerformanceBased Payments Working Group in their March 8, 2005, report. Dated: December 19, 2007. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E7–24940 Filed 12–21–07; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\26DER4.SGM 26DER4

Agencies

[Federal Register Volume 72, Number 246 (Wednesday, December 26, 2007)]
[Rules and Regulations]
[Pages 73222-73223]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-24940]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR-2007-0002, Sequence 9]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-23; 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) 2005-23 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 2005-23 which precedes this 
document. These documents are also available via the Internet at http:/
/www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Diedra Wingate, FAR Secretariat, (202) 
208-4052. For clarification of content, contact the analyst whose name 
appears in the table below.

                      List of Rules in FAC 2005-23
------------------------------------------------------------------------
          Item                Subject         FAR case       Analyst
------------------------------------------------------------------------
I *....................  Electronic            2006-030  Clark.
                          Products
                          Environmental
                          Assessment Tool
                          (EPEAT)
                          (Interim).
II.....................  Contracts with        2006-019  Woodson.
                          Religious
                          Entities.
III....................  Performance-Based     2005-016  Murphy.
                          Payments.
------------------------------------------------------------------------


[[Page 73223]]


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 2005-23 amends the FAR as specified below:

Item I--Electronic Products Environmental Assessment Tool (EPEAT) (FAR 
Case 2006-030) (Interim)

    This interim rule amends the Federal Acquisition Regulation (FAR) 
to require use of the Electronic Products Environmental Assessment Tool 
(EPEAT) when acquiring personal computer products such as desktops, 
notebooks (also known as laptops), and monitors pursuant to the Energy 
Policy Act of 2005 and Executive Order 13423, ``Strengthening Federal 
Environmental, Energy, and Transportation Management.'' The interim 
rule revises Subpart 23.7, and prescribes a new clause in 52.223 (also 
included in 52.212-5 for acquisition of commercial items) in all 
solicitations and contracts for the acquisition of personal computer 
products, services that require furnishing of personal computer 
products for use by the Government, and services for contractor 
operation of Government-owned facilities.

Item II--Contracts With Religious Entities (FAR Case 2006-019)

    This final rule adopts as final, without change, the interim rule 
published in the Federal Register on March 22, 2007. The interim rule 
amended the Federal Acquisition Regulation (FAR) Parts 22 and 52 to 
implement Executive Order (E.O.) 11246, as amended, Equal Employment 
Opportunity, to incorporate the exemption for religious entities 
prescribed in E.O. 13279. Section 4 of E.O. 13279 amended Section 204 
of E.O. 11246 to exempt religious corporations, associations, 
educational institutions and societies from certain nondiscrimination 
requirements. E.O. 11246, as amended, permits religious entities to 
consider employment of individuals of a particular religion to perform 
work connected with carrying on the entity's activities. Religious 
entities are not exempt from other requirements of the executive order.

Item III--Performance-Based Payments (FAR Case 2005-016)

    This final rule amends the Federal Acquisition Regulation to 
increase the use of performance-based payments as the method of 
contract financing on Federal Government contracts and improve the 
efficiency of performance-based payments when used on these contracts. 
These changes originated from recommendations submitted by the 
Department of Defense Performance-Based Payments Working Group in their 
March 8, 2005, report.

    Dated: December 19, 2007.
Al Matera,
Director, Office of Acquisition Policy.
 [FR Doc. E7-24940 Filed 12-21-07; 8:45 am]
BILLING CODE 6820-EP-P