Federal Acquisition Regulation; Federal Acquisition Circular 2005-23; Small Entity Compliance Guide, 73222-73223 [E7-24940]
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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 https://
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 ...........................................................................................................
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20:06 Dec 21, 2007
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FAR case
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E:\FR\FM\26DER4.SGM
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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
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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]
-----------------------------------------------------------------------
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
