Federal Acquisition Regulation; Federal Acquisition Circular 2005-24; Small Entity Compliance Guide, 10968-10969 [E8-3363]
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10968
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the Federal
Acquisition Regulation to include a
requirement in Federal contracts to
ensure common security configurations
are used when acquiring information
technology, as required by the Office of
Management and Budget Memorandum
M–07–18 dated June 1, 2007.
Common security configurations
provide a baseline of security, reduce
risk from security threats and
vulnerabilities, and save time and
resources. This allows agencies to
improve system performance, decrease
operating costs, and ensure public
confidence in the confidentiality,
integrity, and availability of
Government information.
This final rule will assist agency
adoption of common security
configurations by ensuring affected
information technology providers (i.e.,
those who provide products for which
the National Institute of Standards and
Technology (NIST) has established a
common security configuration)
incorporate common security
configurations when delivering agencies
their products.
This is not a significant regulatory
action and, therefore, was not subject to
review under Section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501 and Public Law 98–577, and
publication for public comments is not
required. However, the Councils will
consider comments from small entities
concerning the affected FAR Part 39 in
accordance with 5 U.S.C. 610. Interested
parties must submit such comments
separately and should cite 5 U.S.C. 601,
et seq. (FAC 2005–24, FAR case 2007–
004), in correspondence.
DEPARTMENT OF DEFENSE
C. Paperwork Reduction Act
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. 3501, et
seq.
List of Subjects in 48 CFR Part 39
Government procurement.
Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 39 as set forth
below:
I
PART 39—ACQUISITION OF
INFORMATION TECHNOLOGY
1. The authority citation for 48 CFR
part 39 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).
2. Amend section 39.101 by revising
paragraph (d) to read as follows:
I
39.101
Policy.
*
*
*
*
*
(d) In acquiring information
technology, agencies shall include the
appropriate information technology
security policies and requirements,
including use of common security
configurations available from the
National Institute of Standards and
Technology’s Web site at https://
checklists.nist.gov. Agency contracting
officers should consult with the
requiring official to ensure the
appropriate standards are incorporated.
[FR Doc. E8–3367 Filed 2–27–08; 8:45 am]
BILLING CODE 6820–EP–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Chapter 1
[Docket FAR–2007–0002, Sequence 11]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–24;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCIES:
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) 2005–24 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
2005–24 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.
LIST OF RULES IN FAC 2005–24
Item
Subject
I ...........
Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission.
Numbered Notes for Synopses ....................................................................................................
Trade Agreements—New Thresholds (Interim) ...........................................................................
New Designated Countries—Dominican Republic, Bulgaria, and Romania ...............................
FAR Part 30—CAS Administration ..............................................................................................
Common Security Configurations ................................................................................................
jlentini on PROD1PC65 with RULES2
II ..........
III .........
IV .........
V ..........
VI .........
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19:47 Feb 27, 2008
Jkt 214001
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FAR case
Fmt 4701
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E:\FR\FM\28FER2.SGM
Analyst
2005–011
Woodson.
2006–016
2007–016
2006–028
2005–027
2007–004
Woodson.
Murphy.
Murphy.
Loeb.
Davis.
28FER2
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / 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 2005–24 amends the FAR as
specified below:
Item I—Contractor Personnel in a
Designated Operational Area or
Supporting a Diplomatic or Consular
Mission (FAR Case 2005–011)
This final FAR rule addresses the
issues of contractor personnel that are
providing support to the mission of the
United States Government in a
designated operational area or
supporting a diplomatic or consular
mission outside the United States, but
are not authorized to accompany the
U.S. Armed Forces. This final FAR rule
clarifies that contractor personnel are
only authorized to use deadly force in
self-defense or in the performance of
security functions, when use of such
force reasonably appears necessary to
execute their security mission. The
purpose and effect of the rule is to
relieve the perceived burden on
contractors operating without consistent
guidance or a standardized clause in a
contingency operation or otherwise
risky environment.
jlentini on PROD1PC65 with RULES2
Item II—Numbered Notes for Synopses
(FAR Case 2006–016)
This final rule amends the Federal
Acquisition Regulation (FAR) to update
and clarify policy for synopses of
proposed contract actions and to delete
all references to Numbered Notes
(Notes) in the FAR and Federal Business
Opportunities (FedBizOpps) electronic
publication. The prescriptions for
VerDate Aug<31>2005
19:08 Feb 27, 2008
Jkt 214001
Numbered Notes were deleted from the
FAR in a former FAR case and
transitioned from the Commerce
Business Daily to FedBizOpps actions.
This transition resulted in other
synopses-related changes that were not
captured in the associated FAR language
revision. Additionally, the transition to
the electronic FedBizOpps publication
for solicitation and other
announcements rendered these Notes
obsolete or outdated.
Item III—Trade Agreements—New
Thresholds (FAR Case 2007–016)
(Interim)
This interim rule adjusts the
thresholds for application of the World
Trade Organization Government
Procurement Agreement and the other
Free Trade Agreements as determined
by the United States Trade
Representative, according to a formula
set forth in the agreements.
Item IV—New Designated Countries—
Dominican Republic, Bulgaria, and
Romania (FAR Case 2006–028)
This final rule converts, without
change, the interim rule published in
the Federal Register at 72 FR 46357,
August 17, 2007. No comments were
received in response to the interim rule.
The effective date of the rule was
August 17, 2007. The interim rule
allowed contracting officers to purchase
the goods and services of the Dominican
Republic without application of the Buy
American Act if the acquisition is
subject to the Free Trade Agreements.
The threshold for applicability of the
Dominican Republic-Central AmericaUnited States Free Trade Agreement is
$67,826 for supplies and services (the
same as other Free Trade Agreements to
date except Morocco, Bahrain, Israel,
PO 00000
Frm 00029
Fmt 4701
Sfmt 4700
10969
and Canada) and $7,443,000 for
construction (the same as all other Free
Trade Agreements to date except
NAFTA and Bahrain). The interim rule
also added Bulgaria and Romania to the
list of World Trade Organization
Government Procurement Agreement
countries wherever it appears.
Item V—FAR Part 30—CAS
Administration (FAR Case 2005–027)
This final rule amending the Federal
Acquisition Regulation (FAR) to
implement revisions to the regulations
related to the administration of the Cost
Accounting Standards (CAS). Among
other changes, the final rule streamlines
the process for submitting, negotiating,
and resolving cost impacts resulting
from a change in cost accounting
practice or noncompliance with stated
practices.
Item VI—Common Security
Configurations (FAR Case 2007–004)
This final rule amends the Federal
Acquisition Regulation to require
agencies to include common security
configurations in new information
technology acquisitions, as appropriate.
The revision reduces risks associated
with security threats and vulnerabilities
and will ensure public confidence in the
confidentiality, integrity, and
availability of Government information.
This final rule requires agency
contracting officers to consult with the
requiring official to ensure the proper
standards are incorporated in their
requirements.
Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8–3363 Filed 2–27–08; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\28FER2.SGM
28FER2
]]>Agencies
[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10968-10969]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3363]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR-2007-0002, Sequence 11]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-24; 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) 2005-24 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 2005-24 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 2005-24
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I............. Contractor Personnel in 2005-011 Woodson.
a Designated
Operational Area or
Supporting a
Diplomatic or Consular
Mission.
II............ Numbered Notes for 2006-016 Woodson.
Synopses.
III........... Trade Agreements--New 2007-016 Murphy.
Thresholds (Interim).
IV............ New Designated 2006-028 Murphy.
Countries--Dominican
Republic, Bulgaria,
and Romania.
V............. FAR Part 30--CAS 2005-027 Loeb.
Administration.
VI............ Common Security 2007-004 Davis.
Configurations.
------------------------------------------------------------------------
[[Page 10969]]
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 2005-24 amends the FAR as specified below:
Item I--Contractor Personnel in a Designated Operational Area or
Supporting a Diplomatic or Consular Mission (FAR Case 2005-011)
This final FAR rule addresses the issues of contractor personnel
that are providing support to the mission of the United States
Government in a designated operational area or supporting a diplomatic
or consular mission outside the United States, but are not authorized
to accompany the U.S. Armed Forces. This final FAR rule clarifies that
contractor personnel are only authorized to use deadly force in self-
defense or in the performance of security functions, when use of such
force reasonably appears necessary to execute their security mission.
The purpose and effect of the rule is to relieve the perceived burden
on contractors operating without consistent guidance or a standardized
clause in a contingency operation or otherwise risky environment.
Item II--Numbered Notes for Synopses (FAR Case 2006-016)
This final rule amends the Federal Acquisition Regulation (FAR) to
update and clarify policy for synopses of proposed contract actions and
to delete all references to Numbered Notes (Notes) in the FAR and
Federal Business Opportunities (FedBizOpps) electronic publication. The
prescriptions for Numbered Notes were deleted from the FAR in a former
FAR case and transitioned from the Commerce Business Daily to
FedBizOpps actions. This transition resulted in other synopses-related
changes that were not captured in the associated FAR language revision.
Additionally, the transition to the electronic FedBizOpps publication
for solicitation and other announcements rendered these Notes obsolete
or outdated.
Item III--Trade Agreements--New Thresholds (FAR Case 2007-016)
(Interim)
This interim rule adjusts the thresholds for application of the
World Trade Organization Government Procurement Agreement and the other
Free Trade Agreements as determined by the United States Trade
Representative, according to a formula set forth in the agreements.
Item IV--New Designated Countries--Dominican Republic, Bulgaria, and
Romania (FAR Case 2006-028)
This final rule converts, without change, the interim rule
published in the Federal Register at 72 FR 46357, August 17, 2007. No
comments were received in response to the interim rule. The effective
date of the rule was August 17, 2007. The interim rule allowed
contracting officers to purchase the goods and services of the
Dominican Republic without application of the Buy American Act if the
acquisition is subject to the Free Trade Agreements. The threshold for
applicability of the Dominican Republic-Central America-United States
Free Trade Agreement is $67,826 for supplies and services (the same as
other Free Trade Agreements to date except Morocco, Bahrain, Israel,
and Canada) and $7,443,000 for construction (the same as all other Free
Trade Agreements to date except NAFTA and Bahrain). The interim rule
also added Bulgaria and Romania to the list of World Trade Organization
Government Procurement Agreement countries wherever it appears.
Item V--FAR Part 30--CAS Administration (FAR Case 2005-027)
This final rule amending the Federal Acquisition Regulation (FAR)
to implement revisions to the regulations related to the administration
of the Cost Accounting Standards (CAS). Among other changes, the final
rule streamlines the process for submitting, negotiating, and resolving
cost impacts resulting from a change in cost accounting practice or
noncompliance with stated practices.
Item VI--Common Security Configurations (FAR Case 2007-004)
This final rule amends the Federal Acquisition Regulation to
require agencies to include common security configurations in new
information technology acquisitions, as appropriate. The revision
reduces risks associated with security threats and vulnerabilities and
will ensure public confidence in the confidentiality, integrity, and
availability of Government information. This final rule requires agency
contracting officers to consult with the requiring official to ensure
the proper standards are incorporated in their requirements.
Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8-3363 Filed 2-27-08; 8:45 am]
BILLING CODE 6820-EP-P
