Federal Acquisition Regulation; Federal Acquisition Circular 2005-24; Small Entity Compliance Guide, 10968-10969 [E8-3363]

Download as PDF 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 http:// 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 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 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 ......... VerDate Aug<31>2005 19:47 Feb 27, 2008 Jkt 214001 PO 00000 Frm 00028 FAR case Fmt 4701 Sfmt 4700 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]


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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