Federal Acquisition Regulation; Federal Acquisition Circular 2005-24; Introduction, 10942-10943 [E8-3375]
Download as PDF
<![CDATA[
10942
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
Summary presentation of rules.
For effective dates and comment
dates, see separate documents, which
follow.
DATES:
The
analyst whose name appears in the table
below in relation to each FAR case.
Please cite FAC 2005–24 and the
specific FAR case numbers. For
information pertaining to status or
publication schedules, contact the FAR
Secretariat at (202) 501–4755.
FOR FURTHER INFORMATION CONTACT:
This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council in this Federal Acquisition
Circular (FAC) 2005–24. A companion
document, the Small Entity Compliance
Guide (SECG), follows this FAC. The
FAC, including the SECG, is available
via the Internet at https://
www.regulations.gov.
SUMMARY:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR–2007–0002, Sequence 10]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–24;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCIES:
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 ................................................................................................
II ..........
III .........
IV .........
V ..........
VI .........
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:
jlentini on PROD1PC65 with RULES2
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.
VerDate Aug<31>2005
19:08 Feb 27, 2008
Jkt 214001
FAR case
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.
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
Analyst
2005–011
Woodson.
2006–016
2007–016
2006–028
2005–027
2007–004
Woodson.
Murphy.
Murphy.
Loeb.
Davis.
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,
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
E:\FR\FM\28FER2.SGM
28FER2
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
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.
Federal Acquisition Circular
Federal Acquisition Circular (FAC)
2005–24 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator for the National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2005–24 is effective February
28, 2008, except for Items I, II, V, and
VI which are effective March 31, 2008.
Dated: February 14, 2008.
Shay D. Assad,
Director, Defense Procurement and
Acquisition Policy.
Dated: February 19, 2008.
David A. Drabkin,
Acting Chief Acquisition Officer & Senior
Procurement Executive, Office of the Chief
Acquisition Officer, U.S. General Services
Administration.
Dated: February 13, 2008.
James A. Balinskas,
Acting Assistant Administrator for
Procurement, National Aeronautics and
Space Administration.
[FR Doc. E8–3375 Filed 2–27–08; 8:45 am]
jlentini on PROD1PC65 with RULES2
BILLING CODE 6820–EP–P
VerDate Aug<31>2005
19:08 Feb 27, 2008
Jkt 214001
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 7, 12, 25, and 52
[FAC 2005–24; FAR Case 2005–011; Item
I; Docket 2008–0001; Sequence 1]
RIN 9000–AK42
Federal Acquisition Regulation; FAR
Case 2005–011, Contractor Personnel
in a Designated Operational Area or
Supporting a Diplomatic or Consular
Mission
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) have agreed on a final rule
amending the Federal Acquisition
Regulation (FAR) in order to address 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.
DATES: Effective Date: March 31, 2008.
FOR FURTHER INFORMATION CONTACT: Mr.
Ernest Woodson, Procurement Analyst,
at (202) 501–3775 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAC 2005–24, FAR case
2005–011.
SUPPLEMENTARY INFORMATION:
A. Background
This rule creates a new FAR Subpart
25.3 to address issues relating to
contracts performed outside the United
States, including new section 25.301,
Contractor personnel in a designated
operational area or supporting a
diplomatic or consular mission outside
the United States. The rule also adds a
new clause entitled ‘‘Contractor
Personnel in a Designated Operational
Area or Supporting a Diplomatic or
Consular Mission Outside the United
States.’’ This clause will not apply to
contractor personnel authorized to
accompany the U.S. Armed Forces
because they are covered by the Defense
Federal Acquisition Regulations
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
10943
Supplement (DFARS) 225.7402 and the
clause at 252.225–7040.
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
71 FR 40681, July 18, 2006, under the
case title ‘‘Contractor Personnel in a
Theater of Operations or at a Diplomatic
or Consular Mission.’’ The public
comment period ended on September
18, 2006. Because the FAR proposed
rule and the DFARS interim rule under
DFARS Case 2005–D013 are similar in
many respects, the Councils reviewed
the comments on both rules together,
except for those issues that applied only
to the Department of Defense. The
Councils received 6 comments on the
FAR rule and 10 comments on the
DFARS rule.
The most widespread concern of
respondents centered on the paragraph
in the clause that sets forth the law of
war principles regarding use of deadly
force by contractors. There was strong
objection to the perception that the U.S.
Government is now hiring contractors as
mercenaries. These comments on the
use of deadly force have been divided
into two categories: The right to selfdefense, and private security
contractors.
1. Right to Self-Defense
a. Distinction Between Self-Defense and
Combat Operations (Relates to FAR
52.225–19(B)(3)(I))
Comment: One respondent states that
there is an inherently vague line
between what constitutes ‘‘defense’’ and
‘‘attack’’ which is plainly crossed when
the terms are applied in asymmetric
warfare. It is clear, they say, that
contractors employing self-defense
measures would have to undertake a
wide array of combat activities to assure
their safety. They refer to these contracts
as ‘‘Self Defense Contracts.’’
Response: The FAR language
recognizes that individuals have an
inherent right to self-defense. The
language does not require self-defense,
just authorizes it when necessary. It
does not authorize preemptive
measures.
b. Whether the Right of Self-Defense
Should Be Modified to ‘‘Personal’’ SelfDefense?
Comment: One respondent
recommends insertion of the word
‘‘personal’’ before ‘‘self-defense’’ in the
DFARS rule, stating that this will
‘‘clarify that civilians accompanying the
force are authorized to use deadly force
only in defense of themselves, rather
than the broader concept of unit selfdefense or preemptive self-defense.’’
Response: The Councils concluded
that this is not a problem in the FAR,
E:\FR\FM\28FER2.SGM
28FER2
]]>Agencies
[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10942-10943]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3375]
[[Page 10941]]
-----------------------------------------------------------------------
Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1 and CFR Parts 1, 2, 3, et al.
Federal Acquisition Regulation; Final Rules and Small Entity Compliance
Guide
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 /
Rules and Regulations
[[Page 10942]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR-2007-0002, Sequence 10]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-24; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of rules.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 2005-24. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at https://www.regulations.gov.
DATES: For effective dates and comment dates, see separate documents,
which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to each FAR case. Please cite FAC 2005-24 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
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.
------------------------------------------------------------------------
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
[[Page 10943]]
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.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-24 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2005-24 is
effective February 28, 2008, except for Items I, II, V, and VI which
are effective March 31, 2008.
Dated: February 14, 2008.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: February 19, 2008.
David A. Drabkin,
Acting Chief Acquisition Officer & Senior Procurement Executive, Office
of the Chief Acquisition Officer, U.S. General Services Administration.
Dated: February 13, 2008.
James A. Balinskas,
Acting Assistant Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. E8-3375 Filed 2-27-08; 8:45 am]
BILLING CODE 6820-EP-P
