Federal Acquisition Regulation; FAR Case 2006-031, Enhanced Access for Small Business, 21799-21800 [E8-8427]

Download as PDF Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations c. Revising the clause heading and the date; I d. Removing from paragraph (a)(1)(i)(B) ‘‘tax evasion, or receiving stolen property; and’’ and adding ‘‘tax evasion, violating Federal criminal tax laws, or receiving stolen property;’’ in its place; and I e. Removing from the end of paragraph (a)(1)(i)(C) the period and adding ‘‘; and’’ in its place; and I f. Adding paragraph (a)(1)(i)(D) to read as follows: I 52.209–5 Certification Regarding Responsibility Matters. mstockstill on PROD1PC66 with RULES3 * * * * * CERTIFICATION REGARDING RESPONSIBILITY MATTERS (MAY 2008) (a)(1) * * * (i) * * * (D) Have b, have not b, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (1) Federal taxes are considered delinquent if both of the following criteria apply: (i) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (ii) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (2) Examples. (i) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (ii) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (iii) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 (iv) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). * * * * * 10. Amend section 52.212–3 by— a. Revising the date of the clause; b. Removing from paragraph (h) ‘‘Debarment, Suspension or Ineligibility for Award’’ and adding ‘‘Responsibility Matters’’ in its place; I c. Removing from the end of paragraph (h)(1) the word ‘‘and’’; I d. Removing from paragraph (h)(2) ‘‘tax evasion, or receiving stolen property; and’’ and adding ‘‘tax evasion, violating Federal criminal tax laws, or receiving stolen property;’’ in its place; I e. Removing from paragraph (h)(3) ‘‘offenses.’’ and adding ‘‘offenses enumerated in paragraph (h)(2) of this clause; and’’ in its place; and I f. Adding paragraph (h)(4) to read as follows: I I I 52.212–3 Offeror Representations and Certifications—Commercial Items. * * * * * OFFER REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (MAY 2008) * * * * * (h) * * * (4) b Have, b have not, within a three-year period preceding this offer, been notified of any delinquent Federal taxes in an amount that exceeds $3,000 for which the liability remains unsatisfied. (i) Taxes are considered delinquent if both of the following criteria apply: (A) The tax liability is finally determined. The liability is finally determined if it has been assessed. A liability is not finally determined if there is a pending administrative or judicial challenge. In the case of a judicial challenge to the liability, the liability is not finally determined until all judicial appeal rights have been exhausted. (B) The taxpayer is delinquent in making payment. A taxpayer is delinquent if the taxpayer has failed to pay the tax liability when full payment was due and required. A taxpayer is not delinquent in cases where enforced collection action is precluded. (ii) Examples. (A) The taxpayer has received a statutory notice of deficiency, under I.R.C. § 6212, which entitles the taxpayer to seek Tax Court review of a proposed tax deficiency. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek Tax Court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (B) The IRS has filed a notice of Federal tax lien with respect to an assessed tax liability, and the taxpayer has been issued a notice under I.R.C. § 6320 entitling the taxpayer to request a hearing with the IRS Office of Appeals contesting the lien filing, and to further appeal to the Tax Court if the IRS determines to sustain the lien filing. In the course of the hearing, the taxpayer is PO 00000 Frm 00029 Fmt 4701 Sfmt 4700 21799 entitled to contest the underlying tax liability because the taxpayer has had no prior opportunity to contest the liability. This is not a delinquent tax because it is not a final tax liability. Should the taxpayer seek tax court review, this will not be a final tax liability until the taxpayer has exercised all judicial appeal rights. (C) The taxpayer has entered into an installment agreement pursuant to I.R.C. § 6159. The taxpayer is making timely payments and is in full compliance with the agreement terms. The taxpayer is not delinquent because the taxpayer is not currently required to make full payment. (D) The taxpayer has filed for bankruptcy protection. The taxpayer is not delinquent because enforced collection action is stayed under 11 U.S.C. 362 (the Bankruptcy Code). [FR Doc. E8–8508 Filed 4–21–08; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 33 [FAC 2005–25; FAR Case 2006–031; Item VI; Docket 2008–0001; Sequence 9] RIN 9000–AK79 Federal Acquisition Regulation; FAR Case 2006–031, Enhanced Access for Small Business Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: 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) to implement Section 857 of the John Warner National Defense Authorization Act for Fiscal Year 2007. DATES: Effective Date: May 22, 2008. FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement Analyst, at (202) 208–6925 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAC 2005–25, FAR case 2006–031. SUPPLEMENTARY INFORMATION: A. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 72 FR 46950 on August 22, 2007. No E:\FR\FM\22APR3.SGM 22APR3 21800 Federal Register / Vol. 73, No. 78 / Tuesday, April 22, 2008 / Rules and Regulations public comments were received in response to the proposed rule. This final rule makes no change to the proposed rule. Section 857 creates a different, higher dollar ceiling to enable small businesses to use the small claims procedure to appeal a contracting officer’s final decision. This rule amends the FAR to add the ceiling at 33.211(a)(4)(v). 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 Department of Defense, General Services Administration, and National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it does not change the rules for buying and does not add an information collection requirement. It will have a small positive impact because small businesses will be able to more easily use the special contract appeals procedure. C. Paperwork Reduction Act 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 33 Government procurement. Dated: April 4, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 33 as set forth below: I (1) Review the facts pertinent to the claim; (2) Secure assistance from legal and other advisors; (3) Coordinate with the contract administration officer or contracting office, as appropriate; and (4) Prepare a written decision that shall include— (i) A description of the claim or dispute; (ii) A reference to the pertinent contract terms; (iii) A statement of the factual areas of agreement and disagreement; (iv) A statement of the contracting officer’s decision, with supporting rationale; (v) Paragraphs substantially as follows: ‘‘This is the final decision of the Contracting Officer. You may appeal this decision to the agency board of contract appeals. If you decide to appeal, you must, within 90 days from the date you receive this decision, mail or otherwise furnish written notice to the agency board of contract appeals and provide a copy to the Contracting Officer from whose decision this appeal is taken. The notice shall indicate that an appeal is intended, reference this decision, and identify the contract by number. With regard to appeals to the agency board of contract appeals, you may, solely at your election, proceed under the board’s— (1) Small claim procedure for claims of $50,000 or less or, in the case of a small business concern (as defined in the Small Business Act and regulations under that Act), $150,000 or less; or (2) Accelerated procedure for claims of $100,000 or less. Instead of appealing to the agency board of contract appeals, you may bring an action directly in the United States Court of Federal Claims (except as provided in the Contract Disputes Act of 1978, 41 U.S.C. 603, regarding Maritime Contracts) within 12 months of the date you receive this decision’’ ; and Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). (vi) Demand for payment prepared in accordance with 32.610(b) in all cases where the decision results in a finding that the contractor is indebted to the Government. * * * * * 2. Amend section 33.211 by revising paragraph (a) to read as follows: BILLING CODE 6820–EP–S PART 33—PROTESTS, DISPUTES, AND APPEALS 1. The authority citation for 48 CFR part 33 continues to read as follows: I [FR Doc. E8–8427 Filed 4–21–08; 8:45 am] mstockstill on PROD1PC66 with RULES3 I 33.211 Contracting officer’s decision. (a) When a claim by or against a contractor cannot be satisfied or settled by mutual agreement and a decision on the claim is necessary, the contracting officer shall— VerDate Aug<31>2005 16:41 Apr 21, 2008 Jkt 214001 PO 00000 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 1 [FAC 2005–25; Item VII; Docket FAR–2008– 0001; Sequence 10] Federal Acquisition Regulation; Technical Amendment Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCIES: ACTION: Final rule. SUMMARY: This document makes an amendment to the Federal Acquisition Regulation in order to make an editorial change. DATES: Effective Date: April 22, 2008. The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–25, Technical Amendment. FOR FURTHER INFORMATION CONTACT: SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Part 1 Government procurement. Dated: April 4, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 1 as set forth below: I PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 1. The authority citation for 48 CFR part 1 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 1.603–1 by revising the last sentence to read as follows: I 1.603–1 General. * * * These selections and appointments shall be consistent with Office of Federal Procurement Policy’s (OFPP) standards for skill-based training in performing contracting and purchasing duties as published in OFPP Policy Letter No. 05–01, Developing and Managing the Acquisition Workforce, April 15, 2005. [FR Doc. E8–8422 Filed 4–21–08; 8:45 am] BILLING CODE 6820–EP–S Frm 00030 Fmt 4701 Sfmt 4700 E:\FR\FM\22APR3.SGM 22APR3

Agencies

[Federal Register Volume 73, Number 78 (Tuesday, April 22, 2008)]
[Rules and Regulations]
[Pages 21799-21800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-8427]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 33

[FAC 2005-25; FAR Case 2006-031; Item VI; Docket 2008-0001; Sequence 9]
RIN 9000-AK79


Federal Acquisition Regulation; FAR Case 2006-031, Enhanced 
Access for Small Business

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) to implement Section 
857 of the John Warner National Defense Authorization Act for Fiscal 
Year 2007.

DATES: Effective Date: May 22, 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement 
Analyst, at (202) 208-6925 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-25, FAR case 
2006-031.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 72 FR 46950 on August 22, 2007. No

[[Page 21800]]

public comments were received in response to the proposed rule. This 
final rule makes no change to the proposed rule.
    Section 857 creates a different, higher dollar ceiling to enable 
small businesses to use the small claims procedure to appeal a 
contracting officer's final decision. This rule amends the FAR to add 
the ceiling at 33.211(a)(4)(v).
    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 Department of Defense, General Services Administration, and 
National Aeronautics and Space Administration certify that this final 
rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because it does not change the 
rules for buying and does not add an information collection 
requirement. It will have a small positive impact because small 
businesses will be able to more easily use the special contract appeals 
procedure.

C. Paperwork Reduction Act

    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 33

    Government procurement.

    Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 33 as set forth below:

PART 33--PROTESTS, DISPUTES, AND APPEALS

0
1. The authority citation for 48 CFR part 33 continues to read as 
follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).
0
2. Amend section 33.211 by revising paragraph (a) to read as follows:


33.211  Contracting officer's decision.

    (a) When a claim by or against a contractor cannot be satisfied or 
settled by mutual agreement and a decision on the claim is necessary, 
the contracting officer shall--
    (1) Review the facts pertinent to the claim;
    (2) Secure assistance from legal and other advisors;
    (3) Coordinate with the contract administration officer or 
contracting office, as appropriate; and
    (4) Prepare a written decision that shall include--
    (i) A description of the claim or dispute;
    (ii) A reference to the pertinent contract terms;
    (iii) A statement of the factual areas of agreement and 
disagreement;
    (iv) A statement of the contracting officer's decision, with 
supporting rationale;
    (v) Paragraphs substantially as follows:
    ``This is the final decision of the Contracting Officer. You may 
appeal this decision to the agency board of contract appeals. If you 
decide to appeal, you must, within 90 days from the date you receive 
this decision, mail or otherwise furnish written notice to the 
agency board of contract appeals and provide a copy to the 
Contracting Officer from whose decision this appeal is taken. The 
notice shall indicate that an appeal is intended, reference this 
decision, and identify the contract by number.
    With regard to appeals to the agency board of contract appeals, 
you may, solely at your election, proceed under the board's--
    (1) Small claim procedure for claims of $50,000 or less or, in 
the case of a small business concern (as defined in the Small 
Business Act and regulations under that Act), $150,000 or less; or
    (2) Accelerated procedure for claims of $100,000 or less.
    Instead of appealing to the agency board of contract appeals, 
you may bring an action directly in the United States Court of 
Federal Claims (except as provided in the Contract Disputes Act of 
1978, 41 U.S.C. 603, regarding Maritime Contracts) within 12 months 
of the date you receive this decision'' ; and
    (vi) Demand for payment prepared in accordance with 32.610(b) in 
all cases where the decision results in a finding that the contractor 
is indebted to the Government.
* * * * *
[FR Doc. E8-8427 Filed 4-21-08; 8:45 am]
BILLING CODE 6820-EP-S