Federal Acquisition Regulation; FAR Case 2006-031, Enhanced Access for Small Business, 21799-21800 [E8-8427]
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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.
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*
*
*
*
*
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.
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16:41 Apr 21, 2008
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(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
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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—
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16:41 Apr 21, 2008
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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
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]]>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]
-----------------------------------------------------------------------
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
