Federal Acquisition Regulation; Federal Acquisition Circular 2005-27; Small Entity Compliance Guide, 54016-54018 [E8-21370]
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54016
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
DEPARTMENT OF DEFENSE
PART 37—SERVICE CONTRACTING
GENERAL SERVICES
ADMINISTRATION
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.212–5
2. Amend section 37.116–1 by
removing from the second sentence the
words ‘‘United States’’; and adding a
sentence to the end of the paragraph to
read as follows:
■
37.116–1
Presidential $1 Coin Act of 2005.
* * * Pub. L. 110–147 amended 31
U.S.C. 5112(p)(1)(A) to allow an
exception from the $1 coin dispensing
capability requirement for those
vending machines that do not receive
currency denominations greater than $1.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.212–5 by
revising the date of the clause and
paragraph (c)(7) to read as follows:
■
52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
*
*
*
*
*
CONTRACT TERMS AND CONDITIONS
REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS—COMMERCIAL
ITEMS (SEP 2008).
*
*
*
*
*
(c) * * *
(7) 52.237–11, Accepting and Dispensing of
$1 Coin (SEP 2008) (31 U.S.C. 5112(p)(1)).
*
*
*
*
*
4. Amend section 52.237–11 by
revising the date of the clause and
paragraph (b) to read as follows:
■
52.237–11
Coin.
Accepting and Dispensing of $1
*
*
*
*
*
ACCEPTING AND DISPENSING OF $1
COIN (SEP 2008)
*
*
*
*
*
(b) All business operations conducted
under this contract that involve coins or
currency, including vending machines, shall
be fully capable of—
(1) Accepting $1 coins in connection with
such operations; and
(2) Dispensing $1 coins in connection with
such operations, unless the vending machine
does not receive currency denominations
greater than $1.
*
*
*
*
(End of clause)
*
[FR Doc. E8–21369 Filed 9–16–08; 8:45 am]
pwalker on PROD1PC71 with RULES3
BILLING CODE 6820–EP–S
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[Amended]
3. Amend section 52.212–5 by
removing from paragraph (b)(26) the
word ‘‘FAR’’.
■
[FR Doc. E8–21368 Filed 9–16–08; 8:45 am]
48 CFR Parts 15 and 52
BILLING CODE 6820–EP–S
[FAC 2005–27; Item XIV;Docket FAR–2008–
0007; Sequence 1]
Federal Acquisition Regulation;
Technical Amendment
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
This document makes
amendments to the Federal Acquisition
Regulation in order to make editorial
changes.
DATES: Effective Date: September 17,
2008.
FOR FURTHER INFORMATION CONTACT: The
FAR Secretariat, Room 4041, GS
Building, Washington, DC, 20405, (202)
501–4755, for information pertaining to
status or publication schedules. Please
cite FAC 2005–27, Technical
Amendment.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
SUMMARY:
List of Subjects in 48 CFR Parts 15 and
52
Government procurement.
Dated: September 9, 2008
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 15 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 15 and 52 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).
PART 15—CONTRACTING BY
NEGOTIATION
15.404–1
[Amended]
2. Amend section 15.404–1 by
removing from paragraph (a)(7) ‘‘https://
www.acq.osd.mil/dpap/contractpricing/
index.htm’’ and adding ‘‘https://
www.acq.osd.mil/dpap/cpf/
contractlpricing
lreferencelguides.html ’’in its place.
■
[Docket FAR 2008–0003, Sequence 2]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–27;
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) 2005–27 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
2005–27 which precedes this document.
These documents are also available via
the Internet at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Laurieann Duarte, Regulatory
Secretariat, (202) 501–4225. For
clarification of content, contact the
analyst whose name appears in the table
below.
LIST OF RULES IN FAC 2005–27
Item
Subject
I ............
Correcting Statutory References Related to theHigher Education Act of 1965 ..............................
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2007–020
17SER3
Analyst
Cundiff.
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
54017
LIST OF RULES IN FAC 2005–27—Continued
Item
Subject
II ...........
III ..........
IV ..........
V ...........
VI ..........
VII .........
VIII ........
Changing the Name of the Office of Small andDisadvantaged Business Utilization for DoD ........
Administrative Changes to the FPI Blanket Waiver and the JWOD Program Name .....................
Local Community Recovery Act of 2006 .........................................................................................
Additional Requirements for Competition Advocate AnnualReports ...............................................
Contract Debts .................................................................................................................................
Subcontractor Requests for Bonds ..................................................................................................
Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial
Items.
Enhanced Competition for Task and Delivery OrderContracts—Section 843 of the Fiscal Year
2008 National Defense Authorization Act(Interim).
Online Representations and Certifications ApplicationReview ........................................................
Cost Accounting Standards (CAS) Administration andAssociated Federal Acquisition Regulation
Clauses (Interim).
CAS Administration ..........................................................................................................................
Accepting and Dispensing of $1 Coin .............................................................................................
Technical Amendments ...................................................................................................................
IX ..........
X ...........
XI ..........
XII .........
XIII ........
XIV .......
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 2005–27 amends the FAR as
specified below:
Item I—Correcting Statutory References
Related to the Higher Education Act of
1965 (FAR Case 2007–020)
This final rule amends the Federal
Acquisition Regulation to reflect the
correct public law citations for the
definitions of minority institution and
Hispanic-serving institution. The
citations changed when the Higher
Education Act of 1965 was amended by
the Higher Education Amendments of
1998.
pwalker on PROD1PC71 with RULES3
Item II—Changing the Name of the
Office of Small and Disadvantaged
Business Utilization for DoD (FAR Case
2008–001)
This final rule amends the Federal
Acquisition Regulation to change the
name of the ‘‘Office of Small and
Disadvantaged Business Utilization’’ to
the ‘‘Office of Small Business Programs’’
for the Department of Defense. Section
904 of the National Defense
Authorization Act for Fiscal Year 2006,
Pub. L. 109–163, re-designated the
‘‘Office of Small and Disadvantaged
Business Utilization’’.
Item III—Administrative Changes to the
FPI Blanket Waiver and the JWOD
Program Name (FAR Case 2007–015)
This final rule amends the language in
the Federal Acquisition Regulation to
increase the blanket waiver threshold
for small dollar-value purchases from
Federal Prison Industries by Federal
agencies and also changes the name of
VerDate Aug<31>2005
18:29 Sep 16, 2008
Jkt 214001
FAR case
the JWOD Program to the AbilityOne
Program. These changes are
administrative in nature and any impact
will be minimal.
Item IV—Local Community Recovery
Act of 2006 (FAR Case 2006–014)
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council have adopted as
final, with a minor change to the second
interim rule, two interim rules
amending the Federal Acquisition
Regulation (FAR) to implement
amendments to the Robert T. Stafford
Disaster Relief and Emergency
Assistance Act. The first interim rule
was published in the Federal Register at
71 FR 44546, August 4, 2006. The
second interim rule was published in
the Federal Register at 72 FR 63084,
November 7, 2007.
Item V—Additional Requirements for
Competition Advocate Annual Reports
(FAR Case 2007–007)
This final rule amends the Federal
Acquisition Regulation 6.502 to require
that annual reviews by executive agency
competition advocates be provided in
writing to both the agency senior
procurement executive and the agency
chief acquisition officer, and ensure task
and delivery orders over $1,000,000
issued under multiple award contracts
are properly planned, issued, and
comply with 8.405 and 16.505. The rule
provides for one of several initiatives by
the Administrator, Office of Federal
Procurement Policy, to reinforce the use
of competition and related practices for
achieving a competitive environment.
The rule reinvigorates the role of
agencies’ competition advocates,
strengthens agencies’ competition
practices, and ensures best value for the
taxpayer.
PO 00000
Frm 00029
Fmt 4701
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Analyst
2008–001
2007–015
2006–014
2007–007
2005–018
2007–022
2008–002
Cundiff.
Clark.
Clark.
Woodson.
Murphy.
Jackson.
Jackson.
2008–006
Clark.
2006–025
2007–002
Woodson.
Chambers.
2006–004
2006–027
Chambers.
Jackson.
Item VI—Contract Debts (FAR Case
2005–018)
This final rule amends and
reorganizes FAR Subpart 32.6, Contract
Debts, and amends associated other FAR
coverage, based on the
recommendations of the Department of
Defense Contract Debt Integrated
Process Team, to improve contract debt
controls and procedures and to ensure
consistency within and between
existing regulations. FAR Subpart 32.6
prescribes policies and procedures for
identifying, collecting, and deferring
collection of contract debts (including
interest, if applicable). Throughout, the
term ‘‘responsible official’’ has been
replaced with the specific individual/
organization responsible for fulfilling
the FAR requirement. FAR 32.601 is
revised to specify what constitutes a
contract debt, rather than how a contract
debt may arise. All discussions of
contract debt determinations are
consolidated in FAR 32.603, including
the responsibility of the contracting
officer in making debt determinations.
All discussions of the demand for
payment are consolidated in FAR
32.604, including the requirements for
demand letters. All discussions of final
decisions are consolidated in FAR
32.605. FAR 32.606 includes all
coverage on debt collections, including
when responsibility should be
transferred to the Department of
Treasury. All discussions of interest are
consolidated at FAR 32.608, including
how to compute interest. The
Government’s right to make a demand
for payment and start the interest clock
running under the contract is ensured,
as is the Government’s right to make a
demand for payment without first
issuing a final decision of the
contracting officer. A final decision is
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54018
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
required only if the contractor disagrees
with the demand for payment.
Item VII—Subcontractor Requests for
Bonds (FAR Case 2007–022)
This final rule amends the list of laws
inapplicable to commercial items, to
clarify that the existing regulations at
FAR 28.106–4, Contract clause, and
52.228–12, Prospective Subcontractor
Requests for Bonds, do not apply to
commercial items. Section 806(a)(3) of
Pub. L. 102–190, as amended by
Sections 2091 and 8105 of Pub. L. 103–
355 will be included in the list at FAR
12.503(a) and 12.504(a).
Item VIII—Extension of Authority for
Use of Simplified Acquisition
Procedures for Certain Commercial
Items (FAR Case 2008–002)
This final rule amends the Federal
Acquisition Regulation to implement
Section 822 of the National Defense
Authorization Act for Fiscal Year 2008
(Pub. L. 110–181). Section 822 amends
Section 4202(e) of the Clinger-Cohen
Act of 1996 (division D of Pub. L. 104–
106; 110 Stat. 652; 10 U.S.C. 2304 note)
by extending until January 1, 2010, the
timeframe in which an agency may use
simplified procedures to purchase
commercial items in amounts greater
than the simplified acquisition
threshold, but not exceeding $5,500,000
($11 million for acquisitions as
described in 13.500(e)).
pwalker on PROD1PC71 with RULES3
Item IX—Enhanced Competition for
Task and Delivery Order Contracts—
Section 843 of the Fiscal Year 2008
National Defense Authorization Act
(FAR Case 2008–006) (Interim)
This interim rule amends Federal
Acquisition Regulation Subpart 16.5 to
implement Section 843 of the Fiscal
Year 2008 National Defense
Authorization Act (Pub. L. 110–181).
The provisions of Section 843 include:
(1) Limitation on single award task or
delivery order (Indefinite-Delivery
Requirements, and Indefinite-Quantity)
type contracts greater than $100 million;
(2) Enhanced competition for task and
VerDate Aug<31>2005
18:29 Sep 16, 2008
Jkt 214001
delivery orders in excess of $5 million;
and (3) Protest on orders on the grounds
that the order increases the scope,
period, maximum value of the contract
under which the order is issued; or
valued in excess of $10 million. FAR
sections 16.503 and 16.504, as amended
by this rule, are applicable to single
award task or delivery order contracts
awarded on or after May 27, 2008. FAR
section 16.505, as amended by this rule,
is applicable to orders awarded on or
after May 27, 2008 on existing contracts
as well as new contracts.
Item X—Online Representations and
Certifications Application Review (FAR
Case 2006–025)
This final rule adopts as final, without
change, the interim rule published in
the Federal Register at 72 FR 46359,
August 17, 2007. The rule amends FAR
23.406 and 23.906 to revise the
prescriptions for the use of 52.223–9
and 52.223–14 to provide for their use
under the same circumstances as the
prescription for use of their associated
provisions. These revisions ensure
compliance with the requirements of 40
CFR part 247 and 42 U.S.C. 11023.
Item XI—Cost Accounting Standards
(CAS) Administration and Associated
Federal Acquisition Regulation Clauses
(FAR Case 2007–002) (Interim)
The subject case is revising the
Federal Acquisition Regulation (FAR)
clauses concerning the administration of
Cost Accounting Standards (CAS) to
maintain consistency between the CAS
rules and the FAR.
Item XII—CAS Administration (FAR
Case 2006–004)
This final rule adopts, with minor
changes, the proposed rule published in
the Federal Register at 71 FR 58338,
October 3, 2006, amending the Federal
Acquisition Regulation to implement
revisions to the regulations related to
the administration of the Cost
Accounting Standards as they pertain to
contracts with foreign concerns,
including United Kingdom concerns.
PO 00000
Frm 00030
Fmt 4701
Sfmt 4700
Item XIII—Accepting and Dispensing of
$1 Coin (FAR Case 2006–027)
This final rule adopts, with change,
the interim rule published in the
Federal Register at 72 FR 46361, August
17, 2007. This final rule implements the
Presidential $1 Coin Act of 2005 (Pub.
L. 109–145). The Presidential $1 Coin
Act of 2005 requires the Secretary of the
Treasury to mint and issue annually
four new $1 coins bearing the likenesses
of the Presidents of the United States in
the order of their service and to
continue to mint and issue ‘‘Sacagaweadesign’’ coins for circulation. In order to
promote circulation of the coins,
Section 104 of the Public Law also
requires that Federal agencies take
action so that, by January 1, 2008,
entities that operate any business,
including vending machines, on any
premises owned by the United States or
under the control of any agency or
instrumentality of the United States, are
capable of accepting and dispensing $1
coins and that the entities display
notices of this capability on the business
premises. Pub. L. 110–147 was enacted
to amend Section 5112(p)(1)(A) of Title
31, United States Code, to allow an
exception from the $1 coin dispensing
capability requirement for those
vending machines that do not receive
currency denominations greater than $1.
Contracting officers have been
instructed in the Applicability Date of
the preamble to modify contracts upon
request of the contractor, to change the
older version of the clause to the newer
version without requiring consideration
from the contractor.
Item XIV—Technical Amendments
Editorial changes are made at FAR
15.404–1 and 52.212–5.
Dated: September 9, 2008
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8–21370 Filed 9–16–08; 8:45 am]
BILLING CODE 6820–EP–S
E:\FR\FM\17SER3.SGM
17SER3
]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 54016-54018]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21370]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2008-0003, Sequence 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-27; 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) 2005-27 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 2005-27 which precedes this
document. These documents are also available via the Internet at http:/
/www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Laurieann Duarte, Regulatory
Secretariat, (202) 501-4225. For clarification of content, contact the
analyst whose name appears in the table below.
List of Rules in FAC 2005-27
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I.............. Correcting Statutory References Related to 2007-020 Cundiff.
theHigher Education Act of 1965.
[[Page 54017]]
II............. Changing the Name of the Office of Small 2008-001 Cundiff.
andDisadvantaged Business Utilization for
DoD.
III............ Administrative Changes to the FPI Blanket 2007-015 Clark.
Waiver and the JWOD Program Name.
IV............. Local Community Recovery Act of 2006......... 2006-014 Clark.
V.............. Additional Requirements for Competition 2007-007 Woodson.
Advocate AnnualReports.
VI............. Contract Debts............................... 2005-018 Murphy.
VII............ Subcontractor Requests for Bonds............. 2007-022 Jackson.
VIII........... Extension of Authority for Use of Simplified 2008-002 Jackson.
Acquisition Procedures for Certain
Commercial Items.
IX............. Enhanced Competition for Task and Delivery 2008-006 Clark.
OrderContracts--Section 843 of the Fiscal
Year 2008 National Defense Authorization
Act(Interim).
X.............. Online Representations and Certifications 2006-025 Woodson.
ApplicationReview.
XI............. Cost Accounting Standards (CAS) 2007-002 Chambers.
Administration andAssociated Federal
Acquisition Regulation Clauses (Interim).
XII............ CAS Administration........................... 2006-004 Chambers.
XIII........... Accepting and Dispensing of $1 Coin.......... 2006-027 Jackson.
XIV............ Technical Amendments......................... ....................... .......................
----------------------------------------------------------------------------------------------------------------
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 2005-27 amends the FAR as specified below:
Item I--Correcting Statutory References Related to the Higher Education
Act of 1965 (FAR Case 2007-020)
This final rule amends the Federal Acquisition Regulation to
reflect the correct public law citations for the definitions of
minority institution and Hispanic-serving institution. The citations
changed when the Higher Education Act of 1965 was amended by the Higher
Education Amendments of 1998.
Item II--Changing the Name of the Office of Small and Disadvantaged
Business Utilization for DoD (FAR Case 2008-001)
This final rule amends the Federal Acquisition Regulation to change
the name of the ``Office of Small and Disadvantaged Business
Utilization'' to the ``Office of Small Business Programs'' for the
Department of Defense. Section 904 of the National Defense
Authorization Act for Fiscal Year 2006, Pub. L. 109-163, re-designated
the ``Office of Small and Disadvantaged Business Utilization''.
Item III--Administrative Changes to the FPI Blanket Waiver and the JWOD
Program Name (FAR Case 2007-015)
This final rule amends the language in the Federal Acquisition
Regulation to increase the blanket waiver threshold for small dollar-
value purchases from Federal Prison Industries by Federal agencies and
also changes the name of the JWOD Program to the AbilityOne Program.
These changes are administrative in nature and any impact will be
minimal.
Item IV--Local Community Recovery Act of 2006 (FAR Case 2006-014)
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council have adopted as final, with a minor change to the
second interim rule, two interim rules amending the Federal Acquisition
Regulation (FAR) to implement amendments to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act. The first interim rule
was published in the Federal Register at 71 FR 44546, August 4, 2006.
The second interim rule was published in the Federal Register at 72 FR
63084, November 7, 2007.
Item V--Additional Requirements for Competition Advocate Annual Reports
(FAR Case 2007-007)
This final rule amends the Federal Acquisition Regulation 6.502 to
require that annual reviews by executive agency competition advocates
be provided in writing to both the agency senior procurement executive
and the agency chief acquisition officer, and ensure task and delivery
orders over $1,000,000 issued under multiple award contracts are
properly planned, issued, and comply with 8.405 and 16.505. The rule
provides for one of several initiatives by the Administrator, Office of
Federal Procurement Policy, to reinforce the use of competition and
related practices for achieving a competitive environment. The rule
reinvigorates the role of agencies' competition advocates, strengthens
agencies' competition practices, and ensures best value for the
taxpayer.
Item VI--Contract Debts (FAR Case 2005-018)
This final rule amends and reorganizes FAR Subpart 32.6, Contract
Debts, and amends associated other FAR coverage, based on the
recommendations of the Department of Defense Contract Debt Integrated
Process Team, to improve contract debt controls and procedures and to
ensure consistency within and between existing regulations. FAR Subpart
32.6 prescribes policies and procedures for identifying, collecting,
and deferring collection of contract debts (including interest, if
applicable). Throughout, the term ``responsible official'' has been
replaced with the specific individual/organization responsible for
fulfilling the FAR requirement. FAR 32.601 is revised to specify what
constitutes a contract debt, rather than how a contract debt may arise.
All discussions of contract debt determinations are consolidated in FAR
32.603, including the responsibility of the contracting officer in
making debt determinations. All discussions of the demand for payment
are consolidated in FAR 32.604, including the requirements for demand
letters. All discussions of final decisions are consolidated in FAR
32.605. FAR 32.606 includes all coverage on debt collections, including
when responsibility should be transferred to the Department of
Treasury. All discussions of interest are consolidated at FAR 32.608,
including how to compute interest. The Government's right to make a
demand for payment and start the interest clock running under the
contract is ensured, as is the Government's right to make a demand for
payment without first issuing a final decision of the contracting
officer. A final decision is
[[Page 54018]]
required only if the contractor disagrees with the demand for payment.
Item VII--Subcontractor Requests for Bonds (FAR Case 2007-022)
This final rule amends the list of laws inapplicable to commercial
items, to clarify that the existing regulations at FAR 28.106-4,
Contract clause, and 52.228-12, Prospective Subcontractor Requests for
Bonds, do not apply to commercial items. Section 806(a)(3) of Pub. L.
102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355 will
be included in the list at FAR 12.503(a) and 12.504(a).
Item VIII--Extension of Authority for Use of Simplified Acquisition
Procedures for Certain Commercial Items (FAR Case 2008-002)
This final rule amends the Federal Acquisition Regulation to
implement Section 822 of the National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110-181). Section 822 amends Section 4202(e)
of the Clinger-Cohen Act of 1996 (division D of Pub. L. 104-106; 110
Stat. 652; 10 U.S.C. 2304 note) by extending until January 1, 2010, the
timeframe in which an agency may use simplified procedures to purchase
commercial items in amounts greater than the simplified acquisition
threshold, but not exceeding $5,500,000 ($11 million for acquisitions
as described in 13.500(e)).
Item IX--Enhanced Competition for Task and Delivery Order Contracts--
Section 843 of the Fiscal Year 2008 National Defense Authorization Act
(FAR Case 2008-006) (Interim)
This interim rule amends Federal Acquisition Regulation Subpart
16.5 to implement Section 843 of the Fiscal Year 2008 National Defense
Authorization Act (Pub. L. 110-181). The provisions of Section 843
include: (1) Limitation on single award task or delivery order
(Indefinite-Delivery Requirements, and Indefinite-Quantity) type
contracts greater than $100 million; (2) Enhanced competition for task
and delivery orders in excess of $5 million; and (3) Protest on orders
on the grounds that the order increases the scope, period, maximum
value of the contract under which the order is issued; or valued in
excess of $10 million. FAR sections 16.503 and 16.504, as amended by
this rule, are applicable to single award task or delivery order
contracts awarded on or after May 27, 2008. FAR section 16.505, as
amended by this rule, is applicable to orders awarded on or after May
27, 2008 on existing contracts as well as new contracts.
Item X--Online Representations and Certifications Application Review
(FAR Case 2006-025)
This final rule adopts as final, without change, the interim rule
published in the Federal Register at 72 FR 46359, August 17, 2007. The
rule amends FAR 23.406 and 23.906 to revise the prescriptions for the
use of 52.223-9 and 52.223-14 to provide for their use under the same
circumstances as the prescription for use of their associated
provisions. These revisions ensure compliance with the requirements of
40 CFR part 247 and 42 U.S.C. 11023.
Item XI--Cost Accounting Standards (CAS) Administration and Associated
Federal Acquisition Regulation Clauses (FAR Case 2007-002) (Interim)
The subject case is revising the Federal Acquisition Regulation
(FAR) clauses concerning the administration of Cost Accounting
Standards (CAS) to maintain consistency between the CAS rules and the
FAR.
Item XII--CAS Administration (FAR Case 2006-004)
This final rule adopts, with minor changes, the proposed rule
published in the Federal Register at 71 FR 58338, October 3, 2006,
amending the Federal Acquisition Regulation to implement revisions to
the regulations related to the administration of the Cost Accounting
Standards as they pertain to contracts with foreign concerns, including
United Kingdom concerns.
Item XIII--Accepting and Dispensing of $1 Coin (FAR Case 2006-027)
This final rule adopts, with change, the interim rule published in
the Federal Register at 72 FR 46361, August 17, 2007. This final rule
implements the Presidential $1 Coin Act of 2005 (Pub. L. 109-145). The
Presidential $1 Coin Act of 2005 requires the Secretary of the Treasury
to mint and issue annually four new $1 coins bearing the likenesses of
the Presidents of the United States in the order of their service and
to continue to mint and issue ``Sacagawea-design'' coins for
circulation. In order to promote circulation of the coins, Section 104
of the Public Law also requires that Federal agencies take action so
that, by January 1, 2008, entities that operate any business, including
vending machines, on any premises owned by the United States or under
the control of any agency or instrumentality of the United States, are
capable of accepting and dispensing $1 coins and that the entities
display notices of this capability on the business premises. Pub. L.
110-147 was enacted to amend Section 5112(p)(1)(A) of Title 31, United
States Code, to allow an exception from the $1 coin dispensing
capability requirement for those vending machines that do not receive
currency denominations greater than $1. Contracting officers have been
instructed in the Applicability Date of the preamble to modify
contracts upon request of the contractor, to change the older version
of the clause to the newer version without requiring consideration from
the contractor.
Item XIV--Technical Amendments
Editorial changes are made at FAR 15.404-1 and 52.212-5.
Dated: September 9, 2008
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8-21370 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S
