Federal Acquisition Regulation; FAR Case 2008-002, Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items, 54008 [E8-21380]

Download as PDF 54008 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 12.503 Applicability of certain laws to Executive agency contracts for the acquisition of commercial items. (a) * * * (7) Section 806(a)(3) of Pub. L. 102– 190, as amended by Sections 2091 and 8105 of Pub. L. 103–355, Payment Protections for Subcontractors and Suppliers (see 28.106–6). * * * * * ■ 3. Amend section 12.504 by adding paragraph (a)(13) to read as follows: 12.504 Applicability of certain laws to subcontracts for the acquisition of commercial items. (a) * * * (13) Section 806(a)(3) of Pub. L. 102– 190, as amended by Sections 2091 and 8105 of Pub. L. 103–355, Payment Protections for Subcontractors and Suppliers (see 28.106–6). * * * * * [FR Doc. E8–21381 Filed 9–16–08; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION 48 CFR Part 13 [FAC 2005–27; FAR Case 2008–002; Item VIII; Docket 2008–0001; Sequence 11] RIN 9000–AL02 Federal Acquisition Regulation; FAR Case 2008–002, Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: pwalker on PROD1PC71 with RULES3 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 822 of the National Defense Authorization Act for Fiscal Year 2008 (Pub. L. 110–181). DATES: Effective Date: September 17, 2008. FOR FURTHER INFORMATION CONTACT Mr. Michael Jackson, Procurement Analyst, at (202) 208–4949 for clarification of content. For information pertaining to status or publication schedules, contact 18:29 Sep 16, 2008 A. Background This final rule amends the FAR 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)). 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 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION VerDate Aug<31>2005 the FAR Secretariat at (202) 501–4755. Please cite FAC 2005–27, FAR case 2008–002. SUPPLEMENTARY INFORMATION: Jkt 214001 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 Pub. L. 98–577, and publication for public comments is not required. However, the Councils will consider comments from small entities concerning the affected FAR Part 13 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 2005–27, FAR case 2008– 002), in all correspondence. 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 13 Government procurement. Dated: September 9, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth below: ■ PART 13—SIMPLIFIED ACQUISITION PROCEDURES 1. The authority citation for 48 CFR part 13 continues to read as follows: ■ PO 00000 Frm 00020 Fmt 4701 Sfmt 4700 Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 13.500 [Amended] 2. Amend section 13.500 by removing from paragraph (d) ‘‘January 1, 2008’’ and adding ‘‘January 1, 2010’’ in its place. ■ [FR Doc. E8–21380 Filed 9–16–08; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 16 [FAC 2005–27; FAR Case 2008–006; Item IX; Docket 2008–01, Sequence 5] RIN 9000–AL05 Federal Acquisition Regulation; FAR Case 2008–006, Enhanced Competition for Task and Delivery Order Contracts—Section 843 of the Fiscal Year 2008 National Defense Authorization Act Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Fiscal Year 2008 National Defense Authorization Act, Section 843 ‘‘Enhanced Competition for Task and Delivery Order Contracts’’ (FY08 NDAA). Section 843 of the FY08 NDAA stipulates several requirements regarding enhancing competition within Federal contracting. DATES: Effective Date: September 17, 2008. Applicability date: FAR 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 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. Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before November 17, 2008 to be considered in the formulation of a final rule. E:\FR\FM\17SER3.SGM 17SER3

Agencies

[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Page 54008]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21380]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 13

[FAC 2005-27; FAR Case 2008-002; Item VIII; Docket 2008-0001; Sequence 
11]
RIN 9000-AL02


Federal Acquisition Regulation; FAR Case 2008-002, Extension of 
Authority for Use of Simplified Acquisition Procedures for Certain 
Commercial Items

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 
822 of the National Defense Authorization Act for Fiscal Year 2008 
(Pub. L. 110-181).

DATES: Effective Date: September 17, 2008.

FOR FURTHER INFORMATION CONTACT Mr. Michael Jackson, Procurement 
Analyst, at (202) 208-4949 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case 
2008-002.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends the FAR 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)).
    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 Pub. L. 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Part 13 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 2005-27, FAR case 
2008-002), in all correspondence.

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 13

    Government procurement.

    Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth below:

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

0
1. The authority citation for 48 CFR part 13 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).


13.500   [Amended]

0
2. Amend section 13.500 by removing from paragraph (d) ``January 1, 
2008'' and adding ``January 1, 2010'' in its place.
[FR Doc. E8-21380 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S