Federal Acquisition Regulation; Federal Acquisition Circular 2005-28; Small Entity Compliance Guide, 67093 [E8-26809]

Download as PDF Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Rules and Regulations (i) 52.203–13, Contractor Code of Business Ethics and Conduct (DEC 2008) (Pub. L. 110– 252, Title VI, Chapter 1 (41 U.S.C. 251 note). * * * * * [FR Doc. E8–26953 Filed 11–10–08; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2008–0003, Sequence 3] Federal Acquisition Regulation; Federal Acquisition Circular 2005–28; 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 67093 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 the rule appearing in Federal Acquisition Circular (FAC) 2005–28 which amends the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2005–28 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. RULE LISTED IN FAC 2005–28 Item Subject *I ............ Contractor Business Ethics Compliance Program and Disclosure Requirements .................................... A summary of the FAR rule follows. For the actual revisions and/or amendments to this FAR case, refer to FAR Case 2007–006. FAC 2005–28 amends the FAR as specified below: Item I—Contractor Business Ethics Compliance Program and Disclosure Requirements (FAR Case 2007–006) This final rule amends the Federal Acquisition Regulation to amplify the requirements for a contractor code of business ethics and conduct, an internal control system, and disclosure to the Government of certain violations of mstockstill on PROD1PC66 with RULES3 SUPPLEMENTARY INFORMATION: VerDate Aug<31>2005 18:57 Nov 10, 2008 Jkt 217001 FAR case criminal law, violations of the civil False Claims Act, or significant overpayments. The rule provides for the suspension or debarment of a contractor for knowing failure by a principal to timely disclose, in writing, to the agency Office of the Inspector General, with a copy to the contracting officer, certain violations of criminal law, violations of the civil False Claims Act, or significant overpayments. The final rule implements ‘‘The Close the Contractor Fraud Loophole Act,’’ Public Law 110– 252, Title VI, Chapter 1. The statute defines a covered contract to mean ‘‘any contract in an amount greater than PO 00000 Frm 00031 Fmt 4701 Sfmt 4700 2007–006 Analyst Woodson. $5,000,000 and more than 120 days in duration.’’ The final rule also provides that the contractor’s Internal Control System shall be established within 90 days after contract award, unless the Contracting Officer establishes a longer time period (See FAR 52.203–13(c)). The internal control system is not required for small businesses or commercial item contracts. Dated: November 5, 2008. Al Matera, Director, Office of Acquisition Policy. [FR Doc. E8–26809 Filed 11–10–08; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\12NOR3.SGM 12NOR3

Agencies

[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Rules and Regulations]
[Page 67093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26809]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2008-0003, Sequence 3]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-28; 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 the rule appearing in Federal 
Acquisition Circular (FAC) 2005-28 which amends the FAR. An asterisk 
(*) next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding this rule by referring to FAC 2005-28 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.

                       Rule Listed in FAC 2005-28
------------------------------------------------------------------------
      Item               Subject           FAR case         Analyst
------------------------------------------------------------------------
*I.............  Contractor Business        2007-006  Woodson.
                  Ethics Compliance
                  Program and
                  Disclosure
                  Requirements.
------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: A summary of the FAR rule follows. For the 
actual revisions and/or amendments to this FAR case, refer to FAR Case 
2007-006.
    FAC 2005-28 amends the FAR as specified below: Item I--Contractor 
Business Ethics Compliance Program and Disclosure Requirements (FAR 
Case 2007-006)
    This final rule amends the Federal Acquisition Regulation to 
amplify the requirements for a contractor code of business ethics and 
conduct, an internal control system, and disclosure to the Government 
of certain violations of criminal law, violations of the civil False 
Claims Act, or significant overpayments. The rule provides for the 
suspension or debarment of a contractor for knowing failure by a 
principal to timely disclose, in writing, to the agency Office of the 
Inspector General, with a copy to the contracting officer, certain 
violations of criminal law, violations of the civil False Claims Act, 
or significant overpayments. The final rule implements ``The Close the 
Contractor Fraud Loophole Act,'' Public Law 110-252, Title VI, Chapter 
1. The statute defines a covered contract to mean ``any contract in an 
amount greater than $5,000,000 and more than 120 days in duration.'' 
The final rule also provides that the contractor's Internal Control 
System shall be established within 90 days after contract award, unless 
the Contracting Officer establishes a longer time period (See FAR 
52.203-13(c)). The internal control system is not required for small 
businesses or commercial item contracts.

    Dated: November 5, 2008.
Al Matera,
Director, Office of Acquisition Policy.
 [FR Doc. E8-26809 Filed 11-10-08; 8:45 am]
BILLING CODE 6820-EP-P