Federal Acquisition Regulation; Federal Acquisition Circular 2005-28; Introduction, 67064 [E8-26810]
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67064
Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
ACTION: Summary presentation of final
rule.
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;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCIES:
SUMMARY: This document summarizes
the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council in this Federal Acquisition
Circular (FAC) 2005–28. A companion
document, the Small Entity Compliance
Guide (SECG), follows this FAC. The
FAC, including the SECG, is available
via the Internet at https://
www.regulations.gov.
DATES: For effective date, see the
document following this notice.
For
clarification of content, contact the
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–28, FAR Case
2007–006. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Rule listed in FAC 2005–28.
FOR FURTHER INFORMATION CONTACT:
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
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.
mstockstill on PROD1PC66 with RULES3
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
18:57 Nov 10, 2008
Jkt 217001
FAR case
Dated: November 5, 2008.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8–26810 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 Parts 2, 3, 9, 42 and 52
[FAC 2005–28; FAR Case 2007–006;
Item I; Docket 2007–001; Sequence 11]
RIN 9000–AK80
Federal Acquisition Regulation; FAR
Case 2007–006, Contractor Business
Ethics Compliance Program and
Disclosure Requirements
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 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. This final rule
implements Pub. L. 110–252, Title VI,
Chapter 1.
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
2007–006
Analyst
Woodson.
Effective Date: December 12,
2008.
Applicability: 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 for commercial item
contracts.
DATES:
Mr.
Ernest Woodson, Procurement Analyst,
at (202) 501–3775 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAC 2005–28, FAR case
2007–006.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
Table of Contents
A. Background
B. Discussion and Analysis
1. Interrelationship of previous final rule,
first proposed rule, second proposed
rule, and new statute.
2. Mandatory standards for internal control
system.
3. Mandatory disclosure to the OIG.
4. Full Cooperation.
5. Suspension/Debarment.
6. Extend to violation of civil False Claims
Act.
7. Application to acquisition of commercial
items.
8. Application to contracts to be performed
outside the United States.
9. Other applicability issues.
10. Additional recommendations.
11. Regulatory Flexibility Act concerns.
12. Paperwork Reduction Act (PRA).
13. E.O. 12866.
C. Regulatory Flexibility Act
D. Paperwork Reduction Act
E:\FR\FM\12NOR3.SGM
12NOR3
]]>Agencies
[Federal Register Volume 73, Number 219 (Wednesday, November 12, 2008)]
[Rules and Regulations]
[Page 67064]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-26810]
[[Page 67063]]
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Part III
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Chapter 1, Parts 2, 3, et al.
Federal Acquisition Regulation; Final Rules
Federal Register / Vol. 73, No. 219 / Wednesday, November 12, 2008 /
Rules and Regulations
[[Page 67064]]
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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; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rule.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 2005-28. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at https://www.regulations.gov.
DATES: For effective date, see the document following this notice.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below in relation to the
FAR case. Please cite FAC 2005-28, FAR Case 2007-006. For information
pertaining to status or publication schedules, contact the FAR
Secretariat at (202) 501-4755.
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. E8-26810 Filed 11-10-08; 8:45 am]
BILLING CODE 6820-EP-P
