Federal Acquisition Regulation; Federal Acquisition Circular 2005-28; Introduction, 67064 [E8-26810]

Download as PDF 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 http:// 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]



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Part III

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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.

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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 http://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.
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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