Federal Acquisition Regulation; FAR Case 2007-016, Trade Agreements-New Thresholds, 2745-2746 [E9-547]
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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
(2) Requiring the Contractor to terminate a
subcontract;
(1) 52.222–50, Combating Trafficking in
Persons (FEB 2009) (22 U.S.C. 7104(g)).
llAlternate I (Aug 2007) of 52.222–50
(22 U.S.C. 7104(g)).
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*
(e)(1) * * *
(viii) 52.222–50, Combating Trafficking in
Persons (FEB 2009) (22 U.S.C. 7104(g)).
llAlternate I (Aug 2007) of 52.222–50
(22 U.S.C. 7104(g)).
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*
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6. Amend section 52.213–4 by
revising the date of the clause and
paragraph (a)(1)(iv); and removing from
paragraph (a)(2)(vi) ‘‘(DEC 2008)’’ and
adding ‘‘(FEB 2009)’’ in its place to read
as follows:
■
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
*
*
*
*
*
TERMS AND CONDITIONS—
SIMPLIFIED ACQUISITIONS (OTHER
THAN COMMERCIAL ITEMS (FEB
2009)
(a) * * *
(1) * * *
(iv) 52.222–50, Combating Trafficking in
Persons (FEB 2009) (22 U.S.C. 7104(g)).
*
*
*
*
*
*
*
*
*
(g) Mitigating Factor. The Contracting
Officer may consider whether the Contractor
had a Trafficking in Persons awareness
program at the time of the violation as a
mitigating factor when determining remedies.
Additional information about Trafficking in
Persons and examples of awareness programs
can be found at the website for the
Department of State’s Office to Monitor and
Combat Trafficking in Persons at https://
www.state.gov/g/tip.
(End of clause)
8. Amend section 52.244–6 by
revising the date of the clause; by
redesignating paragraph (c)(1)(vii) as
paragraph (c)(1)(viii); and adding a new
paragraph (c)(1)(vii) to read as follows:
■
52.244–6
Items.
Subcontracts for Commercial
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SUBCONTRACTS FOR
COMMERCIAL ITEMS (FEB 2009)
*
*
*
*
*
(c)(1) * * *
(vii) 52.222–50, Combating Trafficking in
Persons (FEB 2009) (22 U.S.C. 7104(g)).
*
*
*
*
*
■
7. Amend section 52.222–50 by—
a. Revising the date of the clause;
■ b. Adding, in alphabetical order, the
definition ‘‘Forced Labor’’;
■ c. Removing from the introductory
text of paragraph (e) ‘‘render the
Contractor subject to’’ and adding
‘‘result in’’ in its place; and revising
paragraphs (e)(1) and (e)(2); and
■ d. Adding paragraph (g) to read as
follows:
[FR Doc. E9–548 Filed 1–14–09; 8:45 am]
■
BILLING CODE 6820–EP–S
52.222–50
Persons.
48 CFR Parts 22, 25, and 52
DEPARTMENT OF DEFENSE
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
[FAC 2005–30; FAR Case 2007–016; Item
VIII; Docket 2008–0001; Sequence 3]
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*
COMBATING TRAFFICKING IN
PERSONS (FEB 2009)
RIN 9000–AK89
(a) * * *
sroberts on PROD1PC70 with RULES
*
*
*
*
*
Forced Labor means knowingly providing
or obtaining the labor or services of a
person—
(1) By threats of serious harm to, or
physical restraint against, that person or
another person;
(2) By means of any scheme, plan, or
pattern intended to cause the person to
believe that, if the person did not perform
such labor or services, that person or another
person would suffer serious harm or physical
restraint; or
(3) By means of the abuse or threatened
abuse of law or the legal process.
*
*
*
*
*
(e) * * *
(1) Requiring the Contractor to remove a
Contractor employee or employees from the
performance of the contract;
VerDate Nov<24>2008
18:43 Jan 14, 2009
Jkt 217001
Federal Acquisition Regulation; FAR
Case 2007–016, Trade Agreements—
New Thresholds
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
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 incorporate
increased thresholds for application of
the World Trade Organization
Government Procurement Agreement
and the Free Trade Agreements, as
PO 00000
Frm 00037
Fmt 4701
Sfmt 4700
determined by the United States Trade
Representative.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms.
Meredith Murphy, Procurement
Analyst, at (202) 208–6925, for
clarification of content. For information
pertaining to status or publication
schedules, contact the FAR Secretariat
at (202) 501–4755. Please cite FAC
2005–30, FAR case 2007–016.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
73 FR 10962 on February 28, 2008, to
implement the biannual changes
specified by the United States Trade
Representative (USTR) to the trade
agreements thresholds. A correction was
published in the Federal Register at 73
FR 16747, March 28, 2008.
No comments were received by the
close of the public comment period on
April 28, 2008. Therefore, the Councils
agreed to convert the interim rule to a
final rule without change.
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
GENERAL SERVICES
ADMINISTRATION
Combating Trafficking in
2745
The Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
dollar threshold changes are designed to
keep pace with inflation and thus
maintain the status quo.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub.
L. 104–13) applies because the final rule
contains information collection
requirements that affect the
prescriptions for use of the certifications
at FAR 52.225–4 (OMB Control No.
9000–0130) and FAR 52.225–6 (OMB
Control No. 9000–0025) and the clauses
at FAR 52.225–9 and 52.225–11 (OMB
Control No. 9000–0141), which contain
information collection requirements
approved under the specified OMB
control numbers by the Office of
Management and Budget under 44
U.S.C. 3501, et seq. However, there is no
impact on the estimated burden hours,
because the threshold changes are in
E:\FR\FM\15JAR3.SGM
15JAR3
2746
Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations
line with inflation and maintain the
status quo.
The
FAR Secretariat, Room 4041, GS
Building, Washington, DC, 20405, (202)
501–4755, for information pertaining to
status or publication schedules. Please
cite FAC 2005–30, Technical
Amendment.
FOR FURTHER INFORMATION CONTACT
List of Subjects in 48 CFR Parts 22, 25,
and 52
Government procurement.
Dated: December 24, 2008
Edward Loeb,
Acting Director, Office of Acquisition Policy.
Interim Rule Adopted as Final
Without Change
Accordingly, the interim rule
amending 48 CFR parts 22, 25, and 52,
which was published at 73 FR 10962 on
February 28, 2008, and amended at 73
FR 16747 on March 28, 2008, is adopted
as a final rule without change.
List of Subjects in 48 CFR Part 15
Government procurement.
Dated: December 24, 2008.
Edward Loeb,
Acting Director, Office of Acquisition Policy.
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
PART 15—CONTRACTING BY
NEGOTIATION
GENERAL SERVICES
ADMINISTRATION
■
1. The authority citation for 48 CFR
part 15 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).
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
15.101–2
48 CFR Part 15
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
Therefore, DoD, GSA, and NASA
amend 48 CFR part 15 as set forth
below:
[FR Doc. E9–547 Filed 1–14–09; 8:45 am]
DEPARTMENT OF DEFENSE
[Amended]
[FAC 2005–30; Item IX; Docket FAR–2009–
0011; Sequence 1]
2. Amend section 15.101–2 by
removing from paragraph (b)(1)
‘‘15.304(c)(3)(iv)’’ andadding
‘‘15.304(c)(3)(iii)’’ in its place.
Federal Acquisition Regulation;
Technical Amendment
[FR Doc. E9–546 Filed 1–14–09; 8:45 am]
■
BILLING CODE 6820–EP–S
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
SUMMARY: This document makes an
amendment to the Federal Acquisition
Regulation in order to make an editorial
change.
DATES: Effective Date: January 15, 2009.
[Docket FAR 2009–0013, Sequence 1]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–30;
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) 2005-30 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
2005-30, which precedes this document.
These documents are also available via
the Internet at https://
www.regulations.gov.
Hada
Flowers, Regulatory Secretariat, (202)
208-7282. For clarification of content,
contact the analyst whose name appears
in the table below.
FOR FURTHER INFORMATION CONTACT
LIST OF RULES IN FAC 2005–30
Item
Subject
I ............
II ...........
•III ........
IV ..........
Federal Procurement Data System (FPDS) ....................................................................................
Commercially Available Off-the-Shelf (COTS) Items ......................................................................
Exemption of Certain Service Contracts from the Service Contract Act (SCA) .............................
Public Disclosure of Justification and Approval Documents for Noncompetitive Contracts-Section 844 of the National Defense Authorization Act for Fiscal Year 2008 (Interim).
SAFETY Act: Implementation of DHS Regulations .........................................................................
Electronic Products Environmental Assessment Tool (EPEAT) .....................................................
Combating Trafficking in Persons ....................................................................................................
Trade Agreements—New Thresholds .............................................................................................
Technical Amendment .....................................................................................................................
sroberts on PROD1PC70 with RULES
V ...........
•VI ........
VII .........
VIII ........
IX ..........
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments to these FAR cases, refer to
VerDate Nov<24>2008
18:43 Jan 14, 2009
Jkt 217001
FAR case
the specific item number and subject set
forth in the documents following these
item summaries.
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Fmt 4701
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Analyst
2004–038
2000–305
2001–004
2008–003
Woodson.
Jackson.
Woodson.
Woodson.
2006–023
2006–030
2005–012
2007–016
Chambers.
Clark.
Woodson.
Murphy.
FAC 2005–30 amends the FAR as
specified below:
E:\FR\FM\15JAR3.SGM
15JAR3
]]>Agencies
[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2745-2746]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-547]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005-30; FAR Case 2007-016; Item VIII; Docket 2008-0001; Sequence
3]
RIN 9000-AK89
Federal Acquisition Regulation; FAR Case 2007-016, Trade
Agreements--New Thresholds
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 incorporate
increased thresholds for application of the World Trade Organization
Government Procurement Agreement and the Free Trade Agreements, as
determined by the United States Trade Representative.
DATES: Effective Date: January 15, 2009.
FOR FURTHER INFORMATION CONTACT: Ms. Meredith Murphy, Procurement
Analyst, at (202) 208-6925, for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-30, FAR case
2007-016.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 73 FR 10962 on February 28, 2008, to implement the biannual
changes specified by the United States Trade Representative (USTR) to
the trade agreements thresholds. A correction was published in the
Federal Register at 73 FR 16747, March 28, 2008.
No comments were received by the close of the public comment period
on April 28, 2008. Therefore, the Councils agreed to convert the
interim rule to a final rule without change.
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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because the dollar threshold
changes are designed to keep pace with inflation and thus maintain the
status quo.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 104-13) applies because the
final rule contains information collection requirements that affect the
prescriptions for use of the certifications at FAR 52.225-4 (OMB
Control No. 9000-0130) and FAR 52.225-6 (OMB Control No. 9000-0025) and
the clauses at FAR 52.225-9 and 52.225-11 (OMB Control No. 9000-0141),
which contain information collection requirements approved under the
specified OMB control numbers by the Office of Management and Budget
under 44 U.S.C. 3501, et seq. However, there is no impact on the
estimated burden hours, because the threshold changes are in
[[Page 2746]]
line with inflation and maintain the status quo.
List of Subjects in 48 CFR Parts 22, 25, and 52
Government procurement.
Dated: December 24, 2008
Edward Loeb,
Acting Director, Office of Acquisition Policy.
Interim Rule Adopted as Final Without Change
Accordingly, the interim rule amending 48 CFR parts 22, 25, and 52,
which was published at 73 FR 10962 on February 28, 2008, and amended at
73 FR 16747 on March 28, 2008, is adopted as a final rule without
change.
[FR Doc. E9-547 Filed 1-14-09; 8:45 am]
BILLING CODE 6820-EP-S
