Federal Acquisition Regulation; FAR Case 2007-016, Trade Agreements-New Thresholds, 2745-2746 [E9-547]

Download as PDF 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)). * * * * * * (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)). * * * * * 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 http:// 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 * * * * * 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] * * * * * 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 http:// 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. PO 00000 Frm 00038 Fmt 4701 Sfmt 4700 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]


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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