Federal Acquisition Regulation; Technical Amendments, 11832 [E9-5857]
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11832
Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
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TERMS AND CONDITIONS—SIMPLIFIED
ACQUISITIONS (OTHER THAN
COMMERCIAL ITEMS) (MAR 2009)
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(b) * * *
(2) * * *
(iii) 52.226–6, Promoting Excess Food
Donation to Nonprofit Organizations. (MAR
2009) (Pub. L. 110–247) (Applies to contracts
greater than $25,000 that provide for the
provision, the service, or the sale of food in
the United States.)
liability to the extent provided under the Bill
Emerson Good Samaritan Food Donation Act
(42 U.S.C. 1791). Nothing in this clause shall
be construed to supersede State or local
health regulations (subsection (f) of 42 U.S.C.
1791).
(e) Flowdown. The Contractor shall insert
this clause in all contracts, task orders,
delivery orders, purchase orders, and other
similar instruments greater than $25,000 with
its subcontractors or suppliers, at any tier,
who will perform, under this contract, the
provision, service, or sale of food in the
United States.
(End of clause)
[FR Doc. E9–5861 Filed 3–18–09; 8:45 am]
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■ 6. Add section 52.226–6 to read as
follows:
BILLING CODE 6820–EP–S
52.226–6 Promoting Excess Food
Donation to Nonprofit Organizations.
GENERAL SERVICES
ADMINISTRATION
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DEPARTMENT OF DEFENSE
pwalker on PROD1PC71 with RULES2
As prescribed in 26.404, insert the
following clause:
19:49 Mar 18, 2009
Jkt 217001
PART 3—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
2. Revise section 3.503–2 to read as
follows:
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3.503–2
Contract clause.
The contracting officer shall insert the
clause at 52.203–6, Restrictions on
Subcontractor Sales to the Government,
in solicitations and contracts exceeding
the simplified acquisition threshold. For
the acquisition of commercial items, the
contracting officer shall use the clause
with its Alternate I.
PART 47—TRANSPORTATION
47.103–1
PROMOTING EXCESS FOOD DONATION
TO NONPROFIT ORGANIZATIONS(MAR
2009)
(a) Definitions. As used in this clause—
Apparently wholesome food means food
that meets all quality and labeling standards
imposed by Federal, State, and local laws
and regulations even though the food may
not be readily marketable due to appearance,
age, freshness, grade, size, surplus, or other
conditions.
Excess food means food that—
(1) Is not required to meet the needs of the
executive agencies; and
(2) Would otherwise be discarded.
Food-insecure means inconsistent access to
sufficient, safe, and nutritious food.
Nonprofit organization means any
organization that is—
(1) Described in section 501(c) of the
Internal Revenue Code of 1986; and
(2) Exempt from tax under section 501(a)
of that Code.
(b) In accordance with the Federal Food
Donation Act of 2008 (Pub. L. 110–247), the
Contractor is encouraged, to the maximum
extent practicable and safe, to donate excess,
apparently wholesome food to nonprofit
organizations that provide assistance to foodinsecure people in the United States.
(c) Costs. (1) The Contractor, including any
subcontractors, shall assume the
responsibility for all the costs and the
logistical support to collect, transport,
maintain the safety of, or distribute the
excess, apparently wholesome food to the
nonprofit organization(s) that provides
assistance to food-insecure people.
(2) The Contractor will not be reimbursed
for any costs incurred or associated with the
donation of excess foods. Any costs incurred
for excess food donations are unallowable.
(d) Liability. The Government and the
Contractor, including any subcontractors,
shall be exempt from civil and criminal
VerDate Nov<24>2008
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
48 CFR Parts 3, 47, and 52
[FAC 2005–31; Item VI; Docket FAR–2009–
0003; Sequence 2]
Federal Acquisition Regulation;
Technical Amendments
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
SUMMARY: This document makes
amendments to the Federal Acquisition
Regulation in order to make editorial
changes.
[Amended]
3. Amend section 47.103–1 by
removing from paragraph (c) ‘‘ATTN:
FBA, 1800 F Street, NW., Washington,
DC 20405’’ and adding ‘‘Transportation
Audit Division (QMCA), Crystal Plaza 4,
Room 300, 2200 Crystal Drive,
Arlington, VA 22202.’’ in its place.
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PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
4. Amend section 52.225–11 by
revising the date in Alternate I; and
revising paragraph (b)(1) of Alternate I
to read as follows:
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52.225–11 Buy American Act—
Construction Materials under Trade
Agreements.
DATES:
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FOR FURTHER INFORMATION CONTACT:
Alternate I (MAR 2009). * * *
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Effective Date: March 19, 2009.
The
Regulatory Secretariat, Room 4041, GS
Building, Washington, DC, 20405, (202)
501–4755, for information pertaining to
status or publication schedules. Please
cite FAC 2005–31, Technical
Amendments.
List of Subjects in 48 CFR Parts 3, 47,
and 52
Government procurement.
Dated: March 13, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amends 48 CFR parts 3, 47, and 52 as
set forth below:
■ 1. The authority citation for 48 CFR
parts 3, 47, and 52 continues to read as
follows:
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PO 00000
Frm 00014
Fmt 4701
Sfmt 4700
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(b) Construction materials. (1) This clause
implements the Buy American Act (41 U.S.C.
10a - 10d) by providing a preference for
domestic construction material. In addition,
the Contracting Officer has determined that
the WTO GPA and all the Free Trade
Agreements except NAFTA and the Bahrain
FTA apply to this acquisition. In accordance
with 41 U.S.C. 431, the component test of the
Buy American Act is waived for construction
material that is a COTS item (See FAR
12.505(a)(2)). Therefore, the Buy American
Act restrictions are waived for designated
country construction materials other than
Bahrainian or Mexican construction
materials.
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[FR Doc. E9–5857 Filed 3–18–09; 8:45 am]
BILLING CODE 6820–EP–S
E:\FR\FM\19MRR2.SGM
19MRR2
]]>Agencies
[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Rules and Regulations]
[Page 11832]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5857]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 3, 47, and 52
[FAC 2005-31; Item VI; Docket FAR-2009-0003; Sequence 2]
Federal Acquisition Regulation; Technical Amendments
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes amendments to the Federal Acquisition
Regulation in order to make editorial changes.
DATES: Effective Date: March 19, 2009.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, Room
4041, GS Building, Washington, DC, 20405, (202) 501-4755, for
information pertaining to status or publication schedules. Please cite
FAC 2005-31, Technical Amendments.
List of Subjects in 48 CFR Parts 3, 47, and 52
Government procurement.
Dated: March 13, 2009.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amends 48 CFR parts 3, 47, and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 3, 47, and 52 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).
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
0
2. Revise section 3.503-2 to read as follows:
3.503-2 Contract clause.
The contracting officer shall insert the clause at 52.203-6,
Restrictions on Subcontractor Sales to the Government, in solicitations
and contracts exceeding the simplified acquisition threshold. For the
acquisition of commercial items, the contracting officer shall use the
clause with its Alternate I.
PART 47--TRANSPORTATION
47.103-1 [Amended]
0
3. Amend section 47.103-1 by removing from paragraph (c) ``ATTN: FBA,
1800 F Street, NW., Washington, DC 20405'' and adding ``Transportation
Audit Division (QMCA), Crystal Plaza 4, Room 300, 2200 Crystal Drive,
Arlington, VA 22202.'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
4. Amend section 52.225-11 by revising the date in Alternate I; and
revising paragraph (b)(1) of Alternate I to read as follows:
52.225-11 Buy American Act--Construction Materials under Trade
Agreements.
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Alternate I (MAR 2009). * * *
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(b) Construction materials. (1) This clause implements the Buy
American Act (41 U.S.C. 10a - 10d) by providing a preference for
domestic construction material. In addition, the Contracting Officer
has determined that the WTO GPA and all the Free Trade Agreements
except NAFTA and the Bahrain FTA apply to this acquisition. In
accordance with 41 U.S.C. 431, the component test of the Buy
American Act is waived for construction material that is a COTS item
(See FAR 12.505(a)(2)). Therefore, the Buy American Act restrictions
are waived for designated country construction materials other than
Bahrainian or Mexican construction materials.
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[FR Doc. E9-5857 Filed 3-18-09; 8:45 am]
BILLING CODE 6820-EP-S
