Federal Acquisition Regulation; FAR Case 2008-014, Amendments to Incorporate New Wage Determinations, 11827-11828 [E9-5873]

Download as PDF Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations Dated: March 13, 2009. Al Matera, Director, Office of Acquisition Policy. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION Therefore, DoD, GSA, and NASA amend 48 CFR part 15 as set forth below: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PART 15—CONTRACTING BY NEGOTIATION 48 CFR Part 22 1. The authority citation for 48 CFR part 15 continues to read as follows: RIN 9000–AL17 ■ [FAC 2005–31; FAR Case 2008–014; Item III; Docket 2009-0006; Sequence 1] ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). ■ Federal Acquisition Regulation; FAR Case 2008–014, Amendments to Incorporate New Wage Determinations 15.403–1 Prohibition on obtaining cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 254b). AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. 2. Amend section 15.403–1 by revising paragraphs (c)(3)(ii)(B) and (c)(3)(ii)(C) to read as follows: * * * * * (c) * * * (3) * * * (ii) * * * (B) For acquisitions funded by DoD, NASA, or Coast Guard, such modifications of a commercial item are exempt from the requirement for submission of cost or pricing data provided the total price of all such modifications under a particular contract action does not exceed the greater of the threshold for obtaining cost and pricing data in 15.403–4 or 5 percent of the total price of the contract at the time of contract award. (C) For acquisitions funded by DoD, NASA, or Coast Guard such modifications of a commercial item are not exempt from the requirement for submission of cost or pricing data on the basis of the exemption provided for at FAR 15.403–1(c)(3) if the total price of all such modifications under a particular contract action exceeds the greater of the threshold for obtaining cost and pricing data in 15.403–4 or 5 percent of the total price of the contract at the time of contract award. * * * * * [FR Doc. E9–5869 Filed 3–18–09; 8:45 am] pwalker on PROD1PC71 with RULES2 BILLING CODE 6820–EP–S VerDate Nov<24>2008 17:29 Mar 18, 2009 Jkt 217001 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 preclude a possible scenario where a contracting officer has to unnecessarily reevaluate proposals already eliminated from a competition. DATES: Effective Date: April 20, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Ernest Woodson, Procurement Analyst, at (202) 501–3775. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAC 2005–31, FAR case 2008–014. SUPPLEMENTARY INFORMATION: 11827 furnished as an amendment to all prospective offerors that submitted proposals. There is an apparent inconsistency between this and FAR 15.206(c) which requires that amendments issued after closing shall be issued to all offerors that have not been eliminated from the competition. This final rule amends the Federal Acquisition Regulation to correct the inconsistency at FAR 22.404–5(c)(3) by changing the language to indicate a contracting officer shall amend solicitations to incorporate new wage determinations and furnish the wage rate information to all offerors that have not been eliminated from the competition, if the closing date for receipt of offers has already passed. 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 Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Public Law 98–577, and publication for public comments is not required. However, the Councils will consider comments from small entities concerning the affected FAR Part 22 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAC 2005–31, FAR case 2008– 014), in correspondence. A. Background C. Paperwork Reduction Act The Department of Labor (DOL) regulations set forth at 29 CFR 1.6(c)(2) and (3) require that, when contracting by negotiation, the contracting agencies must place modified wage determinations (WDs) into solicitations and contracts if the WDs are received before contract award. FAR 22.404–6(c) establishes that when contracting by negotiation, all written actions modifying WDs received by the contracting agency before contract award, or modifications to general WDs published on the Wage Determination Online (WDOL) before award, shall be incorporated into the solicitation. If an effective WD is received by the contracting officer before award, the contracting officer shall follow the procedures in FAR 22.404–5(c)(3) or (4). FAR 22.404–5(c)(3) covers contracting by negotiation when the closing date has passed; and it requires that a new WD with a changed wage rate must be The Paperwork Reduction Act does not apply, because the final rule does not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. Chapter 35, et seq. PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 List of Subjects in 48 CFR Part 22 Government procurement. Dated: March 13, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 22 as set forth below: ■ PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION 1. The authority citation for 48 CFR part 22 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). E:\FR\FM\19MRR2.SGM 19MRR2 11828 22.404–5 Federal Register / Vol. 74, No. 52 / Thursday, March 19, 2009 / Rules and Regulations [Amended] at FAR 25.003 and (b) the definition of ‘‘designated country’’ in the clauses at FAR 52.225–5, Trade Agreements, and 52.225–11, Buy American Act— Construction Materials Under Trade Agreements. 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. 2. Amend section 22.404–5 in paragraph (c)(3) by removing ‘‘submitted proposals’’ and adding ‘‘have not been eliminated from the competition’’ in its place. ■ [FR Doc. E9–5873 Filed 3–17–09; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 25 and 52 [FAC 2005–31; FAR Case 2008–021; Item IV; Docket 2009-0005; Sequence 1] RIN 9000–AL16 Federal Acquisition Regulation; FAR Case 2008–021, Least Developed Countries that are Designated Countries AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. 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 implement a revision by the United States Trade Representative (USTR) to the list of Least Developed Countries that are designated countries under the Trade Agreements Act of 1979. DATES: Effective Date: March 19, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Meredith Murphy, Procurement Analyst, at (202) 208–6925. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAC 2005–31, FAR case 2008–021. SUPPLEMENTARY INFORMATION: SUMMARY: pwalker on PROD1PC71 with RULES2 The list of Least Developed Countries is derived from a United Nations list of Least Developed Countries. The USTR has revised the list of Least Developed Countries that are designated as eligible countries under the Trade Agreements Act of 1979, as amended, to add Liberia and to remove Cape Verde. This final rule amends the FAR to revise (a) the definitions of ‘‘designated country’’ and ‘‘least developed country’’ 17:29 Mar 18, 2009 C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the FAR do not impose information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. Chapter 35, et seq. List of Subjects in 48 CFR Parts 25 and 52 Government procurement. Dated: March 13, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 25 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 25 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 25—FOREIGN ACQUISITION 2. Amend section 25.003 by revising paragraph (3) of the definition ‘‘Designated country’’ and the definition ‘‘Least developed country’’ to read as follows: ■ A. Background VerDate Nov<24>2008 B. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Pub. L. 98–577, and publication for public comments is not required. However, the Councils will consider comments from small entities concerning the affected FAR Parts 25 and 52 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 601, et seq. (FAC 2005–31, FAR case 2008–021), in correspondence. Jkt 217001 25.003 Definitions. * * * * * Designated country means any of the following countries: * * * * * (3) A least developed country (Afghanistan, Angola, Bangladesh, PO 00000 Frm 00010 Fmt 4701 Sfmt 4700 Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia); or * * * * * Least developed country means any of the following countries: Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, Guinea, Guinea-Bissau, Haiti, Kiribati, Laos, Lesotho, Liberia, Madagascar, Malawi, Maldives, Mali, Mauritania, Mozambique, Nepal, Niger, Rwanda, Samoa, Sao Tome and Principe, Senegal, Sierra Leone, Solomon Islands, Somalia, Tanzania, Togo, Tuvalu, Uganda, Vanuatu, Yemen, or Zambia. * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.212–5 by revising the date of the clause and paragraph (b)(31) to read as follows: ■ 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. * * * * * CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (MAR 2009) * * * (b) * * * * * ll (31) 52.225–5, Trade Agreements (MAR 2009) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). * * * * * 4. Amend section 52.225-5 by revising the date of the clause and in paragraph (a) in the definition ‘‘Designated country’’, revising paragraph (3) to read as follows: ■ 52.225–5 * * Trade Agreements. * * * TRADE AGREEMENTS (MAR 2009) (a) * * * Designated Country * * * (3) A least developed country (Afghanistan, Angola, Bangladesh, Benin, Bhutan, Burkina Faso, Burundi, Cambodia, Central African Republic, Chad, Comoros, Democratic Republic of Congo, Djibouti, East Timor, Equatorial Guinea, Eritrea, Ethiopia, Gambia, E:\FR\FM\19MRR2.SGM 19MRR2

Agencies

[Federal Register Volume 74, Number 52 (Thursday, March 19, 2009)]
[Rules and Regulations]
[Pages 11827-11828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-5873]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 22

[FAC 2005-31; FAR Case 2008-014; Item III; Docket 2009-0006; Sequence 
1]
RIN 9000-AL17


Federal Acquisition Regulation; FAR Case 2008-014, Amendments to 
Incorporate New Wage Determinations

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 preclude a 
possible scenario where a contracting officer has to unnecessarily 
reevaluate proposals already eliminated from a competition.

DATES: Effective Date: April 20, 2009.

FOR FURTHER INFORMATION CONTACT:  For clarification of content, contact 
Mr. Ernest Woodson, Procurement Analyst, at (202) 501-3775. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-31, FAR case 
2008-014.

SUPPLEMENTARY INFORMATION:

A. Background

    The Department of Labor (DOL) regulations set forth at 29 CFR 
1.6(c)(2) and (3) require that, when contracting by negotiation, the 
contracting agencies must place modified wage determinations (WDs) into 
solicitations and contracts if the WDs are received before contract 
award. FAR 22.404-6(c) establishes that when contracting by 
negotiation, all written actions modifying WDs received by the 
contracting agency before contract award, or modifications to general 
WDs published on the Wage Determination Online (WDOL) before award, 
shall be incorporated into the solicitation. If an effective WD is 
received by the contracting officer before award, the contracting 
officer shall follow the procedures in FAR 22.404-5(c)(3) or (4). FAR 
22.404-5(c)(3) covers contracting by negotiation when the closing date 
has passed; and it requires that a new WD with a changed wage rate must 
be furnished as an amendment to all prospective offerors that submitted 
proposals. There is an apparent inconsistency between this and FAR 
15.206(c) which requires that amendments issued after closing shall be 
issued to all offerors that have not been eliminated from the 
competition.
    This final rule amends the Federal Acquisition Regulation to 
correct the inconsistency at FAR 22.404-5(c)(3) by changing the 
language to indicate a contracting officer shall amend solicitations to 
incorporate new wage determinations and furnish the wage rate 
information to all offerors that have not been eliminated from the 
competition, if the closing date for receipt of offers has already 
passed.
    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 Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Part 22 in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-31, FAR case 
2008-014), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the final rule 
does not impose information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. Chapter 
35, et seq.

List of Subjects in 48 CFR Part 22

    Government procurement.

    Dated: March 13, 2009.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 22 as set forth below:

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITION

0
1. The authority citation for 48 CFR part 22 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).

[[Page 11828]]

22.404-5  [Amended]

0
2. Amend section 22.404-5 in paragraph (c)(3) by removing ``submitted 
proposals'' and adding ``have not been eliminated from the 
competition'' in its place.
[FR Doc. E9-5873 Filed 3-17-09; 8:45 am]
BILLING CODE 6820-EP-S

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