Federal Acquisition Regulation; Federal Acquisition Circular 2005-36; Introduction, 40458-40459 [E9-19161]

Download as PDF 40458 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations and National Aeronautics and Space Administration (NASA). DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION ACTION: Summary presentation of rules. This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005–36. 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. SUMMARY: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2009–0001, Sequence 7] Federal Acquisition Regulation; Federal Acquisition Circular 2005–36; Introduction AGENCIES: Department of Defense (DoD), General Services Administration (GSA), DATES: For effective dates and comment dates, see separate documents, which follow. FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the table below in relation to each FAR case. Please cite FAC 2005–36 and the specific FAR case numbers. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. LIST OF RULES IN FAC 2005–36 Item Subject I ............ II ........... III .......... IV .......... V ........... VI .......... Federal Technical Data Solution (FedTeDS) .................................................................................. Fair Labor Standards Act and Service Contract Act Price Adjustment Clauses ............................ New Designated Country—Taiwan .................................................................................................. Prohibition on Restricted Business Operations in Sudan and Imports from Burma ....................... List of Approved Attorneys, Abstractors, and Title Companies ...................................................... Cost Accounting Standards (CAS) Administration and Associated Federal Acquisition Regulation Clauses. Technical Amendments ................................................................................................................... VII ......... SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments to these FAR cases, refer to the specific item number and subject set forth in the documents following these item summaries. FAC 2005–36 amends the FAR as specified below: srobinson on DSKHWCL6B1PROD with RULES5 Item I—Federal Technical Data Solution (FedTeDS) (FAR Case 2008– 038) This final rule amends the Federal Acquisition Regulation (FAR) subparts 5.1, 5.2, and 7.1 to remove all references to the Federal Technical Data Solution (FedTeDS) System, and refer to the enhanced capabilities of the Governmentwide Point of Entry (GPE) system. The FedTeDS system was used to post on-line technical data packages and other items associated with solicitations that required some level of access control. It was interfaced directly with the GPE system. In April 2008, the newest version of the GPE was launched. This version incorporated the capabilities of FedTeDS, allowing the FedTeDS system to be retired. This rule will only have a slight impact on Government. It will inform and direct both internal and external users to the new system and website. This rule does not have a significant impact on any automated systems. VerDate Nov<24>2008 21:07 Aug 10, 2009 Jkt 217001 FAR case Item II—Fair Labor Standards Act and Service Contract Act Price Adjustment Clauses (FAR Case 2007–021) This final rule amends the Federal Acquisition Regulation (FAR) to specifically require the incorporation of FAR clauses 52.222–43, Fair Labor Standards Act and Service Contract ActPrice Adjustment (Multiple Year and Option Contracts) and 52.222–44, Fair Labor Standards Act and Service Contract Act—Price Adjustment, in time-and-materials and labor-hour service contracts that are subject to the Service Contract Act. Item III—New Designated Country— Taiwan (FAR Case 2009–014) (Interim) This interim rule implements in FAR Parts 22, 25, and 52, as appropriate, the designation of Taiwan under the World Trade Organization Agreement on Government Procurement, which took effect on July 15, 2009. This FAR change allows contracting officers to purchase goods and services made in Taiwan without application of the Buy American Act if the acquisition is covered by the World Trade Organization Agreement on Government Procurement. PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 2008–038 2007–021 2009–014 2008–004 2006–013 2007–002 Analyst Loeb. Murphy. Murphy. Murphy. Chambers. Chambers. Item IV—Prohibition on Restricted Business Operations in Sudan and Imports from Burma (FAR Case 2008– 004) This final rule converts the interim rule published in the Federal Register at 73 FR 33636 on June 12, 2008, to a final rule with changes. This final rule implements Section 6 of the Sudan Accountability and Divestment Act of 2007, which requires certification in each contract entered into by an executive agency that the contractor does not conduct certain business operations in Sudan. In addition, in accordance with Executive Orders 13310 and 13448, the Councils added Burma to the list of countries from which most imports are prohibited. Item V—List of Approved Attorneys, Abstractors, and Title Companies (FAR Case 2006–013) This final rule amends Federal Acquisition Regulation (FAR) 28.203–3 and 52.228–11 to update the procedures for the acceptance of a bond with a security interest in real property. The FAR has relied on the Department of Justice (DOJ) to provide a ‘‘List of Approved Attorneys, Abstractors, and Title Companies’’. However, DOJ has discontinued maintenance of the List. Replacing the List, DOJ published ‘‘Title Standards 2001’’, establishing the evidence requirements for acceptance of E:\FR\FM\11AUR5.SGM 11AUR5 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations title to real property for individual sureties. The rule also provides that in lieu of evidence of title that is consistent with DOJ standards, that sureties may provide a mortgagee title insurance policy in an insurance amount equal to the amount of the lien. Item VI—Cost Accounting Standards (CAS) Administration and Associated Federal Acquisition Regulation Clauses (FAR Case 2007–002) This final rule converts, without change, the interim rule published in the Federal Register at 73 FR 54011 September 17, 2008. No comments were received in response to the interim rule. The interim rule amended the Federal Acquisition Regulation (FAR) to revise FAR 30.201–4(b)(1) and FAR 52.230–1 through 52.230–5 to maintain consistency between the Federal Acquisition Regulation (FAR) and Cost Accounting Standards (CAS) regarding the administration of the CAS Board’s rules, regulations and standards. Effective June 14, 2007, the CAS Board amended the contract clauses contained in its rules and regulations at 48 CFR 9903.201–4, pertaining to the administration of CAS, to adjust the CAS applicability threshold in accordance with section 822 of the 2006 National Defense Authorization Act (Pub. L. 109–163). That section amended 41 U.S.C. 422(f)(2)(A) to require that the threshold for CAS applicability be the same as the threshold for compliance with the Truth in Negotiations Act (TINA). Item VII—Technical Amendments Editorial changes are made at FAR 32.503–9, 52.213–4, and 52.244–6. srobinson on DSKHWCL6B1PROD with RULES5 Dated: August 4, 2009. Al Matera, Director, Office of Acquisition Policy. Federal Acquisition Circular (FAC) 2005-36 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005-36 is effective August 11, 2009, except for Items I, II, and V, which are effective September 10, 2009. Dated: August 3, 2009. Shay D. Assad, Director, Defense Procurement and Acquisition Policy. Dated: August 3, 2009. Rodney P. Lantier, Acting Senior Procurement Executive, Office of the Chief Acquisition Officer, U.S. General Services Administration. Dated: August 3, 2009. William P. McNally, Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. E9–19161 Filed 8–10–09; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 21:07 Aug 10, 2009 Jkt 217001 for the past several years to post on-line technical data packages and other items associated with solicitations that required some level of access control. It was interfaced directly with the Governmentwide Point of Entry (GPE) i.e., FedBizOpps system. In April 2008, a new version of the GPE was launched. This version incorporated the capabilities of FedTeDS, thereby allowing FedTeDS to be retired. FAR Sections 5.102, 5.207 and 7.105 will be amended to (1) remove all references to FedTeDS and refer to the enhanced controls of the GPE, (2) address technical data availability via GPE in lieu of FedTeDS, and (3) substitute GPE in lieu of FedTeDS in references to acquisition plans. 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. 48 CFR Parts 5 and 7 B. Regulatory Flexibility Act [FAC 2005–36; FAR Case 2008–038; Item I; Docket 2009–0028, Sequence 1] 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 Parts 5 and 7 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 2005–36, FAR case 2008–038), in all correspondence. RIN 9000–AL32 Federal Acquisition Regulation; FAR Case 2008–038, Federal Technical Data Solution (FedTeDS) 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) are issuing a final rule to amend the Federal Acquisition Regulation (FAR) to reflect that FedTeDS capabilities have been incorporated into the Governmentwide Point of Entry (GPE). References to FedTeDS are amended to reflect the GPE i.e., FedBizOpps system. DATES: Effective Date: September 10, 2009. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Ed Loeb, Director, Contract Policy Division at (202) 501–0650. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–36, FAR case 2008–038. SUPPLEMENTARY INFORMATION: A. Background The Federal Technical Data Solution (FedTeDS) is the system that was used VerDate Nov<24>2008 40459 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Parts 5 and 7 Government procurement. Dated: August 4, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 5 and 7 as set forth below: ■ 1. The authority citation for 48 CFR parts 5 and 7 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\11AUR5.SGM 11AUR5

Agencies

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40458-40459]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19161]



[[Page 40457]]

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Part VI





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1



Federal Acquisition Regulation; Final Rules

Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / 
Rules and Regulations

[[Page 40458]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2009-0001, Sequence 7]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-36; Introduction

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of rules.

-----------------------------------------------------------------------

SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 2005-36. 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 dates and comment dates, see separate documents, 
which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to each FAR case. Please cite FAC 2005-36 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the FAR Secretariat at (202) 501-4755.

                                          List of Rules in FAC 2005-36
----------------------------------------------------------------------------------------------------------------
      Item                          Subject                             FAR case                 Analyst
----------------------------------------------------------------------------------------------------------------
I..............  Federal Technical Data Solution (FedTeDS)....  2008-038                 Loeb.
II.............  Fair Labor Standards Act and Service Contract  2007-021                 Murphy.
                  Act Price Adjustment Clauses.
III............  New Designated Country--Taiwan...............  2009-014                 Murphy.
IV.............  Prohibition on Restricted Business Operations  2008-004                 Murphy.
                  in Sudan and Imports from Burma.
V..............  List of Approved Attorneys, Abstractors, and   2006-013                 Chambers.
                  Title Companies.
VI.............  Cost Accounting Standards (CAS)                2007-002                 Chambers.
                  Administration and Associated Federal
                  Acquisition Regulation Clauses.
VII............  Technical Amendments.........................  .......................  .......................
----------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments to these FAR cases, refer to the 
specific item number and subject set forth in the documents following 
these item summaries.
    FAC 2005-36 amends the FAR as specified below:

Item I--Federal Technical Data Solution (FedTeDS) (FAR Case 2008-038)

    This final rule amends the Federal Acquisition Regulation (FAR) 
subparts 5.1, 5.2, and 7.1 to remove all references to the Federal 
Technical Data Solution (FedTeDS) System, and refer to the enhanced 
capabilities of the Governmentwide Point of Entry (GPE) system. The 
FedTeDS system was used to post on-line technical data packages and 
other items associated with solicitations that required some level of 
access control. It was interfaced directly with the GPE system. In 
April 2008, the newest version of the GPE was launched. This version 
incorporated the capabilities of FedTeDS, allowing the FedTeDS system 
to be retired. This rule will only have a slight impact on Government. 
It will inform and direct both internal and external users to the new 
system and website. This rule does not have a significant impact on any 
automated systems.

Item II--Fair Labor Standards Act and Service Contract Act Price 
Adjustment Clauses (FAR Case 2007-021)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
specifically require the incorporation of FAR clauses 52.222-43, Fair 
Labor Standards Act and Service Contract Act-Price Adjustment (Multiple 
Year and Option Contracts) and 52.222-44, Fair Labor Standards Act and 
Service Contract Act--Price Adjustment, in time-and-materials and 
labor-hour service contracts that are subject to the Service Contract 
Act.

Item III--New Designated Country--Taiwan (FAR Case 2009-014) (Interim)

    This interim rule implements in FAR Parts 22, 25, and 52, as 
appropriate, the designation of Taiwan under the World Trade 
Organization Agreement on Government Procurement, which took effect on 
July 15, 2009. This FAR change allows contracting officers to purchase 
goods and services made in Taiwan without application of the Buy 
American Act if the acquisition is covered by the World Trade 
Organization Agreement on Government Procurement.

Item IV--Prohibition on Restricted Business Operations in Sudan and 
Imports from Burma (FAR Case 2008-004)

    This final rule converts the interim rule published in the Federal 
Register at 73 FR 33636 on June 12, 2008, to a final rule with changes. 
This final rule implements Section 6 of the Sudan Accountability and 
Divestment Act of 2007, which requires certification in each contract 
entered into by an executive agency that the contractor does not 
conduct certain business operations in Sudan. In addition, in 
accordance with Executive Orders 13310 and 13448, the Councils added 
Burma to the list of countries from which most imports are prohibited.

Item V--List of Approved Attorneys, Abstractors, and Title Companies 
(FAR Case 2006-013)

    This final rule amends Federal Acquisition Regulation (FAR) 28.203-
3 and 52.228-11 to update the procedures for the acceptance of a bond 
with a security interest in real property. The FAR has relied on the 
Department of Justice (DOJ) to provide a ``List of Approved Attorneys, 
Abstractors, and Title Companies''. However, DOJ has discontinued 
maintenance of the List. Replacing the List, DOJ published ``Title 
Standards 2001'', establishing the evidence requirements for acceptance 
of

[[Page 40459]]

title to real property for individual sureties.
    The rule also provides that in lieu of evidence of title that is 
consistent with DOJ standards, that sureties may provide a mortgagee 
title insurance policy in an insurance amount equal to the amount of 
the lien.

Item VI--Cost Accounting Standards (CAS) Administration and Associated 
Federal Acquisition Regulation Clauses (FAR Case 2007-002)

    This final rule converts, without change, the interim rule 
published in the Federal Register at 73 FR 54011 September 17, 2008. No 
comments were received in response to the interim rule. The interim 
rule amended the Federal Acquisition Regulation (FAR) to revise FAR 
30.201-4(b)(1) and FAR 52.230-1 through 52.230-5 to maintain 
consistency between the Federal Acquisition Regulation (FAR) and Cost 
Accounting Standards (CAS) regarding the administration of the CAS 
Board's rules, regulations and standards.
    Effective June 14, 2007, the CAS Board amended the contract clauses 
contained in its rules and regulations at 48 CFR 9903.201-4, pertaining 
to the administration of CAS, to adjust the CAS applicability threshold 
in accordance with section 822 of the 2006 National Defense 
Authorization Act (Pub. L. 109-163). That section amended 41 U.S.C. 
422(f)(2)(A) to require that the threshold for CAS applicability be the 
same as the threshold for compliance with the Truth in Negotiations Act 
(TINA).

Item VII--Technical Amendments

    Editorial changes are made at FAR 32.503-9, 52.213-4, and 52.244-6.

    Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
    Federal Acquisition Circular (FAC) 2005-36 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-36 is 
effective August 11, 2009, except for Items I, II, and V, which are 
effective September 10, 2009.

    Dated: August 3, 2009.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.

    Dated: August 3, 2009.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of the Chief Acquisition 
Officer, U.S. General Services Administration.

    Dated: August 3, 2009.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. E9-19161 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S