Federal Acquisition Regulation; Federal Acquisition Circular 2005-36; Introduction, 40458-40459 [E9-19161]
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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 https://
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.
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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.
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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
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40459
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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
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]]>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
-----------------------------------------------------------------------
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 https://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
