Federal Acquisition Regulation; FAR Case 2008-038, Federal Technical Data Solution (FedTeDS), 40459-40460 [E9-19162]

Download as PDF 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 40460 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations PART 5—PUBLICIZING CONTRACT ACTIONS DEPARTMENT OF DEFENSE 2. Amend section 5.102 by— ■ a. Revising paragraph (a)(4) and the introductory text of paragraph (a)(5); ■ b. Removing paragraph (a)(5)(iii); and ■ c. Redesignating paragraph (a)(5)(iv) as (a)(5)(iii). ■ The revised text reads as follows: ■ 5.102 [Amended] 3. Amend section 5.207 by removing from paragraph (c)(18) ‘‘FedTeDS (https://www.fedteds.gov)’’ and adding ‘‘https://www.fedbizopps.gov’’ in its place. ■ PART 7—ACQUISITION PLANNING 7.105 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 22 and 52 [FAC 2005–36; FAR Case 2007–021; Item II; Docket 2009–0004; Sequence 2] RIN 9000–AL14 Availability of solicitations. (a) * * * (4) When an agency determines that a solicitation contains information that requires additional controls to monitor access and distribution (e.g., technical data, specifications, maps, building designs, schedules, etc.), the information shall be made available through the enhanced controls of the GPE, unless an exception in paragraph (a)(5) of this section applies. The GPE meets the synopsis and advertising requirements of this part. (5) The contracting officer need not make a solicitation available through the GPE as required in paragraph (a)(4) of this section, when— * * * * * 5.207 GENERAL SERVICES ADMINISTRATION Federal Acquisition Regulation; FAR Case 2007–021, Fair Labor Standards Act and Service Contract Act Price Adjustment Clauses 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 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-andmaterials and labor-hour service contracts that are subject to the Service Contract Act. No comments were received in response to the proposed rule. DATES: [Amended] 4. Amend section 7.105 by removing from paragraph (b)(15) ‘‘Federal Technical Data Solution (FedTeDS)’’ and adding ‘‘enhanced controls of the GPE at https://www.fedbizopps.gov’’ in its place. ■ [FR Doc. E9–19162 Filed 8–10–09; 8:45 am] BILLING CODE 6820–EP–S Effective Date: September 10, 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 Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–36, FAR case 2007–021. SUPPLEMENTARY INFORMATION: srobinson on DSKHWCL6B1PROD with RULES5 A. Background This final rule amends the FAR to revise the clause prescriptions at FAR 22.1006(c)(1) and (2) to specifically require that time-and-materials and labor-hour service contracts subject to the Service Contract Act contain the appropriate price adjustment clauses set forth at FAR 52.222–43 and 52.222–44. DoD, GSA, and NASA published a proposed rule in the Federal Register at 74 FR 872 on January 9, 2009. VerDate Nov<24>2008 21:07 Aug 10, 2009 Jkt 217001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 Despite the fact that the previous prescriptions did not require use of the clauses in time-and-materials or laborhour contracts, there was actually broad usage of the clause(s) in such contracts. This change will achieve consistency throughout the Government acquisition community and resolve potential inequities where the clauses have not been applied. It will achieve an equitable result for contractors and will also allow the Government to avoid use of other means of adjusting contract unit price labor rates which may be more costly to the Government. Other means of adjusting contract labor rates, such as allowing for wage/benefit escalation, equitable adjustment or economic price adjustment, would likely include profit, overhead, and general and administrative expenses. The FAR clauses at 52.222–43 and 52.222–44 explicitly exclude these additional costs. The clause prescriptions at FAR 22.1006(c)(1) and (c)(2) currently require that Service Contract Act wage determination updates be applied to contracts subject to the FAR clause at 52.222–41, Service Contract Act of 1965 but, as required by FAR clause 52.222– 41, minimum monetary wages and fringe benefits to be paid to service employees under the contract may be subject to adjustment, under wage determinations issued by the Department of Labor. While there may be other means permitted to adjust fixed labor rates on time-and-materials or labor-hour contracts, those other means do not achieve the consistent results that use of the Service Contract Act price adjustment clause(s) will achieve. 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 it merely clarifies the existing prescriptions relating to service contracts. FAR clause 52.222–41 requires contractors to comply with wage determinations of the Department of Labor and may require adjustment to wage rates during the term of the contract. Most contracts that include E:\FR\FM\11AUR5.SGM 11AUR5

Agencies

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40459-40460]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19162]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 5 and 7

[FAC 2005-36; FAR Case 2008-038; Item I; Docket 2009-0028, Sequence 1]
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 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.

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 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.

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.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 5 and 7 as set forth 
below:

0
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).

[[Page 40460]]

PART 5--PUBLICIZING CONTRACT ACTIONS

0
2. Amend section 5.102 by--
0
a. Revising paragraph (a)(4) and the introductory text of paragraph 
(a)(5);
0
b. Removing paragraph (a)(5)(iii); and
0
c. Redesignating paragraph (a)(5)(iv) as (a)(5)(iii).
0
The revised text reads as follows:


5.102  Availability of solicitations.

    (a) * * *
    (4) When an agency determines that a solicitation contains 
information that requires additional controls to monitor access and 
distribution (e.g., technical data, specifications, maps, building 
designs, schedules, etc.), the information shall be made available 
through the enhanced controls of the GPE, unless an exception in 
paragraph (a)(5) of this section applies. The GPE meets the synopsis 
and advertising requirements of this part.
    (5) The contracting officer need not make a solicitation available 
through the GPE as required in paragraph (a)(4) of this section, when--
* * * * *


5.207  [Amended]

0
3. Amend section 5.207 by removing from paragraph (c)(18) ``FedTeDS 
(https://www.fedteds.gov)'' and adding ``https://www.fedbizopps.gov'' in 
its place.

PART 7--ACQUISITION PLANNING


7.105  [Amended]

0
4. Amend section 7.105 by removing from paragraph (b)(15) ``Federal 
Technical Data Solution (FedTeDS)'' and adding ``enhanced controls of 
the GPE at https://www.fedbizopps.gov'' in its place.
[FR Doc. E9-19162 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S

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