Federal Acquisition Regulation; Technical Amendments, 40468 [E9-19168]

Download as PDF 40468 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 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, at 5 U.S.C. 601, et seq., because contracts and subcontracts awarded to small businesses are exempt from the Cost Accounting Standards. 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 30 and 52 Government procurement. SUMMARY: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes. DATES: Effective Date: August 11, 2009. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1800 F Street, NW., Room 4041, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–35, Technical Amendments. SUPPLEMENTARY INFORMATION: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes. List of Subjects in 48 CFR Parts 32 and 52 Government procurement. Dated: August 4, 2009. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 32 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 32 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). Dated: August 4, 2009. Al Matera, Director, Office of Acquisition Policy. PART 32—CONTRACT FINANCING Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR parts 30 and 52, which was published in the Federal Register at 73 FR 54011 on September 17, 2008, is adopted as a final rule without change. ■ 32.503–9 PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES [FR Doc. E9–19167 Filed 8–10–09; 8:45 am] 52.213–4 BILLING CODE 6820–EP–S 3. Amend section 52.213–4 by revising the date of the clause; and removing from paragraph (a)(2)(vi) ‘‘(Mar 2009’’) and adding August 11, 2009 in its place. ■ 4. Amend section 52.244–6 by— ■ a. Revising the date of the clause; and ■ b. Revising paragraphs (c)(1)(i), (c)(1)(ii), (c)(1)(iii), (c)(1)(vii), and (c)(1)(ix) to read as follows:52.244–6 Subcontracts for Commercial Items. * * * * * GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 32 and 52 [FAC 2005–36; Item VII; Docket 2009–0003, Sequence 4] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: VerDate Nov<24>2008 21:07 Aug 10, 2009 Jkt 217001 [Amended] [FR Doc. E9–19168 Filed 8–10–09; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION ■ DEPARTMENT OF DEFENSE srobinson on DSKHWCL6B1PROD with RULES5 [Amended] 2. Amend section 32.503–9 in paragraph (a)(7) by removing paragraph ‘‘(a)(4’’) and adding paragraph ‘‘(a)(5’’) in its place. ■ of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer. (ii) 52.203–15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111–5), if the subcontract is funded under the Recovery Act.(iii) 52.219–8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219–8 in lower tier subcontracts that offer subcontracting opportunities. * * * * * (vii) 52.222–39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201), if flow down is required in accordance with paragraph (g) of FAR clause 52.222–39). * * * * * (ix) 52.247–64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247–64. * * * * * SUBCONTRACTS FOR COMMERCIAL ITEMS (August 11, 2009) * * * * * (c)(1) * * * (i) 52.203–13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110–252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2009–0002, Sequence 7] Federal Acquisition Regulation; Federal Acquisition Circular 2005–36; Small Entity Compliance Guide AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. SUMMARY: This document is issued under the joint authority of the Secretary of Defense, the Administrator of General Services and the Administrator of the National Aeronautics and Space Administration. This Small Entity Compliance Guide E:\FR\FM\11AUR5.SGM 11AUR5

Agencies

[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Page 40468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19168]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 32 and 52

[FAC 2005-36; Item VII; Docket 2009-0003, Sequence 4]


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: August 11, 2009.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1800 F 
Street, NW., Room 4041, Washington, DC, 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. Please cite 
FAC 2005-35, Technical Amendments.

SUPPLEMENTARY INFORMATION: This document makes amendments to the 
Federal Acquisition Regulation in order to make editorial changes.

List of Subjects in 48 CFR Parts 32 and 52

    Government procurement.

    Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 32 and 52 as set forth 
below:

0
1. The authority citation for 48 CFR parts 32 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 32--CONTRACT FINANCING


32.503-9  [Amended]

0
2. Amend section 32.503-9 in paragraph (a)(7) by removing paragraph 
``(a)(4'') and adding paragraph ``(a)(5'') in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.213-4  [Amended]

0
3. Amend section 52.213-4 by revising the date of the clause; and 
removing from paragraph (a)(2)(vi) ``(Mar 2009'') and adding August 11, 
2009 in its place.

0
4. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Revising paragraphs (c)(1)(i), (c)(1)(ii), (c)(1)(iii), (c)(1)(vii), 
and (c)(1)(ix) to read as follows:52.244-6 Subcontracts for Commercial 
Items.
* * * * *
    SUBCONTRACTS FOR COMMERCIAL ITEMS (August 11, 2009)
* * * * *
    (c)(1) * * *
    (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 
2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if 
the subcontract exceeds $5,000,000 and has a performance period of more 
than 120 days. In altering this clause to identify the appropriate 
parties, all disclosures of violation of the civil False Claims Act or 
of Federal criminal law shall be directed to the agency Office of the 
Inspector General, with a copy to the Contracting Officer.
    (ii) 52.203-15, Whistleblower Protections Under the American 
Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5), 
if the subcontract is funded under the Recovery Act.(iii) 52.219-8, 
Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) 
and (3)), if the subcontract offers further subcontracting 
opportunities. If the subcontract (except subcontracts to small 
business concerns) exceeds $550,000 ($1,000,000 for construction of any 
public facility), the subcontractor must include 52.219-8 in lower tier 
subcontracts that offer subcontracting opportunities.
* * * * *
    (vii) 52.222-39, Notification of Employee Rights Concerning Payment 
of Union Dues or Fees (Dec 2004) (E.O. 13201), if flow down is required 
in accordance with paragraph (g) of FAR clause 52.222-39).
* * * * *
    (ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial 
Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow 
down is required in accordance with paragraph (d) of FAR clause 52.247-
64.
* * * * *
[FR Doc. E9-19168 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S