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