Federal Acquisition Regulation; Federal Acquisition Circular 2005-36; Small Entity Compliance Guide, 40468-40470 [E9-19169]
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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:
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[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
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[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
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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
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11AUR5
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
has been prepared in accordance with
Section 212 of the Small Business
Regulatory Enforcement Fairness Act of
1996. It consists of a summary of rules
appearing in Federal Acquisition
Circular (FAC) 2005–36 which amend
the FAR. Interested parties may obtain
further information regarding these
rules by referring to FAC 2005–36
which precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
40469
FOR FURTHER INFORMATION CONTACT:
Hada Flowers, FAR Secretariat, (202)
208–7282. For clarification of content,
contact the analyst whose name appears
in the table below.
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:
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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 ActPrice Adjustment (Multiple Year and
Option Contracts) and 52.222–44, Fair
Labor Standards Act and Service
Contract Act—Price Adjustment, in
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FAR case
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
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2008–038
2007–021
2009–014
2008–004
2006–013
2007–002
Analyst
Loeb.
Murphy.
Murphy.
Murphy.
Chambers.
Chambers.
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
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).
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40470
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations
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.
[FR Doc. E9–19169 Filed 8–10–09; 8:45 am]
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]]>Agencies
[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40468-40470]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-19169]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
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
[[Page 40469]]
has been prepared in accordance with Section 212 of the Small Business
Regulatory Enforcement Fairness Act of 1996. It consists of a summary
of rules appearing in Federal Acquisition Circular (FAC) 2005-36 which
amend the FAR. Interested parties may obtain further information
regarding these rules by referring to FAC 2005-36 which precedes this
document. These documents are also available via the Internet at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Hada Flowers, FAR Secretariat, (202)
208-7282. For clarification of content, contact the analyst whose name
appears in the table below.
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 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).
[[Page 40470]]
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.
[FR Doc. E9-19169 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S
