Federal Acquisition Regulation; Technical Amendments, 52860-52861 [E9-24584]
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52860
ACTION:
Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
Final rule.
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing a final rule
amending the Federal Acquisition
Regulation (FAR) to reflect reissuance of
the Federal Emergency Management
Agency’s (FEMA) National Response
Plan (NRP). On January 22, 2008, FEMA
reissued the NRP as the National
Response Framework (NRF). In
addition, the term ‘‘Incident of National
Significance’’ was eliminated. These
changes became effective on March 22,
2008.
DATES: Effective Date: November 13,
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 2005–37, FAR case 2009–003.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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A. Background
On January 22, 2008, FEMA, a
component of the Department of
Homeland Security, reissued the
National Response Plan (NRP) as the
National Response Framework (NRF).
With the reissuance, the term ‘‘Incidents
of National Significance’’ was
eliminated. These changes became
effective on March 22, 2008. Both the
NRP and the term ‘‘Incidents of National
Significance’’ are now obsolete.
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
and other interested parties concerning
the affected FAR part 18 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 2005–37, FAR case 2009–003), in
all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
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17:52 Oct 13, 2009
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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 Part 18
Government procurement.
Dated: October 5, 2009.
Al Matera,
Director, Office of Acquisition Policy.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 5 and 52
[FAC 2005–37; Item VIII; Docket 2009–0009;
Sequence 5]
■
Federal Acquisition Regulation;
Technical Amendments
PART 18—EMERGENCY
ACQUISITIONS
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 18 as set forth
below:
1. The authority citation for 48 CFR
part 18 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).
2. Amend section 18.001 by revising
paragraph (c) to read as follows:
■
18.001
Definition.
*
*
*
*
*
(c) When the President issues an
emergency declaration, or a major
disaster declaration.
■ 3. Amend section 18.203 by revising
the section heading to read as follows:
18.203 Emergency declaration or major
disaster declaration.
*
*
*
*
*
■ 4. Amend section 18.204 by revising
paragraph (a) to read as follows:
18.204
Resources.
(a) National Response Framework.
The National Response Framework
(NRF) is a guide to how the Nation
conducts all-hazards response. This key
document establishes a comprehensive,
national, all-hazards approach to
domestic incident response. The
Framework identifies the key response
principles, roles and structures that
organize national response. It describes
how communities, States, the Federal
Government, the private-sector, and
nongovernmental partners apply these
principles for a coordinated, effective
national response. It also describes
special circumstances where the Federal
Government exercises a larger role,
including incidents where Federal
interests are involved and catastrophic
incidents where a State would require
significant support. The NRF is
available at https://www.fema.gov/
emergency/nrf/.
*
*
*
*
*
[FR Doc. E9–24580 Filed 10–13–09; 8:45 am]
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SUMMARY: This document makes
amendments to the Federal Acquisition
Regulation in order to make editorial
changes.
DATES: Effective Date: October 14, 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 2005–37,
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 5 and
52
Government procurement.
Dated: October 5, 2009.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 5 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 5 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 5—PUBLICIZING CONTRACT
ACTIONS
5.102
[Amended]
2. Amend section 5.102 by removing
from paragraph (a)(5)(ii) ‘‘GPE;’’ and
adding ‘‘GPE; or’’ in its place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.213–4 by
revising the date of the clause; and
removing from paragraph (a)(1)(v) ‘‘(Feb
2006)’’ and adding ‘‘(June 2008)’’ in its
place.
■
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Federal Register / Vol. 74, No. 197 / Wednesday, October 14, 2009 / Rules and Regulations
■
The revised text reads as follows:
DEPARTMENT OF DEFENSE
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other Than
Commercial Items).
GENERAL SERVICES
ADMINISTRATION
*
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
*
*
*
*
TERMS AND CONDITIONS—SIMPLIFIED
ACQUISITIONS (OTHER THAN
COMMERCIAL ITEMS) (OCT 2009)
*
*
52.244–6
*
*
*
48 CFR Chapter 1
[Docket FAR 2009–0002, Sequence 8]
[Amended]
4. Amend section 52.244–6 by
removing from the clause heading
‘‘(August 11, 2009)’’ and adding ‘‘(Aug
2009)’’ in its place.
■
[FR Doc. E9–24584 Filed 10–13–09; 8:45 am]
BILLING CODE 6820–EP–S
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–37;
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
52861
Secretary of Defense, the Administrator
of General Services and the
Administrator of the National
Aeronautics and Space Administration.
This Small Entity Compliance Guide 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) 2005–37 which amend
the FAR. Interested parties may obtain
further information regarding these
rules by referring to FAC 2005–37
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 2005–37
Item
Subject
I ............
II ...........
Registry of Disaster Response Contractors (Interim) ......................................................................
Limiting Length of Noncompetitive Contracts in ‘‘Unusual and Compelling Urgency’’ Circumstances.
GAO Access to Contractor Employees ...........................................................................................
Use of Commercial Services Item Authority (Interim) .....................................................................
Limitations on Pass-Through Charges (Interim) ..............................................................................
Award Fee Language Revision (Interim) .........................................................................................
National Response Framework .......................................................................................................
Technical Amendments ...................................................................................................................
III ..........
IV ..........
V ...........
VI ..........
VII .........
VIII ........
FAR case
Analyst
2008–035
2007–008
Loeb.
Woodson.
2008–026
2008–034
2008–031
2008–008
2009–003
Loeb.
Chambers.
Chambers.
Chambers.
Loeb.
updated to include these changes. In
addition, the FEMA website has been
updated with a link to the CCR search
feature which provides access to the
disaster response registry. Contracting
officers will be required to consult this
registry during market research and
acquisition planning.
in an amount greater than the simplified
acquisition threshold. The rule
implements the requirements of section
862 of the Duncan Hunter National
Defense Authorization Act (NDAA) for
Fiscal Year 2009 (Pub. L. 110–417). The
rule is intended to strengthen Federal
acquisition competition policies.
Item I—Registry of Disaster Response
Contractors (FAR Case 2008–035)
(Interim)
Item II—Limiting Length of
Noncompetitive Contracts in ‘‘Unusual
and Compelling Urgency’’
Circumstances (FAR Case 2007–008)
Item III—GAO Access to Contractor
Employees (FAR Case 2008–026)
This interim rule amends the FAR at
parts 2, 4, 7, 10, 13, 18, 26, and 52 to
implement the Registry of Disaster
Response Contractors provision, section
697 of the Department of Homeland
Security (DHS) Appropriations Act,
2007 (6 U.S.C. 796).
The Act requires that the Federal
Emergency Management Agency
(FEMA) establish and maintain this
registry. It also requires that the registry
include business information consistent
with the data that is currently required
in the Central Contractor Registration
(CCR) with two additional categories
added to reflect the area served by the
business, and the bonding level of the
business concern. The CCR has been
This final rule amends the FAR to
require that contracts awarded under
the authority of FAR 6.302–2, Unusual
and compelling urgency, may not
exceed the time necessary to meet the
unusual and compelling requirements,
may not exceed the time for the agency
to enter into another contract for the
required goods and services through the
use of competitive procedures, and may
not exceed one year unless the head of
the agency entering into the contract
determines that exceptional
circumstances apply. The determination
may be made after contract award when
making the determination prior to
award would unnecessarily delay the
award. The rule applies to any contract
SUPPLEMENTARY INFORMATION:
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Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR cases,
refer to the specific item number and
subject set forth in the documents
following these item summaries.
FAC 2005–37 amends the FAR as
specified below:
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This final rule converts the interim
rule published in the Federal Register at
74 FR 14649, March 31, 2009, to a final
rule without change. The interim rule
amended FAR 52.215–2, Audits and
Records—Negotiation, and FAR 52.214–
26, Audit and Records—Sealed Bidding,
to allow the Government Accountability
Office to interview current contractor
employees when conducting audits. The
rule does not apply to the acquisition of
commercial items; therefore, FAR
12.503 was amended to add the
exemption of this rule. This change
implemented section 871 of the Duncan
Hunter NDAA for Fiscal Year 2009 (Pub.
L. 110–417).
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]]>Agencies
[Federal Register Volume 74, Number 197 (Wednesday, October 14, 2009)]
[Rules and Regulations]
[Pages 52860-52861]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24584]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5 and 52
[FAC 2005-37; Item VIII; Docket 2009-0009; Sequence 5]
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: October 14, 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 2005-37, 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 5 and 52
Government procurement.
Dated: October 5, 2009.
Al Matera,
Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 5 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 5 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 5--PUBLICIZING CONTRACT ACTIONS
5.102 [Amended]
0
2. Amend section 5.102 by removing from paragraph (a)(5)(ii) ``GPE;''
and adding ``GPE; or'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 52.213-4 by revising the date of the clause; and
removing from paragraph (a)(1)(v) ``(Feb 2006)'' and adding ``(June
2008)'' in its place.
[[Page 52861]]
0
The revised text reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
TERMS AND CONDITIONS--SIMPLIFIED ACQUISITIONS (OTHER THAN
COMMERCIAL ITEMS) (OCT 2009)
* * * * *
52.244-6 [Amended]
0
4. Amend section 52.244-6 by removing from the clause heading ``(August
11, 2009)'' and adding ``(Aug 2009)'' in its place.
[FR Doc. E9-24584 Filed 10-13-09; 8:45 am]
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