Federal Acquisition Regulation; Federal Acquisition Circular 2005-39; Introduction, 13412-13413 [2010-5984]
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Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
Summary presentation of rules.
This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2005–39. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
available via the Internet at https://
www.regulations.gov.
SUMMARY:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010–0076, Sequence 1]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–39;
Introduction
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
DATES: For effective dates and comment
dates, see separate documents, which
follow.
FOR FURTHER INFORMATION CONTACT: The
analyst whose name appears in the table
below in relation to each FAR case.
Please cite FAC 2005–39 and the
specific FAR case numbers. For
information pertaining to status or
publication schedules, contact the FAR
Secretariat at (202) 501–4755.
LIST OF RULES IN FAC 2005–39
Item
Subject
I ............
II ...........
Extend Use of Simplified Acquisition Procedures for Certain Commercial Items ...........................
Clarification of Submission of Cost or Pricing Data on Non-Commercial Modifications of Commercial Items.
Use of Standard Form 26 - Award/Contract ....................................................................................
Enhanced Competition for Task- and Delivery-Order Contracts-Section 843 of the Fiscal Year
2008 National Defense Authorization Act.
Trade Agreements—Costa Rica, Oman, and Peru .........................................................................
Payments Under Fixed-Price Architect-Engineer Contracts ...........................................................
Technical Amendment .....................................................................................................................
III ..........
IV ..........
V ...........
VI ..........
VII .........
SUPPLEMENTARY INFORMATION:
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 2005–39 amends the FAR as
specified below:
erowe on DSK5CLS3C1PROD with RULES_2
Item I—Extend Use of Simplified
Acquisition Procedures for Certain
Commercial Items (FAR Case 2009–035)
This final rule amends the FAR to
implement section 816 of the National
Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2010. The rule extends
for two more years the commercial
items test program in FAR subpart 13.5.
The program was to expire January 1,
2010.
Item II—Clarification of Submission of
Cost or Pricing Data on NonCommercial Modifications of
Commercial Items (FAR Case 2008–012)
This final rule adopts, with minor
changes, the interim rule published in
the Federal Register at 74 FR 11826 on
March 19, 2009. The interim rule
amended the FAR to implement section
814 of the NDAA for FY 2008. Section
814 requires the harmonization of the
threshold for cost or pricing data on
non-commercial modifications of
commercial items with the Truth in
Negotiations Act (TINA) threshold for
VerDate Nov<24>2008
14:19 Mar 18, 2010
Jkt 220001
FAR case
cost or pricing data. By linking the
threshold for cost or pricing data on
non-commercial modifications of
commercial items with the TINA
threshold at FAR 15.403–4, whenever
the TINA threshold is adjusted the
threshold for cost or pricing data on
non-commercial modifications of
commercial items will be automatically
adjusted as well.
Item III—Use of Standard Form 26 Award/Contract (FAR Case 2008–040)
This final rule modifies the
instructions for use of the Standard
Form 26, Award/Contract, at FAR
subparts 15.5 and 53.2 to clarify that
block 18 of the form should not be used
to award a negotiated procurement. No
change is made to existing policy or
procedures.
Item IV—Enhanced Competition for
Task- and Delivery-Order Contracts—
Section 843 of the Fiscal Year 2008
National Defense Authorization Act
(FAR Case 2008–006)
This final rule adopts, with changes,
the interim rule published in the
Federal Register at 73 FR 54008 on
September 17, 2008. The interim rule
amended FAR subpart 16.5 to
implement section 843 of the NDAA for
FY 2008. The provisions of section 843
include (1) Limitation on single award
task- or delivery-order contracts greater
than $100 million; (2) Enhanced
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
Analyst
2009–035
2008–012
Jackson.
Chambers.
2008–040
2008–006
Jackson.
Clark.
2008–036
2008–015
Sakalos.
Neurauter.
competition for task and delivery orders
in excess of $5 million; and (3)
Restriction on protests in connection
with issuance or proposed issuance of a
task or delivery order except for a
protest on orders on the grounds that
the order increases the scope, period, or
maximum value of the contract under
which the order is issued, or a protest
of an order valued in excess of $10
million. Several changes are made to the
FAR as result of public comments on
the interim rule. FAR 16.503 is
amended to clarify that a requirements
contract is awarded to one contractor.
FAR 16.504(c)(1)(ii)(D)(3) is amended to
clarify that the agency-head
determination to award a single-award
task- or delivery-order contract over
$100 million does not apply to an
architect-engineer task- or deliveryorder contract awarded pursuant to FAR
subpart 36.6. The Councils also revised
FAR 16.504(c)(1)(ii)(D)(3) to state that
the requirement for a determination for
a single-award contract greater than
$100 million is in addition to any
applicable requirements of FAR subpart
6.3. This change is made to clarify that
the determination for a single award
task- or delivery-order contract greater
than $100 million is required in
addition to the Justification and
Approval (J&A) required by FAR subpart
6.3 when a procurement will be
E:\FR\FM\19MRR2.SGM
19MRR2
Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Rules and Regulations
conducted as other than full and open
competition.
Item V—Trade Agreements—Costa
Rica, Oman, and Peru (FAR Case 2008–
036)
The Councils have adopted as final,
without change, an interim rule
published in the Federal Register at 74
FR 28426 on June 15, 2009, amending
the FAR to implement the Dominican
Republic—Central America—United
States Free Trade Agreement with
respect to Costa Rica, the United StatesOman Free Trade Agreement, and the
United States-Peru Trade Promotion
Agreement.
This final rule allows contracting
officers to purchase the goods and
services of Costa Rica, Oman, and Peru
without application of the Buy
American Act if the acquisition is
subject to the applicable trade
agreements.
Item VI—Payments Under Fixed-Price
Architect-Engineer Contracts (FAR Case
2008–015)
This rule amends FAR 52.232–10,
Payments under Fixed-Price ArchitectEngineer Contracts, to revise and clarify
the retainage requirements. The
contracting officer can withhold up to
10 percent of the payment due in any
billing period when the contracting
officer determines that such a
withholding is necessary to protect the
Government’s interest and ensure
satisfactory completion of the contract.
However, withholding the entire 10
percent is not required, and no
withholding is required if the
contractor’s performance has been
satisfactory. The changes clarify that
retainage is optional and any amounts
retained should not be held over beyond
the satisfactory completion of the
instant contract.
Item VII—Technical Amendment
An editorial change has been made at
FAR 14.202–4(a)(3).
erowe on DSK5CLS3C1PROD with RULES_2
Dated: March 15, 2010.
Al Matera,
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC)
2005-39 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 2005-39 is effective March 19,
2010, except for Items III, IV, and VI,
which are effective April 19, 2010.
VerDate Nov<24>2008
14:19 Mar 18, 2010
Jkt 220001
Dated: March 12, 2010.
Linda W. Neilson,
Deputy Director, Defense Procurement and
Acquisition Policy (Defense Acquisition
Regulations System).
Dated: March 11, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office
of Acquisition Policy, U.S. General Services
Administration.
Dated: March 8, 2010.
William P. McNally,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. 2010–5984 Filed 3–18–10; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
13413
A. Background
This final rule amends the FAR to
revise section 13.500(d) to implement
section 816 of the NDAA for FY 2010.
Section 816 of the NDAA for FY 2010
strikes out ‘‘2010’’ in subsection (e) of
section 4202 of the Clinger-Cohen Act of
1996 (Division D of Pub. L. 104–106, 10
U.S.C. 2304 note) as amended by section
822 of the NDAA for FY 2008 (Pub. L.
110—181) and inserts ‘‘2012.’’ FAR
subpart 13.5 authorizes as a test
program, the use of simplified
procedures for the acquisition of certain
commercial items in amounts greater
than the simplified acquisition
threshold, but not exceeding $5.5
million, ($11 million for acquisitions
described in FAR 13.500(e)) including
options, if the contracting officer can
reasonably expect that offers will
include commercial items. FAR subpart
13.500(d) authorizes the contracting
officer to issue solicitations under this
subpart until January 1, 2010. This final
rule extends this authority to January 1,
2012.
48 CFR Part 13
B. Decision to Issue a Final Rule
[FAC 2005–39; FAR Case 2009–035; Item
I; Docket 2010–0080, Sequence 1]
This case implements section 816 of
the NDAA for FY 2010. It merely
extends the end date of the Commercial
Item Test Program from January 1, 2010,
to January 1, 2012. Therefore, because
there is no change in policy or
procedure, the Councils determined to
issue a final rule without comment.
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.
RIN 9000–AL52
Federal Acquisition Regulation; FAR
Case 2009–035, Extend Use of
Simplified Acquisition Procedures for
Certain Commercial Items
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 revise subpart 13.5,
‘‘Test Program for Certain Commercial
Items,’’ to implement section 816 of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2010 (Pub.
L. 111–84). The rule extends the
program for two more years. The
program was to expire January 1, 2010.
DATES: Effective Date: March 19, 2010.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Michael O. Jackson, Procurement
Analyst, at (202) 208–4949. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–39, FAR
case 2009–035.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
C. 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 Pub. L. 98–577, and
publication for public comments is not
required.
The Councils will consider comments
from small entities concerning the
existing regulations in parts affected by
this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (FAC 2005–39, FAR Case
2009–035) in correspondence.
D. 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
E:\FR\FM\19MRR2.SGM
19MRR2
]]>Agencies
[Federal Register Volume 75, Number 53 (Friday, March 19, 2010)]
[Rules and Regulations]
[Pages 13412-13413]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-5984]
[[Page 13411]]
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Part IV
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 75, No. 53 / Friday, March 19, 2010 / Rules
and Regulations
[[Page 13412]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0076, Sequence 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-39; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of rules.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2005-39. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the Internet at https://www.regulations.gov.
DATES: For effective dates and comment dates, see separate documents,
which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to each FAR case. Please cite FAC 2005-39 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
List of Rules in FAC 2005-39
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I.............. Extend Use of Simplified Acquisition 2009-035 Jackson.
Procedures for Certain Commercial Items.
II............. Clarification of Submission of Cost or 2008-012 Chambers.
Pricing Data on Non-Commercial Modifications
of Commercial Items.
III............ Use of Standard Form 26 - Award/Contract..... 2008-040 Jackson.
IV............. Enhanced Competition for Task- and Delivery- 2008-006 Clark.
Order Contracts-Section 843 of the Fiscal
Year 2008 National Defense Authorization Act.
V.............. Trade Agreements--Costa Rica, Oman, and Peru. 2008-036 Sakalos.
VI............. Payments Under Fixed-Price Architect-Engineer 2008-015 Neurauter.
Contracts.
VII............ Technical Amendment.......................... ....................... .......................
----------------------------------------------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: 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 2005-39 amends the FAR as specified below:
Item I--Extend Use of Simplified Acquisition Procedures for Certain
Commercial Items (FAR Case 2009-035)
This final rule amends the FAR to implement section 816 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010.
The rule extends for two more years the commercial items test program
in FAR subpart 13.5. The program was to expire January 1, 2010.
Item II--Clarification of Submission of Cost or Pricing Data on Non-
Commercial Modifications of Commercial Items (FAR Case 2008-012)
This final rule adopts, with minor changes, the interim rule
published in the Federal Register at 74 FR 11826 on March 19, 2009. The
interim rule amended the FAR to implement section 814 of the NDAA for
FY 2008. Section 814 requires the harmonization of the threshold for
cost or pricing data on non-commercial modifications of commercial
items with the Truth in Negotiations Act (TINA) threshold for cost or
pricing data. By linking the threshold for cost or pricing data on non-
commercial modifications of commercial items with the TINA threshold at
FAR 15.403-4, whenever the TINA threshold is adjusted the threshold for
cost or pricing data on non-commercial modifications of commercial
items will be automatically adjusted as well.
Item III--Use of Standard Form 26 - Award/Contract (FAR Case 2008-040)
This final rule modifies the instructions for use of the Standard
Form 26, Award/Contract, at FAR subparts 15.5 and 53.2 to clarify that
block 18 of the form should not be used to award a negotiated
procurement. No change is made to existing policy or procedures.
Item IV--Enhanced Competition for Task- and Delivery-Order Contracts--
Section 843 of the Fiscal Year 2008 National Defense Authorization Act
(FAR Case 2008-006)
This final rule adopts, with changes, the interim rule published in
the Federal Register at 73 FR 54008 on September 17, 2008. The interim
rule amended FAR subpart 16.5 to implement section 843 of the NDAA for
FY 2008. The provisions of section 843 include (1) Limitation on single
award task- or delivery-order contracts greater than $100 million; (2)
Enhanced competition for task and delivery orders in excess of $5
million; and (3) Restriction on protests in connection with issuance or
proposed issuance of a task or delivery order except for a protest on
orders on the grounds that the order increases the scope, period, or
maximum value of the contract under which the order is issued, or a
protest of an order valued in excess of $10 million. Several changes
are made to the FAR as result of public comments on the interim rule.
FAR 16.503 is amended to clarify that a requirements contract is
awarded to one contractor. FAR 16.504(c)(1)(ii)(D)(3) is amended to
clarify that the agency-head determination to award a single-award
task- or delivery-order contract over $100 million does not apply to an
architect-engineer task- or delivery-order contract awarded pursuant to
FAR subpart 36.6. The Councils also revised FAR 16.504(c)(1)(ii)(D)(3)
to state that the requirement for a determination for a single-award
contract greater than $100 million is in addition to any applicable
requirements of FAR subpart 6.3. This change is made to clarify that
the determination for a single award task- or delivery-order contract
greater than $100 million is required in addition to the Justification
and Approval (J&A) required by FAR subpart 6.3 when a procurement will
be
[[Page 13413]]
conducted as other than full and open competition.
Item V--Trade Agreements--Costa Rica, Oman, and Peru (FAR Case 2008-
036)
The Councils have adopted as final, without change, an interim rule
published in the Federal Register at 74 FR 28426 on June 15, 2009,
amending the FAR to implement the Dominican Republic--Central America--
United States Free Trade Agreement with respect to Costa Rica, the
United States-Oman Free Trade Agreement, and the United States-Peru
Trade Promotion Agreement.
This final rule allows contracting officers to purchase the goods
and services of Costa Rica, Oman, and Peru without application of the
Buy American Act if the acquisition is subject to the applicable trade
agreements.
Item VI--Payments Under Fixed-Price Architect-Engineer Contracts (FAR
Case 2008-015)
This rule amends FAR 52.232-10, Payments under Fixed-Price
Architect-Engineer Contracts, to revise and clarify the retainage
requirements. The contracting officer can withhold up to 10 percent of
the payment due in any billing period when the contracting officer
determines that such a withholding is necessary to protect the
Government's interest and ensure satisfactory completion of the
contract. However, withholding the entire 10 percent is not required,
and no withholding is required if the contractor's performance has been
satisfactory. The changes clarify that retainage is optional and any
amounts retained should not be held over beyond the satisfactory
completion of the instant contract.
Item VII--Technical Amendment
An editorial change has been made at FAR 14.202-4(a)(3).
Dated: March 15, 2010.
Al Matera,
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-39 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 2005-39 is
effective March 19, 2010, except for Items III, IV, and VI, which are
effective April 19, 2010.
Dated: March 12, 2010.
Linda W. Neilson,
Deputy Director, Defense Procurement and Acquisition Policy (Defense
Acquisition Regulations System).
Dated: March 11, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of Acquisition Policy, U.S.
General Services Administration.
Dated: March 8, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2010-5984 Filed 3-18-10; 8:45 am]
BILLING CODE 6820-EP-S
