Federal Acquisition Regulation; Federal Acquisition Circular 2005-43; Introduction, 38674-38675 [2010-15913]

Download as PDF 38674 Federal Register / Vol. 75, No. 127 / Friday, July 2, 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) 2005–43. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http:// www.regulations.gov. SUMMARY: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2010–0076, Sequence 5] Federal Acquisition Regulation; Federal Acquisition Circular 2005–43; 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 2005–43 and the specific FAR case numbers. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. LIST OF RULES IN FAC 2005–43 Item Subject I ......... II ........ III ....... IV ....... Government Property ................................................................................................................................. Registry of Disaster Response Contractors .............................................................................................. Recovery Act Subcontract Reporting Procedures (Interim) ...................................................................... Clarification of Criteria for Sole Source Awards to Service-disabled Veteran-owned Small Business Concerns. Trade Agreements Thresholds (Interim) .................................................................................................... V ........ 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 2005–43 amends the FAR as specified below: srobinson on DSKHWCL6B1PROD with RULES3 Item I—Government Property (FAR Case 2008–011) This final rule amends the FAR to revise FAR part 45 and its associated clauses. Changes are being made to FAR parts 2, 4, 15, 32, 42, 45, and 52. These changes are to clarify and correct the previous FAR rule for part 45, Government Property, published under Federal Acquisition Circular 2005–17, FAR case 2004–025, May 15, 2007, (72 FR 27364). Minor changes are made to the proposed rule published August 6, 2009 (74 FR 39262). The rule specifically impacts contracting officers, property administrators, and contractors responsible for the management of Government property. The rule does not affect the method of managing Government property. The rule merely clarifies and corrects the previous FAR rule. Item II—Registry of Disaster Response Contractors (FAR Case 2008–035) This final rule adopts, without change, the interim rule implementing Public Law 109–295, the Department of VerDate Mar<15>2010 16:38 Jul 01, 2010 Jkt 220001 FAR Case Homeland Security Appropriations Act, 2007, section 697, which requires the establishment and maintenance of a registry of disaster response contractors. The Disaster Response Registry is located at http://www.ccr.gov. The Federal Emergency Management Agency (within the Department of Homeland Security) has a link to the registry for vendors on its Web site at http:// www.fema.gov/business/ contractor.shtm. The Registry covers domestic disaster and emergency relief activities. Item III—Recovery Act Subcontract Reporting Procedures (FAR Case 2010– 008) (Interim) This interim rule amends the FAR to revise the clause at FAR 52.204–11, American Recovery and Reinvestment Act—Reporting Requirements. The revised clause will require first-tier subcontractors with Recovery Act funded awards of $25,000 or more, to report jobs information to the prime contractor for reporting into FederalReporting.gov. It also will require the prime contractor to submit its first report on or before the 10th day after the end of the calendar quarter in which the prime contractor received the award, and quarterly thereafter. The revised clause will be used for all new solicitations and awards issued on or after the effective date of this interim rule. This clause is not required for any existing contracts, or task and delivery orders issued under a contract, that PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Analyst 2008–011 2008–035 2010–008 2008–023 Parnell Gary Morgan Cundiff 2009–040 Davis contain the original clause FAR 52.204– 11 (March 2009). Therefore, this interim rule does not require renegotiation of existing Recovery Act contracts that include the clause dated March 2009. Item IV—Clarification of Criteria for Sole Source Awards to ServiceDisabled Veteran-Owned Small Business Concerns (FAR Case 2008– 023) This final rule amends FAR 19.1406(a) to clarify the criteria that need to be met in order to conduct a sole source service-disabled veteranowned small business (SDVOSB) concern acquisition. The FAR language is amended to be consistent with the Veterans Benefit Act of 2003 (15 U.S.C. 657f) and the Small Business Administration’s regulation (13 CFR 125.20) that implements the Act. This final rule also amends FAR 19.1306(a) to clarify the criteria that need to be met in order to conduct a sole source for Historically Underutilized Business Zone (HUBZone) small business concern acquisitions. These amendments to the FAR alleviate confusion for contracting officers on the appropriate use of the criteria needed to conduct sole source HUBZONE small business and SDVOSB concern acquisitions. Item V—Trade Agreements Thresholds (FAR Case 2009–040) (Interim) This interim rule adjusts the thresholds for application of the World E:\FR\FM\02JYR3.SGM 02JYR3 Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations Trade Organization Government Procurement Agreement and the free trade agreements as determined by the United States Trade Representative, according to a pre-determined formula under the agreements. Dated: June 25, 2010. Edward Loeb, Director, Acquisition Policy Division. Federal Acquisition Circular Federal Acquisition Circular (FAC) 2005–43 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 2005–43 is effective July 2, 2010, except for Items I, II, and IV which are effective August 2, 2010. Dated: June 24, 2010. Shay D. Assad, Director, Defense Procurement and Acquisition Policy. Dated: June 24, 2010. Rodney P. Lantier, Acting Senior Procurement Executive, Office of Acquisition Policy, U.S. General Services Administration. Dated: June 23, 2010. William P. McNally, Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. 2010–15913 Filed 7–1–10; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 4, 15, 31, 32, 42, 45, and 52 RIN 9000–AL41 srobinson on DSKHWCL6B1PROD with RULES3 Federal Acquisition Regulation; FAR Case 2008–011, Government Property AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council VerDate Mar<15>2010 19:14 Jul 01, 2010 Jkt 220001 A. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 74 FR 39262, August, 6, 2009. This rule clarifies and corrects the previous FAR rule for part 45, Government Property, published under FAC 2005–17, FAR Case 2004–025, May 15, 2007 (72 FR 27364). Sixteen respondents submitted 106 comments. The comments received were grouped under 31 general topics. A discussion of the comments and the changes to the rule as a result of these comments are provided below: 1. Access There is no revision to the proposed rule based on this category of comment. One respondent recommended revising FAR 52.245–1(g)(4) to provide Government access to contractor site locations at reasonable times. The Councils did not agree. Similar language is already contained in the proposed rule at FAR 52.245–1(g)(1). The proposed FAR language at 52.245– 1(g)(1) provides for Government access to all contractor site locations, prime and subcontractor (with prime contractor consent). This language was merely consolidated. The language consolidated and relocated subsections 52.245–1(g)(1) and 52.245–1(g)(4) into one subsection. 2. Closeout [FAC 2005–43; FAR Case 2008–011; Item I; Docket 2009–0029; Sequence 1] SUMMARY: (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to revise FAR part 45, Government Property, and its associated clauses. DATES: Effective Date: August 2, 2010. FOR FURTHER INFORMATION CONTACT: Ms.nbsp; Jeritta Parnell, Procurement Analyst, at (202) 501–4082, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–43, FAR Case 2008–011. SUPPLEMENTARY INFORMATION: There is no revision to the proposed rule based on this comment category. One respondent suggested adding a new paragraph after FAR 52.245–1(f)(x) entitled Disposition of contractor inventory. The Councils noted the issue raised by the commenter. The recommendations are outside the scope of this particular case. 3. Commingling There is no revision to the proposed rule based on this comment category. Two respondents suggested that commingling Government and PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 38675 contractor material should not occur. One respondent questioned whether equipment can be commingled by being located with similar equipment. Another respondent recommended revising FAR 52.245–1(f)(1)(viii)(B) to address commingling while in storage or in stockrooms. The Councils do not agree. The practice of commingling only applies to material. Equipment, special tooling, and special test equipment can be co-located, but by their nature are not commingled. The Councils see no need to limit the applicability of commingling to a particular location(s). 4. Contractor Records There is no revision to the proposed rule based on this comment category. Two respondents submitted three comments on contractor records. Two comments requested clarification on retention periods in FAR 4.705–3(h). In addition, one commenter requested clarification of the term ‘‘property records’’ in FAR 4.705–3(h). Another respondent recommended removal of language ‘‘consisting of equipment usage and status reports’’ from FAR 4.705–3(c). The Councils disagree. The beginning of the retention period is defined in FAR 4.704(a). The definition of property records is in the proposed rule at FAR 45.101. The recommendation for removal of language from FAR 4.705– 3(c) is outside the scope of this particular case and will be considered in the formulation of a new case. 5. Corrective Action There is a revision to the proposed rule at FAR 52.245–1(g)(3) based on this comment category. Two respondents recommended revising the action required for corrective action. One respondent recommended additional language to distinguish between the lines of authority and responsibility as follows: ‘‘ * * * the contractor shall immediately take all necessary corrective actions and shall prepare a corrective action plan at the request of the Property Administrator.’’ The Councils partially agree. The language at FAR 52.245– 1(g)(3) is revised to add ‘‘* * * the contractor shall prepare a corrective action plan when requested by the Property Administrator and take all necessary corrective actions as specified by the schedule within the corrective action plan.’’ The second respondent suggested that there needs to be a better audit protocol and due process in property management practices. The Councils noted the issues raised by this respondent and the respondent’s recommended revisions to FAR 52.245– 1(g)(3). These revisions are outside the E:\FR\FM\02JYR3.SGM 02JYR3

Agencies

[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38674-38675]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15913]



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Part IV





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1



Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 75 , No. 127 / Friday, July 2, 2010 / Rules 
and Regulations

[[Page 38674]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2010-0076, Sequence 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-43; 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) 2005-43. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is available via the Internet at http://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 2005-43 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.

                      List of Rules in FAC 2005-43
------------------------------------------------------------------------
    Item             Subject             FAR Case           Analyst
------------------------------------------------------------------------
I..........  Government Property....        2008-011  Parnell
II.........  Registry of Disaster           2008-035  Gary
              Response Contractors.
III........  Recovery Act                   2010-008  Morgan
              Subcontract Reporting
              Procedures (Interim).
IV.........  Clarification of               2008-023  Cundiff
              Criteria for Sole
              Source Awards to
              Service-disabled
              Veteran-owned Small
              Business Concerns.
V..........  Trade Agreements               2009-040  Davis
              Thresholds (Interim).
------------------------------------------------------------------------


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 2005-43 amends the FAR as specified below:

Item I--Government Property (FAR Case 2008-011)

    This final rule amends the FAR to revise FAR part 45 and its 
associated clauses. Changes are being made to FAR parts 2, 4, 15, 32, 
42, 45, and 52. These changes are to clarify and correct the previous 
FAR rule for part 45, Government Property, published under Federal 
Acquisition Circular 2005-17, FAR case 2004-025, May 15, 2007, (72 FR 
27364). Minor changes are made to the proposed rule published August 6, 
2009 (74 FR 39262).
    The rule specifically impacts contracting officers, property 
administrators, and contractors responsible for the management of 
Government property. The rule does not affect the method of managing 
Government property. The rule merely clarifies and corrects the 
previous FAR rule.

Item II--Registry of Disaster Response Contractors (FAR Case 2008-035)

    This final rule adopts, without change, the interim rule 
implementing Public Law 109-295, the Department of Homeland Security 
Appropriations Act, 2007, section 697, which requires the establishment 
and maintenance of a registry of disaster response contractors. The 
Disaster Response Registry is located at http://www.ccr.gov. The 
Federal Emergency Management Agency (within the Department of Homeland 
Security) has a link to the registry for vendors on its Web site at 
http://www.fema.gov/business/contractor.shtm. The Registry covers 
domestic disaster and emergency relief activities.

Item III--Recovery Act Subcontract Reporting Procedures (FAR Case 2010-
008) (Interim)

    This interim rule amends the FAR to revise the clause at FAR 
52.204-11, American Recovery and Reinvestment Act--Reporting 
Requirements. The revised clause will require first-tier subcontractors 
with Recovery Act funded awards of $25,000 or more, to report jobs 
information to the prime contractor for reporting into 
FederalReporting.gov. It also will require the prime contractor to 
submit its first report on or before the 10th day after the end of the 
calendar quarter in which the prime contractor received the award, and 
quarterly thereafter.
    The revised clause will be used for all new solicitations and 
awards issued on or after the effective date of this interim rule. This 
clause is not required for any existing contracts, or task and delivery 
orders issued under a contract, that contain the original clause FAR 
52.204-11 (March 2009). Therefore, this interim rule does not require 
renegotiation of existing Recovery Act contracts that include the 
clause dated March 2009.

Item IV--Clarification of Criteria for Sole Source Awards to Service-
Disabled Veteran-Owned Small Business Concerns (FAR Case 2008-023)

    This final rule amends FAR 19.1406(a) to clarify the criteria that 
need to be met in order to conduct a sole source service-disabled 
veteran-owned small business (SDVOSB) concern acquisition. The FAR 
language is amended to be consistent with the Veterans Benefit Act of 
2003 (15 U.S.C. 657f) and the Small Business Administration's 
regulation (13 CFR 125.20) that implements the Act. This final rule 
also amends FAR 19.1306(a) to clarify the criteria that need to be met 
in order to conduct a sole source for Historically Underutilized 
Business Zone (HUBZone) small business concern acquisitions. These 
amendments to the FAR alleviate confusion for contracting officers on 
the appropriate use of the criteria needed to conduct sole source 
HUBZONE small business and SDVOSB concern acquisitions.

Item V--Trade Agreements Thresholds (FAR Case 2009-040) (Interim)

    This interim rule adjusts the thresholds for application of the 
World

[[Page 38675]]

Trade Organization Government Procurement Agreement and the free trade 
agreements as determined by the United States Trade Representative, 
according to a pre-determined formula under the agreements.

    Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-43 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 2005-43 is 
effective July 2, 2010, except for Items I, II, and IV which are 
effective August 2, 2010.

    Dated: June 24, 2010.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
    Dated: June 24, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of Acquisition Policy, U.S. 
General Services Administration.
    Dated: June 23, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. 2010-15913 Filed 7-1-10; 8:45 am]
BILLING CODE 6820-EP-P