Federal Acquisition Regulation; Federal Acquisition Circular 2005-47; Small Entity Compliance Guide, 77745-77747 [2010-30568]
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Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations
the paperwork burden previously
approved under OMB Control Number
9000–0173.
List of Subjects in 48 CFR Parts 15, 31,
and 52
Government procurement.
Dated: November 24, 2010.
Millisa Gary,
Acting Director, Acquisition Policy Division.
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
DATES: Effective Date: December 13,
2010.
SUMMARY:
PART 15—CONTRACTING BY
NEGOTIATION
The
FAR Secretariat, 1275 First St., NE.,
Washington, DC 20417, (202) 501–4755,
for information pertaining to status or
publication schedules. Please cite FAC
2005–47, Technical Amendments.
SUPPLEMENTARY INFORMATION: This
document makes amendments to the
Federal Acquisition Regulation (FAR) in
48 CFR parts 3, 5, 7, and 10 for purposes
of updating.
1. The authority citation for 48 CFR
part 15 continues to read as follows:
List of Subjects in 48 CFR Parts 3, 5, 7,
and 10
FOR FURTHER INFORMATION CONTACT:
Interim Rule Adopted as Final With
Changes
Accordingly, the interim rule
amending 48 CFR parts 15, 31, and 52,
which was published in the Federal
Register at 74 FR 52853, October 14,
2009, is adopted as final with the
following changes:
■
■
15.408 Solicitation provisions and
contract clauses.
*
*
*
*
*
(n) * * *
(2)(i) * * *
(B) * * *
(2) * * *
(v) A fixed-price incentive contract
awarded on the basis of adequate price
competition; or
(vi) A fixed-price incentive contract
for the acquisition of a commercial item.
[FR Doc. 2010–30567 Filed 12–10–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 3, 5, 7, and 10 as
set forth below:
■ 1. The authority citation for 48 CFR
parts 3, 5, 7, and 10 continues to read
as follows:
AGENCIES:
SUMMARY:
PART 3—IMPROPER BUSINESS
PRACTICES AND PERSONAL
CONFLICTS OF INTEREST
3.104–1
[Amended]
DEPARTMENT OF DEFENSE
■
5.601
GENERAL SERVICES
ADMINISTRATION
[Amended]
3. Amend section 5.601 by removing
from paragraphs (a), (b)(1), and (b)(2)
‘‘https://www.contractdirectory.gov’’ and
adding ‘‘https://
www.contractdirectory.gov/
contractdirectory/’’ in its place.
■
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 3, 5, 7, and 10
mstockstill on DSKH9S0YB1PROD with RULES3
5. Amend section 10.002 by removing
from paragraph (b)(2)(iv) ‘‘https://
www.contractdirectory.gov’’ and adding
‘‘https://www.contractdirectory.gov/
contractdirectory/’’ in its place.
■
■
PART 5—PUBLICIZING CONTRACT
ACTIONS
[FAC 2005–47; Item VII; Docket 2010–0110,
Sequence 1]
PART 7—ACQUISITION PLANNING
7.105
Federal Acquisition Regulation;
Technical Amendments
[Amended]
4. Amend section 7.105 by removing
from paragraph (b)(1), in the second
sentence, ‘‘https://
www.contractdirectory.gov’’ and adding
■
Department of Defense (DoD),
General Services Administration (GSA),
Jkt 223001
[Amended]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–47;
Small Entity Compliance Guide
BILLING CODE 6820–EP–P
[FR Doc. 2010–30566 Filed 12–10–10; 8:45 am]
16:09 Dec 10, 2010
10.002
Dated: November 24, 2010.
Millisa Gary,
Acting Director, Acquisition Policy Division.
2. Amend section 3.104–1 by
removing from the definition ‘‘Federal
agency procurement,’’ in the second
sentence, the word ‘‘innovative’’ and
adding the word ‘‘innovation’’ in its
place.
VerDate Mar<15>2010
PART 10—MARKET RESEARCH
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 15.408 by—
a. Removing from paragraph
(n)(2)(i)(B)(2)(iii) the word ‘‘or’’;
■ b. Removing the period from the end
of paragraph (n)(2)(i)(B)(2)(iv) and
adding a semicolon in its place; and
■ c. Adding paragraphs (n)(2)(i)(B)(2)(v)
and (n)(2)(i)(B)(2)(vi) to read as follows:
■
■
AGENCIES:
‘‘https://www.contractdirectory.gov/
contractdirectory/’’ in its place.
[Docket FAR 2010–0077, Sequence 9]
Government procurement.
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
77745
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Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
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 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) 2005–47, which amend
the FAR. An asterisk (*) next to a rule
indicates that a regulatory flexibility
analysis has been performed. Interested
parties may obtain further information
regarding these rules by referring to FAC
2005–47, which precedes this
document. These documents are also
available via the Internet at https://
www.regulations.gov.
For effective dates see separate
documents, which follow.
FOR FURTHER INFORMATION CONTACT: The
analyst whose name appears in the table
below. Please cite FAC 2005–47 and the
specific FAR case number. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at (202) 501–
4755.
DATES:
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Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations
LIST OF RULES IN FAC 2005–47
Item
Subject
I .................................
*II ...............................
III ...............................
IV ...............................
V ................................
VI ...............................
VII ..............................
Notification of Employee Rights Under the National Labor Relations Act (Interim) ..........
HUBZone Program Revisions ............................................................................................
Preventing Abuse of Interagency Contracts (Interim) ........................................................
Small Disadvantaged Business Self-Certification (Interim) ................................................
Uniform Suspension and Debarment Requirement (Interim) .............................................
Limitation on Pass-Through Charges .................................................................................
Technical Amendments.
mstockstill on DSKH9S0YB1PROD with RULES3
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 2005–47 amends the FAR as
specified below:
Item I—Notification of Employee Rights
Under the National Labor Relations Act
(FAR Case 2010–006) (Interim)
This interim rule amends the Federal
Acquisition Regulation (FAR) to
implement Executive Order 13496,
Notification of Employee Rights Under
Federal Labor Laws, as implemented by
the Department of Labor (DoL). The
Executive order requires contractors and
subcontractors to post a notice that
includes employee rights under the
National Labor Relations Act, 29 U.S.C.
151 et seq. This Act encourages
collective bargaining, and protects the
exercise by employees of their freedom
to associate, to self organize and to
designate representatives of their own
choosing for the purpose of negotiating
the terms and conditions of their
employment. This FAR interim rule
establishes a new subpart 22.16,
Notification of Employee Rights under
the National Labor Relations Act. The
rule also creates a new FAR clause
52.222–40, Notification of Employee
Rights under the National Labor
Relations Act. In addition, this rule
revises the FAR clauses at 52.212–5,
Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items,
and 52.244–6, Subcontracts for
Commercial Items, to include the
requirements of the new FAR clause
52.222–40. The required employee
notice, ‘‘Notification of Employee Rights
Under the National Labor Relations
Act,’’ may be obtained from the DoL;
downloaded from a DoL Web site;
provided by the Federal contracting
agency, if requested; or reproduced and
used as exact duplicate copies of the
DoL’s official poster (see FAR 52.222–
40(c)). Contracting officers shall insert
the clause at FAR 52.222–40,
VerDate Mar<15>2010
16:09 Dec 10, 2010
Jkt 223001
FAR Case
Notification of Employee Rights under
the National Labor Relations Act, in all
solicitations and contracts, including
acquisitions for commercial items and
commercially available off-the-shelf
items, except acquisitions—
(1) Under the simplified acquisition
threshold. For indefinite-quantity
contracts, include the clause only if the
value of orders in any calendar year of
the contract is expected to exceed the
simplified acquisition threshold;
(2) For work performed exclusively
outside the United States; or
(3) Covered (in their entirety) by an
exemption granted by the Secretary.
A contracting agency may modify the
clause at FAR 52.222–40, if necessary,
to reflect an exemption granted by the
Secretary of the Department of Labor
(see 22.1603(b)).
Item II—HUBZone Program Revisions
(FAR Case 2006–005)
This FAR final rule implements the
Small Business Administration (SBA)
final rule published in the Federal
Register at 69 FR 29411 on May 24,
2004, and an interim rule published in
the Federal Register at 70 FR 51243 on
August 30, 2005, amending its
HUBZone regulations at 13 CFR part
126 to implement the Small Business
Reauthorization Act of 2000, the
Consolidated Appropriations Act of
2005, and other various policy changes.
The FAR is amended to—
(1) Require a HUBZone small business
concern to be a HUBZone small
business concern both at the time of its
initial offer and at the time of contract
award;
(2) Require that HUBZone concerns
provide to the contracting officer a copy
of the notice required by 13 CFR
126.501 if material changes occur before
award that could affect its HUBZone
eligibility.
(3) Allow waiver of the 50 percent
requirement. In accordance with 13 CFR
126.700, for general construction or
construction by special trade
contractors, a HUBZone small business
concern must spend at least 50 percent
of the cost of contract performance
incurred for personnel on its own
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Fmt 4701
Sfmt 4700
2010–006
2006–005
2008–032
2009–019
2009–036
2008–031
Analyst
McFadden.
Morgan.
Sakalos.
Morgan.
Gary.
Chambers.
employees or subcontract employees of
other HUBZone small business
concerns. This final rule amends FAR
clause 52.219–3, Notice of Total
HUBZone Set-Aside, and FAR clause
52.219–4, Notice of Price Evaluation
Preference for HUBZone Small Business
Concerns, to include an Alternate I, to
be used to waive the 50 percent
requirement only after determining that
at least two HUBZone small business
concerns cannot meet the requirement.
However, the HUBZone small business
prime contractor must still meet the
performance of work requirements set
forth in 13 CFR 125.6(c).
Item III—Preventing Abuse of
Interagency Contracts (FAR Case 2008–
032) (Interim)
This interim rule implements section
865 of the Duncan Hunter National
Defense Authorization Act (NDAA) for
Fiscal Year 2009. FAR subpart 17.5 now
addresses all interagency acquisitions,
not just those made under the Economy
Act authority. A new subsection
17.502–1 is added to require that all
interagency acquisitions include a
determination of best procurement
approach. For an assisted acquisition
between the servicing agency and the
requesting agency, this subsection now
requires a written agreement that
establishes the general terms and
conditions governing the relationship
between the parties. Subsection 17.502–
2 contains business-case analysis
requirements when an agency wishes to
establish a contract that would be used
by other agencies. There is a statutory
exception included in subpart 17.5 for
orders of $500,000 or less issued against
Federal Supply Schedules.
Item IV—Small Disadvantaged
Business Program Self-Certification of
Subcontractors (FAR Case 2009–019)
(Interim)
This interim rule amends the FAR by
allowing small disadvantaged
businesses (SDBs) to self-represent their
SDB status to prime contractors in good
faith when seeking Federal
subcontracting opportunities. This
change implements revisions made by
E:\FR\FM\13DER3.SGM
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Federal Register / Vol. 75, No. 238 / Monday, December 13, 2010 / Rules and Regulations
the Small Business Administration
(SBA) to its SDB regulations. This case
only addresses the subcontracting status
portion of the SBA final rule for Small
Disadvantaged Business certification.
The Small Disadvantaged Business
certification for prime contracts will be
addressed in a future rule. This change
removes a cost of compliance burden on
SDB subcontractors seeking SBA
certification.
Item V—Uniform Suspension and
Debarment Requirement (FAR Case
2009–036) (Interim)
mstockstill on DSKH9S0YB1PROD with RULES3
This interim rule amends the FAR at
parts 9 and 52 to implement section 815
of the National Defense Authorization
Act for Fiscal Year 2010, Public Law
111–84. The law requires that
suspension and debarment requirements
flow down to all subcontracts except
contracts for the acquisition of
commercially available off-the-shelf
items, and in the case of contracts for
the acquisition of commercial items,
first-tier subcontracts only.
VerDate Mar<15>2010
16:09 Dec 10, 2010
Jkt 223001
This requirement will protect the
Government against contracting with
entities at any tier who are suspended,
debarred or proposed for debarment.
This rule does not have a significant
impact on the Government, contractors
or any automated systems.
Item VI—Limitations on Pass-Through
Charges (FAR Case 2008–031)
This final rule adopts the interim rule
published in the Federal Register at 74
FR 52853, October 14, 2009, as a final
rule with minor changes.
The interim rule amended the FAR to
implement section 866 of the Duncan
Hunter National Defense Authorization
Act (NDAA) for Fiscal Year 2009 (Pub.
L. 110–417) and section 852 of the John
Warner NDAA for Fiscal Year 2007
(Pub. L. 109–364). This legislation
required the Councils to amend the FAR
to minimize excessive pass-through
charges by contractors from
subcontractors, or from tiers of
subcontractors, that add no or negligible
value, and to ensure that neither a
contractor nor a subcontractor receives
PO 00000
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77747
indirect costs or profit/fee (i.e., passthrough charges) on work performed by
a lower-tier subcontractor to which the
higher-tier contractor or subcontractor
adds no, or negligible, value.
To enable agencies to ensure that
pass-through charges are not excessive,
the interim rule included a solicitation
provision and a contract clause
requiring offerors and contractors to
identify the percentage of work that will
be subcontracted, and when subcontract
costs will exceed 70 percent of the total
cost of work to be performed, to provide
information on indirect costs and profit/
fee and value added with regard to the
subcontract work.
Item VII—Technical Amendments
Editorial changes are made at FAR
3.104–1, 5.601, 7.105, and 10.002.
Dated: November 24, 2010.
Millisa Gary,
Acting Director, Acquisition Policy Division.
[FR Doc. 2010–30568 Filed 12–10–10; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\13DER3.SGM
13DER3
]]>Agencies
[Federal Register Volume 75, Number 238 (Monday, December 13, 2010)]
[Rules and Regulations]
[Pages 77745-77747]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30568]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0077, Sequence 9]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-47; 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 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) 2005-47, which amend the FAR. An asterisk
(*) next to a rule indicates that a regulatory flexibility analysis has
been performed. Interested parties may obtain further information
regarding these rules by referring to FAC 2005-47, which precedes this
document. These documents are also available via the Internet at https://www.regulations.gov.
DATES: For effective dates see separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below. Please cite FAC 2005-47 and the specific FAR case number.
For information pertaining to status or publication schedules, contact
the Regulatory Secretariat at (202) 501-4755.
[[Page 77746]]
List of Rules in FAC 2005-47
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
I..................................... Notification of Employee 2010-006 McFadden.
Rights Under the National
Labor Relations Act
(Interim).
*II................................... HUBZone Program Revisions.... 2006-005 Morgan.
III................................... Preventing Abuse of 2008-032 Sakalos.
Interagency Contracts
(Interim).
IV.................................... Small Disadvantaged Business 2009-019 Morgan.
Self-Certification (Interim).
V..................................... Uniform Suspension and 2009-036 Gary.
Debarment Requirement
(Interim).
VI.................................... Limitation on Pass-Through 2008-031 Chambers.
Charges.
VII................................... Technical Amendments........
----------------------------------------------------------------------------------------------------------------
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 2005-47 amends the FAR as specified below:
Item I--Notification of Employee Rights Under the National Labor
Relations Act (FAR Case 2010-006) (Interim)
This interim rule amends the Federal Acquisition Regulation (FAR)
to implement Executive Order 13496, Notification of Employee Rights
Under Federal Labor Laws, as implemented by the Department of Labor
(DoL). The Executive order requires contractors and subcontractors to
post a notice that includes employee rights under the National Labor
Relations Act, 29 U.S.C. 151 et seq. This Act encourages collective
bargaining, and protects the exercise by employees of their freedom to
associate, to self organize and to designate representatives of their
own choosing for the purpose of negotiating the terms and conditions of
their employment. This FAR interim rule establishes a new subpart
22.16, Notification of Employee Rights under the National Labor
Relations Act. The rule also creates a new FAR clause 52.222-40,
Notification of Employee Rights under the National Labor Relations Act.
In addition, this rule revises the FAR clauses at 52.212-5, Contract
Terms and Conditions Required to Implement Statutes or Executive
Orders--Commercial Items, and 52.244-6, Subcontracts for Commercial
Items, to include the requirements of the new FAR clause 52.222-40. The
required employee notice, ``Notification of Employee Rights Under the
National Labor Relations Act,'' may be obtained from the DoL;
downloaded from a DoL Web site; provided by the Federal contracting
agency, if requested; or reproduced and used as exact duplicate copies
of the DoL's official poster (see FAR 52.222-40(c)). Contracting
officers shall insert the clause at FAR 52.222-40, Notification of
Employee Rights under the National Labor Relations Act, in all
solicitations and contracts, including acquisitions for commercial
items and commercially available off-the-shelf items, except
acquisitions--
(1) Under the simplified acquisition threshold. For indefinite-
quantity contracts, include the clause only if the value of orders in
any calendar year of the contract is expected to exceed the simplified
acquisition threshold;
(2) For work performed exclusively outside the United States; or
(3) Covered (in their entirety) by an exemption granted by the
Secretary.
A contracting agency may modify the clause at FAR 52.222-40, if
necessary, to reflect an exemption granted by the Secretary of the
Department of Labor (see 22.1603(b)).
Item II--HUBZone Program Revisions (FAR Case 2006-005)
This FAR final rule implements the Small Business Administration
(SBA) final rule published in the Federal Register at 69 FR 29411 on
May 24, 2004, and an interim rule published in the Federal Register at
70 FR 51243 on August 30, 2005, amending its HUBZone regulations at 13
CFR part 126 to implement the Small Business Reauthorization Act of
2000, the Consolidated Appropriations Act of 2005, and other various
policy changes. The FAR is amended to--
(1) Require a HUBZone small business concern to be a HUBZone small
business concern both at the time of its initial offer and at the time
of contract award;
(2) Require that HUBZone concerns provide to the contracting
officer a copy of the notice required by 13 CFR 126.501 if material
changes occur before award that could affect its HUBZone eligibility.
(3) Allow waiver of the 50 percent requirement. In accordance with
13 CFR 126.700, for general construction or construction by special
trade contractors, a HUBZone small business concern must spend at least
50 percent of the cost of contract performance incurred for personnel
on its own employees or subcontract employees of other HUBZone small
business concerns. This final rule amends FAR clause 52.219-3, Notice
of Total HUBZone Set-Aside, and FAR clause 52.219-4, Notice of Price
Evaluation Preference for HUBZone Small Business Concerns, to include
an Alternate I, to be used to waive the 50 percent requirement only
after determining that at least two HUBZone small business concerns
cannot meet the requirement. However, the HUBZone small business prime
contractor must still meet the performance of work requirements set
forth in 13 CFR 125.6(c).
Item III--Preventing Abuse of Interagency Contracts (FAR Case 2008-032)
(Interim)
This interim rule implements section 865 of the Duncan Hunter
National Defense Authorization Act (NDAA) for Fiscal Year 2009. FAR
subpart 17.5 now addresses all interagency acquisitions, not just those
made under the Economy Act authority. A new subsection 17.502-1 is
added to require that all interagency acquisitions include a
determination of best procurement approach. For an assisted acquisition
between the servicing agency and the requesting agency, this subsection
now requires a written agreement that establishes the general terms and
conditions governing the relationship between the parties. Subsection
17.502-2 contains business-case analysis requirements when an agency
wishes to establish a contract that would be used by other agencies.
There is a statutory exception included in subpart 17.5 for orders of
$500,000 or less issued against Federal Supply Schedules.
Item IV--Small Disadvantaged Business Program Self-Certification of
Subcontractors (FAR Case 2009-019) (Interim)
This interim rule amends the FAR by allowing small disadvantaged
businesses (SDBs) to self-represent their SDB status to prime
contractors in good faith when seeking Federal subcontracting
opportunities. This change implements revisions made by
[[Page 77747]]
the Small Business Administration (SBA) to its SDB regulations. This
case only addresses the subcontracting status portion of the SBA final
rule for Small Disadvantaged Business certification. The Small
Disadvantaged Business certification for prime contracts will be
addressed in a future rule. This change removes a cost of compliance
burden on SDB subcontractors seeking SBA certification.
Item V--Uniform Suspension and Debarment Requirement (FAR Case 2009-
036) (Interim)
This interim rule amends the FAR at parts 9 and 52 to implement
section 815 of the National Defense Authorization Act for Fiscal Year
2010, Public Law 111-84. The law requires that suspension and debarment
requirements flow down to all subcontracts except contracts for the
acquisition of commercially available off-the-shelf items, and in the
case of contracts for the acquisition of commercial items, first-tier
subcontracts only.
This requirement will protect the Government against contracting
with entities at any tier who are suspended, debarred or proposed for
debarment. This rule does not have a significant impact on the
Government, contractors or any automated systems.
Item VI--Limitations on Pass-Through Charges (FAR Case 2008-031)
This final rule adopts the interim rule published in the Federal
Register at 74 FR 52853, October 14, 2009, as a final rule with minor
changes.
The interim rule amended the FAR to implement section 866 of the
Duncan Hunter National Defense Authorization Act (NDAA) for Fiscal Year
2009 (Pub. L. 110-417) and section 852 of the John Warner NDAA for
Fiscal Year 2007 (Pub. L. 109-364). This legislation required the
Councils to amend the FAR to minimize excessive pass-through charges by
contractors from subcontractors, or from tiers of subcontractors, that
add no or negligible value, and to ensure that neither a contractor nor
a subcontractor receives indirect costs or profit/fee (i.e., pass-
through charges) on work performed by a lower-tier subcontractor to
which the higher-tier contractor or subcontractor adds no, or
negligible, value.
To enable agencies to ensure that pass-through charges are not
excessive, the interim rule included a solicitation provision and a
contract clause requiring offerors and contractors to identify the
percentage of work that will be subcontracted, and when subcontract
costs will exceed 70 percent of the total cost of work to be performed,
to provide information on indirect costs and profit/fee and value added
with regard to the subcontract work.
Item VII--Technical Amendments
Editorial changes are made at FAR 3.104-1, 5.601, 7.105, and
10.002.
Dated: November 24, 2010.
Millisa Gary,
Acting Director, Acquisition Policy Division.
[FR Doc. 2010-30568 Filed 12-10-10; 8:45 am]
BILLING CODE 6820-EP-P
