Federal Acquisition Regulation; Technical Amendments, 204-205 [2011-33424]

Download as PDF 204 Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES 8.402 [Amended] 3. Amend section 8.402 by— a. Removing from paragraph (c)(1) ‘‘http://www.gsa.gov/fss’’ and adding ‘‘http://www.gsa.gov/fas’’ in its place; and ■ b. Removing from paragraph (e) ‘‘http://www.fsstraining. gsa.gov’’ and adding ‘‘http://www.gsa.gov/training’’ in its place. ■ ■ NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 4, 8, 15, 19, 22, 23, 28, 42, and 52 [FAC 2005–55; Item VII; Docket 2011–0078; Sequence 4] 8.405–5 Federal Acquisition Regulation; Technical Amendments [Amended] 4. Amend section 8.405–5 by removing from paragraph (c) ‘‘http:// www.gsa.gov/fss’’ and adding ‘‘http:// www.gsa.gov/fas’’ in its place. ■ Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective Date: January 3, 2012. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1275 First Street NE., 7th Floor, Washington, DC 20417, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–55, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 4, 8, 15, 19, 22, 23, 28, 42, and 52, this document makes editorial changes to the FAR. SUMMARY: List of Subjects in 48 CFR Parts 4, 8, 15, 19, 22, 23, 28, 42, and 52 Government procurement. Dated: December 21, 2011. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 8, 15, 19, 22, 23, 28, 42, and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 4, 8, 15, 19, 22, 23, 28, 42, and 52 continues to read as follows: 8.703 [Amended] 5. Amend section 8.703 by removing ‘‘http://abilityone.gov/index.html’’ and adding ‘‘http://www.abilityone.gov.’’ in its place. ■ PART 15—CONTRACTING BY NEGOTATION 15.402 [Amended] 6. Amend section 15.402 by removing from paragraph (a)(2) ‘‘15.403–4, obtain’’ and adding ‘‘15.403–4, shall obtain’’ in its place. ■ 7. Amend section 15.403–1 by revising paragraph (c)(1)(ii)(B) to read as follows: ■ 15.403–1 Prohibition on obtaining certified cost or pricing data (10 U.S.C. 2306a and 41 U.S.C. 254b). * * * * * (c) * * * (1) * * * (ii) * * * (B) The determination that the proposed price is based on adequate price competition and is reasonable has been approved at a level above the contracting officer; or * * * * * PART 19—SMALL BUSINESS PROGRAMS 19.102 [Amended] PART 4—ADMINISTRATIVE MATTERS 8. Amend section 19.102 by removing from paragraph (f)(4) ‘‘http:// www.sba.gov/gc’’ and adding ‘‘http:// www.sba/content/class-waivers’’ in its place. 4.603 19.402 TKELLEY on DSK3SPTVN1PROD with RULES2 Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). [Amended] 2. Amend section 4.603 by removing from paragraph (c) ‘‘http://csrc.nist.gov/ publications/nistpubs/800-87/sp800-87Final.pdf’’ and adding ‘‘http:// www.nist.gov/publication-portal.cfm’’ in its place. ■ VerDate Mar<15>2010 17:59 Dec 30, 2011 Jkt 226001 ■ [Amended] 9. Amend section 19.402 by removing from paragraph (a)(2) ‘‘http:// www.sba.gov/GC/pcr.html’’ and adding ‘‘http://www.sba.gov/content/ procurement-center-representatives’’ in its place. ■ PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.404–1 [Amended] 10. Amend section 22.404–1 by removing from paragraph (a)(2) ‘‘http:// www.dol.gov/esa’’ and adding ‘‘http:// www.wdol.gov’’ in its place. ■ 22.1304 [Amended] 11. Amend section 22.1304 by removing from paragraph (a) ‘‘http:// www.vets100.com/login.aspx’’ and adding ‘‘https://webapps.dol.gov/ vets100’’ in its place. ■ 22.1306 [Amended] 12. Amend section 22.1306 by removing from paragraph (b) ‘‘http:// vets100.vets.dol.gov’’ and adding ‘‘https://webapps.dol.gov/vets100’’ in its place. ■ PART 23—ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE 23.205 [Amended] 13. Amend section 23.205 by removing from paragraph (c)(1) ‘‘http:// www.eren.doe.gov/femp/resources/ legislation.html’’ and adding ‘‘http:// www1.eere.energy.gov/femp/financing/ espcs_regulations.html’’ in its place. ■ 23.401 [Amended] 14. Amend section 23.401 by removing from paragraph (a)(2) ‘‘http:// www.epa.gov/epaoswer/non-hw/ procure/backgrnd.htm’’ and adding ‘‘http://www.epa.gov/epawaste/ conserve/tools/cpg/index.htm’’ in its place. ■ PART 28—BONDS AND INSURANCE 28.203–3 [Amended] 15. Amend section 28.203–3 by removing from paragraph (a)(1) ‘‘http:// www.usdoj.gov/enrd/ 2001_Title_Standards.html’’ and adding ‘‘http://www.justice.gov/enrd/ ENRD_Assets/ Title_Standards_2001.pdf’’ in its place. ■ PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES 16. Amend section 42.203 by revising the last sentence to read as follows: ■ 42.203 Contract administration services directory. * * * For additional information contact—Defense Contract Management E:\FR\FM\03JAR2.SGM 03JAR2 205 Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations Agency, 3901 A Avenue, Building 10500, Ft. Lee, VA 23801–1809. References/sdbadjustments.htm’’ in its place. and National Aeronautics and Space Administration (NASA). PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 52.228–11 ACTION: 52.202–1 [Amended] 17. Amend section 52.202–1 by revising the date of the clause to read (Jan 2012)’’; and by removing from paragraph (b) ‘‘http://www.acqnet.gov’’ and adding ‘‘http:// www.acquisition.gov/far’’ in its place. ■ 52.212–3 [Amended] 20. Amend section 52.228–11 by revising the date of the clause to read (Jan 2012)’’; and by removing from paragraph (b)(2)(i) ‘‘http:// www.usdoj.gov/enrd/ 2001_Title_Standards.html’’ and adding ‘‘http://www.justice.gov/enrd/ ENRD_Assets/ Title_Standards_2001.pdf’’ in its place. ■ [FR Doc. 2011–33424 Filed 12–30–11; 8:45 am] [Amended] BILLING CODE 6820–EP–P 18. Amend section 52.212–3 by removing from Alternate II ‘‘(Apr 2011)’’ and adding ‘‘(Jan 2012)’’ in its place; and by removing from paragraph (iii) ‘‘http://www.arnet.gov/References/ sdbadjustments.htm’’ and adding ‘‘http://www.acquisition.gov/ References/sdbadjustments.htm’’ in its place. ■ 52.219–22 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION Small Entity Compliance Guide. This document is issued under the joint authority of DOD, GSA, and NASA. 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 the rule appearing in Federal Acquisition Circular (FAC) 2005–55, which amends the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding this rule by referring to FAC 2005–55, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. SUMMARY: 19. Amend section 52.219–22 by removing from Alternate I ‘‘(Apr 2011)’’ and adding ‘‘(Jan 2012)’’ in its place; and by removing from paragraph (3) ‘‘http://www.arnet.gov/References/ sdbadjustments.htm’’ and adding ‘‘http://www.acquisition.gov/ ■ DATES: 48 CFR Chapter 1 [Amended] NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: [Docket FAR 2011–0077, Sequence 7] Federal Acquisition Regulation; Federal Acquisition Circular 2005–55; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), AGENCIES: January 3, 2012. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–55 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. LIST OF RULES IN FAC 2005–55 Item Subject I ................ II ............... III .............. IV ............. V .............. VI ............. VII ............ Preventing Abuse of Interagency Contracts ................................................................................................ Transition to the System for Award Management (SAM) ........................................................................... Brand-Name Specifications ......................................................................................................................... Time-and-Materials and Labor-Hour Contracts for Commercial Items ....................................................... Public Access to the Federal Awardee Performance and Integrity Information System ............................ Updated Financial Accounting Standards Board Accounting References .................................................. Technical Amendments. TKELLEY on DSK3SPTVN1PROD with RULES2 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 numbers and subject set forth in the documents following these item summaries. FAC 2005–55 amends the FAR as specified below: Item I—Preventing Abuse of Interagency Contracts (FAR Case 2008– 032) This rule adopts as final, with changes, an interim rule that implemented section 865, Preventing Abuse of Interagency Contracts, of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Pub. L. 110–417). This final rule further amends FAR subpart 17.5 to make it clear that this rule only applies to VerDate Mar<15>2010 17:59 Dec 30, 2011 Jkt 226001 FAR case interagency acquisitions when an agency needing supplies or services obtains them using another agency’s contract; or when an agency uses another agency to provide acquisition assistance, such as awarding and administering a contract, a task order, or delivery order. A business case analysis must be developed for the establishment and renewal of governmentwide acquisition contracts as well as for multi-agency contracts. Additionally, FAR 35.017 clarifies determination requirements when using a Federally Funded Research and Development Center. This rule does not impose any information collection requirements on small businesses. There is no significant impact on small businesses because this rule is only applicable to internal PO 00000 Frm 00025 Fmt 4701 Sfmt 4700 2008–032 2011–021 2005–037 2009–043 2010–016 2010–005 Analyst Sakalos. Loeb. Clark. Sakalos. Loeb. Chambers. operating procedures of the Government. Item II—Transition to the System for Award Management (SAM) (FAR Case 2011–021) The Integrated Acquisition Environment (IAE) systems are being transitioned to a new System for Award Management (SAM) architecture. This effort will transition the Central Contractor Registration (CCR) database, the Excluded Parties Listing System (EPLS), and the Online Representations and Certifications Application (ORCA) to SAM. The FAR change will indicate that these IAE systems and the Disaster Response Registry will now be accessed through http://www.acquisition.gov. This rule will not significantly affect small business, as the only impact on the public will be the Web site address E:\FR\FM\03JAR2.SGM 03JAR2

Agencies

[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Rules and Regulations]
[Pages 204-205]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33424]



[[Page 204]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 8, 15, 19, 22, 23, 28, 42, and 52

[FAC 2005-55; Item VII; Docket 2011-0078; Sequence 4]


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 (FAR) in order to make editorial changes.

DATES: Effective Date: January 3, 2012.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1275 First 
Street NE., 7th Floor, Washington, DC 20417, (202) 501-4755, for 
information pertaining to status or publication schedules. Please cite 
FAC 2005-55, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 4, 8, 15, 19, 22, 23, 28, 42, and 52, this document makes 
editorial changes to the FAR.

List of Subjects in 48 CFR Parts 4, 8, 15, 19, 22, 23, 28, 42, and 
52

    Government procurement.

    Dated: December 21, 2011.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 8, 15, 19, 22, 
23, 28, 42, and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 4, 8, 15, 19, 22, 23, 28, 
42, 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 4--ADMINISTRATIVE MATTERS


4.603  [Amended]

0
2. Amend section 4.603 by removing from paragraph (c) ``http://
csrc.nist.gov/publications/nistpubs/800-87/sp800-87-Final.pdf'' and 
adding ``http://www.nist.gov/publication-portal.cfm'' in its place.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES


8.402  [Amended]

0
3. Amend section 8.402 by--
0
a. Removing from paragraph (c)(1) ``http://www.gsa.gov/fss'' and adding 
``http://www.gsa.gov/fas'' in its place; and
0
b. Removing from paragraph (e) ``http://www.fsstraining. gsa.gov'' and 
adding ``http://www.gsa.gov/training'' in its place.


8.405-5  [Amended]

0
4. Amend section 8.405-5 by removing from paragraph (c) ``http://
www.gsa.gov/fss'' and adding ``http://www.gsa.gov/fas'' in its place.


8.703  [Amended]

0
5. Amend section 8.703 by removing ``http://abilityone.gov/index.html'' 
and adding ``http://www.abilityone.gov.'' in its place.

PART 15--CONTRACTING BY NEGOTATION


15.402  [Amended]

0
6. Amend section 15.402 by removing from paragraph (a)(2) ``15.403-4, 
obtain'' and adding ``15.403-4, shall obtain'' in its place.

0
7. Amend section 15.403-1 by revising paragraph (c)(1)(ii)(B) to read 
as follows:


15.403-1  Prohibition on obtaining certified cost or pricing data (10 
U.S.C. 2306a and 41 U.S.C. 254b).

* * * * *
    (c) * * *
    (1) * * *
    (ii) * * *
    (B) The determination that the proposed price is based on adequate 
price competition and is reasonable has been approved at a level above 
the contracting officer; or
* * * * *

PART 19--SMALL BUSINESS PROGRAMS


19.102  [Amended]

0
8. Amend section 19.102 by removing from paragraph (f)(4) ``http://
www.sba.gov/gc'' and adding ``http://www.sba/content/class-waivers'' in 
its place.


19.402  [Amended]

0
9. Amend section 19.402 by removing from paragraph (a)(2) ``http://
www.sba.gov/GC/pcr.html'' and adding ``http://www.sba.gov/content/
procurement-center-representatives'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.404-1  [Amended]

0
10. Amend section 22.404-1 by removing from paragraph (a)(2) ``http://
www.dol.gov/esa'' and adding ``http://www.wdol.gov'' in its place.


22.1304  [Amended]

0
11. Amend section 22.1304 by removing from paragraph (a) ``http://
www.vets100.com/login.aspx'' and adding ``https://webapps.dol.gov/
vets100'' in its place.


22.1306  [Amended]

0
12. Amend section 22.1306 by removing from paragraph (b) ``http://vets100.vets.dol.gov'' and adding ``https://webapps.dol.gov/vets100'' 
in its place.

PART 23--ENVIRONMENT, ENERGY AND WATER EFFICIENCY, RENEWABLE ENERGY 
TECHNOLOGIES, OCCUPATIONAL SAFETY, AND DRUG-FREE WORKPLACE


23.205  [Amended]

0
13. Amend section 23.205 by removing from paragraph (c)(1) ``http://
www.eren.doe.gov/femp/resources/legislation.html'' and adding ``http://
www1.eere.energy.gov/femp/financing/espcs--regulations.html'' in its 
place.


23.401  [Amended]

0
14. Amend section 23.401 by removing from paragraph (a)(2) ``http://
www.epa.gov/epaoswer/non-hw/procure/backgrnd.htm'' and adding ``http://
www.epa.gov/epawaste/conserve/tools/cpg/index.htm'' in its place.

PART 28--BONDS AND INSURANCE


28.203-3  [Amended]

0
15. Amend section 28.203-3 by removing from paragraph (a)(1) ``http://
www.usdoj.gov/enrd/2001_Title_Standards.html'' and adding ``http://
www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf'' in its 
place.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
16. Amend section 42.203 by revising the last sentence to read as 
follows:


42.203  Contract administration services directory.

    * * * For additional information contact--Defense Contract 
Management

[[Page 205]]

Agency, 3901 A Avenue, Building 10500, Ft. Lee, VA 23801-1809.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.202-1  [Amended]

0
17. Amend section 52.202-1 by revising the date of the clause to read 
(Jan 2012)''; and by removing from paragraph (b) ``http://www.acqnet.gov'' and adding ``http://www.acquisition.gov/far'' in its 
place.


52.212-3  [Amended]

0
18. Amend section 52.212-3 by removing from Alternate II ``(Apr 2011)'' 
and adding ``(Jan 2012)'' in its place; and by removing from paragraph 
(iii) ``http://www.arnet.gov/References/sdbadjustments.htm'' and adding 
``http://www.acquisition.gov/References/sdbadjustments.htm'' in its 
place.


52.219-22  [Amended]

0
19. Amend section 52.219-22 by removing from Alternate I ``(Apr 2011)'' 
and adding ``(Jan 2012)'' in its place; and by removing from paragraph 
(3) ``http://www.arnet.gov/References/sdbadjustments.htm'' and adding 
``http://www.acquisition.gov/References/sdbadjustments.htm'' in its 
place.


52.228-11  [Amended]

0
20. Amend section 52.228-11 by revising the date of the clause to read 
(Jan 2012)''; and by removing from paragraph (b)(2)(i) ``http://
www.usdoj.gov/enrd/2001_Title_Standards.html'' and adding ``http://
www.justice.gov/enrd/ENRD_Assets/Title_Standards_2001.pdf'' in its 
place.

[FR Doc. 2011-33424 Filed 12-30-11; 8:45 am]
BILLING CODE 6820-EP-P