Federal Acquisition Regulation; Federal Acquisition Circular 2005-56; Small Entity Compliance Guide, 12947-12948 [2012-4502]
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12947
Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations
Officer shall exclude from the amounts
payable to the Contractor under paragraph (g)
of this clause, the fair value as determined by
the Contracting Officer, for the loss of the
Government property.
*
*
*
*
*
35. Amend section 52.249–3 by
revising the date of the clause and
paragraph (h) to read as follows:
■
(End of clause)
52.249–3 Termination for Convenience of
the Government (Dismantling, Demolition,
or Removal of Improvements).
*
*
*
*
Government supply sources in the
performance of this contract. Title to all
property acquired by the Contractor under
such an authorization shall vest in the
Government unless otherwise specified in
the contract. The provisions of the clause at
FAR 52.245–1, Government Property, apply
to all property acquired under such
authorization.
*
PART 53—FORMS
37. Amend section 53.245 by revising
paragraph (c) to read as follows:
■
TERMINATION FOR CONVENIENCE
OF THE GOVERNMENT
(DISMANTLING, DEMOLITION, OR
REMOVAL OF IMPROVEMENTS) (APR
2012)
53.245
*
[FR Doc. 2012–4499 Filed 3–1–12; 8:45 am]
*
*
*
*
Government property.
*
*
*
*
*
(c) SF 1423 (Rev. 5/04), Inventory
Verification Survey. (See 45.602–
1(b)(1).)
*
*
*
*
*
(h) Except for normal spoilage, and except
to the extent that the Government expressly
assumed the risk of loss, the Contracting
Officer shall exclude from the amounts
payable to the Contractor under paragraph (g)
of this clause, the fair value, as determined
by the Contracting Officer, for the loss of the
Government property.
BILLING CODE 6820–EP–P
*
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
*
*
*
*
36. Revise section 52.251–1 to read as
follows:
■
52.251–1 Government Supply Sources.
As prescribed in 51.107, insert the
following clause:
GOVERNMENT SUPPLY SOURCES
(APR 2012)
DEPARTMENT OF DEFENSE
and National Aeronautics and Space
Administration (NASA).
ACTION:
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)
2005–56, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding this rule
by referring to FAC 2005–56, which
precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
SUMMARY:
DATES:
GENERAL SERVICES
ADMINISTRATION
Small Entity Compliance Guide.
March 2, 2012.
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–56 and the
FAR case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755.
FOR FURTHER INFORMATION CONTACT:
48 CFR Chapter 1
[Docket FAR 2011–0081, Sequence 1]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–56;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
AGENCIES:
The Contracting Officer may issue the
Contractor an authorization to use
LIST OF RULES IN FAC 2005–56
Subject
FAR
Case
Analyst
*I ...................................
II ....................................
III ...................................
*IV .................................
V ...................................
VI ..................................
*VII ................................
VIII ................................
mstockstill on DSK4VPTVN1PROD with RULES2
Item
Women-Owned Small Business (WOSB) Program ........................................................................
Proper Use and Management of Cost-Reimbursement Contracts .................................................
Requirements for Acquisitions Pursuant to Multiple-Award Contracts ...........................................
Socioeconomic Program Parity .......................................................................................................
Trade Agreements Thresholds .......................................................................................................
New Designated Country (Armenia) and Other Trade Agreements Updates ................................
Government Property ......................................................................................................................
Technical Amendments.
2010–015
2008–030
2007–012
2011–004
2012–002
2011–030
2010–009
Morgan.
Clark.
Clark.
Morgan.
Davis.
Davis.
Glover.
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
2005–56 amends the FAR as specified
below:
VerDate Mar<15>2010
18:06 Mar 01, 2012
Jkt 226001
Item I—Women-Owned Small Business
(WOSB) Program (FAR Case 2010–015)
This rule adopts as final, with
changes, an interim rule published in
the Federal Register at 76 FR 18304 on
April 1, 2011, which provides a tool to
assist Federal agencies in achieving the
5 percent statutory goal for contracting
with women-owned small businesses.
This case is based on the Small Business
Administration’s (SBA) regulations
establishing the Women-Owned Small
PO 00000
Frm 00037
Fmt 4701
Sfmt 4700
Business (WOSB) Program, authorized
under section 8(m) of the Small
Business Act (15 U.S.C. 637(m)).
Agencies may restrict competition to
Economically Disadvantaged WomenOwned Small Business (EDWOSB)
concerns, for contracts assigned a North
American Industry Classification
Systems (NAICS) code in an industry in
which SBA has determined that WOSBs
are underrepresented in Federal
procurement. For NAICS code
industries where WOSBs are not just
E:\FR\FM\02MRR2.SGM
02MRR2
12948
Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations
underrepresented, but substantially
underrepresented, agencies may restrict
competition to either EDWOSB
concerns or to WOSB concerns eligible
under the WOSB Program.
EDWOSB concerns and WOSB
concerns eligible under the WOSB
Program must be owned and controlled
by one or more women who are citizens
of the United States. An EDWOSB
concern is automatically a WOSB
concern eligible under the WOSB
Program.
This rule may positively affect
EDWOSBs that participate in Federal
procurement in industries where SBA
determines that WOSBs are
underrepresented and may positively
affect WOSBs that participate in Federal
procurement in industries where SBA
determines that WOSBs are
substantially underrepresented.
mstockstill on DSK4VPTVN1PROD with RULES2
Item II—Proper Use and Management
of Cost-Reimbursement Contracts (FAR
Case 2008–030)
This final rule amends the FAR to
implement section 864 of the Duncan
Hunter National Defense Authorization
Act for Fiscal Year 2009 (Pub. L. 110–
417), enacted on October 14, 2008. This
law aligns with the President’s goal of
reducing high-risk contracting as
denoted in the March 4, 2009,
Presidential Memorandum on
Government Contracting. Section 864 of
the law requires amending the FAR to
address the use and management of
cost-reimbursement contracts in the
following three areas:
1. Circumstances when costreimbursement contracts are
appropriate.
2. Acquisition plan findings to
support the selection of a costreimbursement contract.
3. Acquisition resources necessary to
award and manage a costreimbursement contract.
This rule does not impose any
information collection requirements on
small business. There is no significant
impact on small businesses because this
rule is only applicable to internal
operating procedures of the
Government.
Item III—Requirements for
Acquisitions Pursuant to MultipleAward Contracts (FAR Case 2007–012)
This final rule adopts, with changes,
an interim rule published in the Federal
Register at 76 FR 14548 on March 16,
2011, that amended the FAR to
implement section 863 of the Duncan
Hunter National Defense Authorization
Act for Fiscal Year 2009 (Pub. L. 110–
417). Section 863 requires the FAR to be
amended to enhance competition in the
VerDate Mar<15>2010
18:06 Mar 01, 2012
Jkt 226001
purchase of property and services by all
executive agencies pursuant to multipleaward contracts (including Federal
Supply Schedules (FSS)). This final rule
requires an FSS ordering activity to
conduct appropriate analysis and
document the file to determine price
reasonableness when placing an order
under a blanket purchase agreement
(BPA) with hourly rate services. The
final rule also removes the requirement
for an ordering activity’s competition
advocate to approve a contracting
officer’s annual review of a single-award
BPA prior to exercise of an option to
extend the term of the BPA. This should
benefit contractors because it removes a
requirement that is considered to be a
restriction on the use of FSS singleaward BPAs.
Item IV—Socioeconomic Program
Parity (FAR Case 2011–004)
This rule adopts as final, with
changes, an interim rule published in
the Federal Register at 76 FR 14566 on
March 16, 2011, which implemented
section 1347 of the Small Business Jobs
Act of 2010 (Pub. L. 111–240). Section
1347(b) clarifies that there is no order of
precedence among the small business
socioeconomic programs. The FAR
interim rule clarified the existence of
socioeconomic parity and that
contracting officers may exercise
discretion when determining whether
an acquisition will be restricted to small
businesses participating in the 8(a)
Business Development Program (8(a)),
Historically Underutilized Business
Zones (HUBZone) Program, ServiceDisabled Veteran-Owned Small
Business (SDVOSB) Program, or the
Women-Owned Small Business (WOSB)
Program. This final rule may have a
positive impact on small businesses as
it presents the maximum practicable
opportunity for small business concerns
qualified under the socioeconomic
programs to participate in the
performance of contracts, and assist
Federal agencies in meeting each of the
Government’s small business
contracting goals.
Item V—Trade Agreements Thresholds
(FAR Case 2012–002)
This final rule adjusts the thresholds
for application of the World Trade
Organization Government Procurement
Agreement and the Free Trade
Agreements as determined by the
United States Trade Representative,
according to a formula set forth in the
agreements. The threshold changes do
not have significant cost or
administrative impact, because they
maintain the status quo by keeping pace
with inflation.
PO 00000
Frm 00038
Fmt 4701
Sfmt 4700
Item VI—New Designated Country
(Armenia) and Other Trade Agreements
Updates (FAR Case 2011–030)
This final rule allows contracting
officers to purchase the goods and
services of Armenia without application
of the Buy American Act if the
acquisition is covered by the World
Trade Organization Government
Procurement Agreement. It also updates
the lists of countries that are party to the
Agreement on Trade in Civil Aircraft.
This rule has no significant impact on
small business concerns.
Item VII—Government Property (FAR
Case 2010–009)
This final rule amends the FAR to
clarify reporting, reutilization, and
disposal of Government property and
the contractor requirements under the
Government property clause. The
proposed rule was published on April 4,
2011 (76 FR 18497).
The rule specifically impacts
contracting officers and contractors by
clarifying disposal of Government
property. The rule does not have a
significant economic impact on small
entities because the rule does not
impose any additional requirements on
small business.
Item VIII—Technical Amendments
Editorial changes are made at FAR
19.812, 42.203, and 52.209–9.
Dated: February 21, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
[FR Doc. 2012–4502 Filed 3–1–12; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 19, 42, and 52
[FAC 2005–56; Item VIII; Docket 2012–0079;
Sequence 1]
Federal Acquisition Regulation;
Technical Amendments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
This document makes
amendments to the Federal Acquisition
SUMMARY:
E:\FR\FM\02MRR2.SGM
02MRR2
]]>Agencies
[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Rules and Regulations]
[Pages 12947-12948]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4502]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0081, Sequence 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-56; 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 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) 2005-56, which amends
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a
rule indicates that a regulatory flexibility analysis has been
prepared. Interested parties may obtain further information regarding
this rule by referring to FAC 2005-56, which precedes this document.
These documents are also available via the Internet at https://www.regulations.gov.
DATES: March 2, 2012.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-56 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 2005-56
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
*I....................................... Women-Owned Small Business (WOSB) 2010-015 Morgan.
Program.
II....................................... Proper Use and Management of Cost- 2008-030 Clark.
Reimbursement Contracts.
III...................................... Requirements for Acquisitions 2007-012 Clark.
Pursuant to Multiple-Award
Contracts.
*IV...................................... Socioeconomic Program Parity..... 2011-004 Morgan.
V........................................ Trade Agreements Thresholds...... 2012-002 Davis.
VI....................................... New Designated Country (Armenia) 2011-030 Davis.
and Other Trade Agreements
Updates.
*VII..................................... Government Property.............. 2010-009 Glover.
VIII..................................... 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 numbers and subject set forth in the documents
following these item summaries. FAC 2005-56 amends the FAR as specified
below:
Item I--Women-Owned Small Business (WOSB) Program (FAR Case 2010-015)
This rule adopts as final, with changes, an interim rule published
in the Federal Register at 76 FR 18304 on April 1, 2011, which provides
a tool to assist Federal agencies in achieving the 5 percent statutory
goal for contracting with women-owned small businesses. This case is
based on the Small Business Administration's (SBA) regulations
establishing the Women-Owned Small Business (WOSB) Program, authorized
under section 8(m) of the Small Business Act (15 U.S.C. 637(m)).
Agencies may restrict competition to Economically Disadvantaged
Women-Owned Small Business (EDWOSB) concerns, for contracts assigned a
North American Industry Classification Systems (NAICS) code in an
industry in which SBA has determined that WOSBs are underrepresented in
Federal procurement. For NAICS code industries where WOSBs are not just
[[Page 12948]]
underrepresented, but substantially underrepresented, agencies may
restrict competition to either EDWOSB concerns or to WOSB concerns
eligible under the WOSB Program.
EDWOSB concerns and WOSB concerns eligible under the WOSB Program
must be owned and controlled by one or more women who are citizens of
the United States. An EDWOSB concern is automatically a WOSB concern
eligible under the WOSB Program.
This rule may positively affect EDWOSBs that participate in Federal
procurement in industries where SBA determines that WOSBs are
underrepresented and may positively affect WOSBs that participate in
Federal procurement in industries where SBA determines that WOSBs are
substantially underrepresented.
Item II--Proper Use and Management of Cost-Reimbursement Contracts (FAR
Case 2008-030)
This final rule amends the FAR to implement section 864 of the
Duncan Hunter National Defense Authorization Act for Fiscal Year 2009
(Pub. L. 110-417), enacted on October 14, 2008. This law aligns with
the President's goal of reducing high-risk contracting as denoted in
the March 4, 2009, Presidential Memorandum on Government Contracting.
Section 864 of the law requires amending the FAR to address the use and
management of cost-reimbursement contracts in the following three
areas:
1. Circumstances when cost-reimbursement contracts are appropriate.
2. Acquisition plan findings to support the selection of a cost-
reimbursement contract.
3. Acquisition resources necessary to award and manage a cost-
reimbursement contract.
This rule does not impose any information collection requirements
on small business. There is no significant impact on small businesses
because this rule is only applicable to internal operating procedures
of the Government.
Item III--Requirements for Acquisitions Pursuant to Multiple-Award
Contracts (FAR Case 2007-012)
This final rule adopts, with changes, an interim rule published in
the Federal Register at 76 FR 14548 on March 16, 2011, that amended the
FAR to implement section 863 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Pub. L. 110-417). Section 863
requires the FAR to be amended to enhance competition in the purchase
of property and services by all executive agencies pursuant to
multiple-award contracts (including Federal Supply Schedules (FSS)).
This final rule requires an FSS ordering activity to conduct
appropriate analysis and document the file to determine price
reasonableness when placing an order under a blanket purchase agreement
(BPA) with hourly rate services. The final rule also removes the
requirement for an ordering activity's competition advocate to approve
a contracting officer's annual review of a single-award BPA prior to
exercise of an option to extend the term of the BPA. This should
benefit contractors because it removes a requirement that is considered
to be a restriction on the use of FSS single-award BPAs.
Item IV--Socioeconomic Program Parity (FAR Case 2011-004)
This rule adopts as final, with changes, an interim rule published
in the Federal Register at 76 FR 14566 on March 16, 2011, which
implemented section 1347 of the Small Business Jobs Act of 2010 (Pub.
L. 111-240). Section 1347(b) clarifies that there is no order of
precedence among the small business socioeconomic programs. The FAR
interim rule clarified the existence of socioeconomic parity and that
contracting officers may exercise discretion when determining whether
an acquisition will be restricted to small businesses participating in
the 8(a) Business Development Program (8(a)), Historically
Underutilized Business Zones (HUBZone) Program, Service-Disabled
Veteran-Owned Small Business (SDVOSB) Program, or the Women-Owned Small
Business (WOSB) Program. This final rule may have a positive impact on
small businesses as it presents the maximum practicable opportunity for
small business concerns qualified under the socioeconomic programs to
participate in the performance of contracts, and assist Federal
agencies in meeting each of the Government's small business contracting
goals.
Item V--Trade Agreements Thresholds (FAR Case 2012-002)
This final rule adjusts the thresholds for application of the World
Trade Organization Government Procurement Agreement and the Free Trade
Agreements as determined by the United States Trade Representative,
according to a formula set forth in the agreements. The threshold
changes do not have significant cost or administrative impact, because
they maintain the status quo by keeping pace with inflation.
Item VI--New Designated Country (Armenia) and Other Trade Agreements
Updates (FAR Case 2011-030)
This final rule allows contracting officers to purchase the goods
and services of Armenia without application of the Buy American Act if
the acquisition is covered by the World Trade Organization Government
Procurement Agreement. It also updates the lists of countries that are
party to the Agreement on Trade in Civil Aircraft. This rule has no
significant impact on small business concerns.
Item VII--Government Property (FAR Case 2010-009)
This final rule amends the FAR to clarify reporting, reutilization,
and disposal of Government property and the contractor requirements
under the Government property clause. The proposed rule was published
on April 4, 2011 (76 FR 18497).
The rule specifically impacts contracting officers and contractors
by clarifying disposal of Government property. The rule does not have a
significant economic impact on small entities because the rule does not
impose any additional requirements on small business.
Item VIII--Technical Amendments
Editorial changes are made at FAR 19.812, 42.203, and 52.209-9.
Dated: February 21, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2012-4502 Filed 3-1-12; 8:45 am]
BILLING CODE 6820-EP-P
