Federal Acquisition Regulation; Technical Amendments, 12948-12949 [2012-4504]

Download as PDF 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 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations Regulation (FAR) in order to make editorial changes. DATES: Effective Date: March 2, 2012. 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 2005–56, Technical Amendments. FOR FURTHER INFORMATION CONTACT: Dated: February 21, 2012. 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 19, 42, and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 19, 42, and 52 continues to read as follows: and adding ‘‘https://pubapp.dcma.mil/ CASD/main.jsp’’ in its place. PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES 42.203 [Amended] 3. Amend section 42.203 by removing ‘‘http://www.dcma.mil/’’ and adding ‘‘https://pubapp.dcma.mil/CASD/ main.jsp’’ in its place. ■ In order to update certain elements in 48 CFR parts 19, 42, and 52, this document makes editorial changes to the FAR. Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 19—SMALL BUSINESS PROGRAMS 52.209–9 List of Subjects in 48 CFR Parts 19, 42, and 52 19.812 ■ SUPPLEMENTARY INFORMATION: Government procurement. mstockstill on DSK4VPTVN1PROD with RULES2 12949 VerDate Mar<15>2010 18:06 Mar 01, 2012 Jkt 226001 [Amended] 2. Amend section 19.812 by removing from paragraph (a) ‘‘http:// www.dcma.mil/casbook/casbook.htm’’ ■ PO 00000 Frm 00039 Fmt 4701 Sfmt 9990 PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES [Amended] 4. Amend 52.209–9 by removing Alternate I. [FR Doc. 2012–4504 Filed 3–1–12; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\02MRR2.SGM 02MRR2

Agencies

[Federal Register Volume 77, Number 42 (Friday, March 2, 2012)]
[Rules and Regulations]
[Pages 12948-12949]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4504]


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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

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: This document makes amendments to the Federal Acquisition

[[Page 12949]]

Regulation (FAR) in order to make editorial changes.

DATES: Effective Date: March 2, 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 2005-56, Technical Amendments.

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

List of Subjects in 48 CFR Parts 19, 42, and 52

    Government procurement.

    Dated: February 21, 2012.
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 19, 42, and 52 as 
set forth below:

0
1. The authority citation for 48 CFR parts 19, 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 19--SMALL BUSINESS PROGRAMS


19.812  [Amended]

0
2. Amend section 19.812 by removing from paragraph (a) ``http://
www.dcma.mil/casbook/casbook.htm'' and adding ``https://
pubapp.dcma.mil/CASD/main.jsp'' in its place.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES


42.203  [Amended]

0
3. Amend section 42.203 by removing ``http://www.dcma.mil/'' and adding 
``https://pubapp.dcma.mil/CASD/main.jsp'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.209-9  [Amended]

0
4. Amend 52.209-9 by removing Alternate I.
[FR Doc. 2012-4504 Filed 3-1-12; 8:45 am]
BILLING CODE 6820-EP-P