Federal Acquisition Regulation; Technical Amendments, 12948-12949 [2012-4504]
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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.
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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
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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.
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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
‘‘https://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.
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12949
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[Amended]
2. Amend section 19.812 by removing
from paragraph (a) ‘‘https://
www.dcma.mil/casbook/casbook.htm’’
■
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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
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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) ``https://
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 ``https://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
