Federal Acquisition Regulation; Technical Amendments, 56743-56744 [2012-22588]

Download as PDF Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Rules and Regulations (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it only refers to the statutory authorities and provides an internal requirement for contracting officers to contact their designated legal advisor for additional information whenever they become aware of any litigation related to their contracts. The FAR does not address the substance of these authorities. These requirements affect only the internal operating procedures of the Government. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant FAR revision, and 41 U.S.C. 1707 does not require publication for public comment. mstockstill on DSK4VPTVN1PROD with RULES3 V. Paperwork Reduction Act The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subject in 48 CFR Part 33 Government procurement. Dated: September 7, 2012. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. DEPARTMENT OF DEFENSE Therefore, DoD, GSA, and NASA amend 48 CFR part 33 as set forth below: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 7 and 15 [FAC 2005–61; Item V; Docket 2012–0079; Sequence 4] 1. The authority citation for 48 CFR part 33 is revised to read as follows: Federal Acquisition Regulation; Technical Amendments ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 2. Add section 33.001 to read as follows: ■ 33.001 General. There are other Federal court-related protest authorities and dispute-appeal authorities that are not covered by this part of the FAR, e.g., 28 U.S.C. 1491 for Court of Federal Claims jurisdiction. Contracting officers should contact their designated legal advisor for additional information whenever they become aware of any litigation related to their contracts. 3. Amend section 33.101 by adding, in alphabetical order, the definition ‘‘Protest venue’’ to read as follows. 33.101 Definitions. * * * * * Protest venue means protests filed with the agency, the Government Accountability Office, or the U.S. Court of Federal Claims. U.S. District Courts do not have any bid protest jurisdiction. ■ 4. Amend section 33.102 by revising the first sentence of paragraph (a) to read as follows. 33.102 General. (a) Without regard to the protest venue, contracting officers shall consider all protests and seek legal advice, whether protests are submitted before or after award and whether filed directly with the agency, the Government Accountability Office (GAO), or the U.S. Court of Federal Claims. * * * * * * * * ■ 5. Add section 33.105 to read as follows. 33.105 Protests at the U.S. Court of Federal Claims. Procedures for protests at the U.S. Court of Federal Claims are set forth in the rules of the U.S. Court of Federal Claims. The rules may be found at https://www.uscfc.uscourts.gov/rulesand-forms. BILLING CODE 6820–EP–P 19:34 Sep 12, 2012 Jkt 226001 GENERAL SERVICES ADMINISTRATION PART 33—PROTESTS, DISPUTES, AND APPEALS [FR Doc. 2012–22584 Filed 9–12–12; 8:45 am] VerDate Mar<15>2010 56743 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 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 Regulation (FAR) in order to make editorial changes. DATES: Effective Date: September 13, 2012. SUMMARY: 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 2005–61, Technical Amendments. FOR FURTHER INFORMATION CONTACT: In order to update certain elements in 48 CFR parts 7 and 15, this document makes editorial changes to the FAR. SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Parts 7 and 15. Government procurement. Dated: September 7, 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 7 and 15 as set forth below: ■ 1. The authority citation for 48 CFR parts 7 and 15 is revised to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 7—ACQUISITION PLANNING 2. Amend section 7.403 by revising paragraph (b) to read as follows: ■ 7.403 General Services Administration assistance. * * * * * (b) Agencies may request information from the following GSA office: U.S. General Services Administration, Federal Acquisition Service, Office of E:\FR\FM\13SER3.SGM 13SER3 56744 Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Rules and Regulations Acquisition Management, 2200 Crystal Drive, Room 806, Arlington, VA. 22202. Email: fasam@gsa.gov. PART 15—CONTRACTING BY NEGOTIATION 15.404–1 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Amended] 3. Amend section 15.404–1 by removing from paragraph (a)(7) ‘‘https:// www.acq.osd.mil/dpap/cpf/contract_ pricing_reference_guides.html’’ and adding ‘‘https://www.acq.osd.mil/dpap/ cpic/cp/contract_pricing_reference_ guides.html’’ in its place. ■ [FR Doc. 2012–22588 Filed 9–12–12; 8:45 am] BILLING CODE 6820–EP–P 48 CFR Chapter 1 [Docket FAR 2012–0081, Sequence 6] Federal Acquisition Regulation; Federal Acquisition Circular 2005–61; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. AGENCY: This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in SUMMARY: 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) 2005–61, 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 2005–61, which precedes this document. These documents are also available via the Internet at https://www.regulations.gov. DATES: September 13, 2012. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–61 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 2005–61 Item Subject I ................................... II .................................. III ................................. IV ................................. V .................................. United States-Korea Free Trade Agreement ............................................................................... Delete Outdated FAR Reference to the DoD Industrial Preparedness Program ........................ NAICS and Size Standards .......................................................................................................... Bid Protest and Appeal Authorities .............................................................................................. 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 subjects set forth in the documents following these item summaries. FAC 2005–61 amends the FAR as specified below: mstockstill on DSK4VPTVN1PROD with RULES3 Item I—United States–Korea Free Trade Agreement (FAR Case 2012–004) This final rule adopts without change the interim rule published in the Federal Register on March 7, 2012 (77 FR 13952), to implement the United States–Korea Free Trade Agreement. The Republic of Korea is already party to the World Trade Organization Government Procurement Agreement (WTO GPA). The Korea Free Trade Agreement now covers acquisition of supplies and services between $100,000 and the current WTO GPA threshold of $202,000. This final rule will not have a significant economic impact on a substantial number of small entities. VerDate Mar<15>2010 19:34 Sep 12, 2012 Jkt 226001 FAR case 2012–004 2012–026 2012–021 2012–008 Analyst Davis. Lague. Morgan. Loeb. Item II—Delete Outdated FAR Reference to the DoD Industrial Preparedness Program (FAR Case 2012–026) and does not impose additional requirements on small businesses. This final rule amends the FAR to delete outdated references to the ‘‘DoD Industrial Preparedness Program’’, which is no longer in existence. There is no impact to the Government or small business because this program was discontinued in 1992. This final rule amends FAR part 33 to note that there are other Federal-court related protest authorities and disputeappeal authorities that are not covered by FAR part 33. This rule also provides contracting officers with appropriate references to their office of legal counsel and the Web site for the rules of the U.S. Court of Federal Claims. This is a final rule because it only impacts the Federal Government’s internal operating procedures. Item III—NAICS and Size Standards (FAR Case 2012–021) This final rule amends the FAR to clarify that new North American Industry Classification System codes are not available for use in Federal contracting until the Small Business Administration publishes corresponding industry size standards. Published size standards are available on the SBA’s Web site and at 13 CFR 121.201. The clarifying language is provided for informational purposes and only addresses internal Government policies and procedures. This rule will not have a significant impact on the Government, PO 00000 Frm 00008 Fmt 4701 Sfmt 9990 Item IV—Bid Protest and Appeal Authorities (FAR Case 2012–008) Item V—Technical Amendments Editorial changes are made at FAR 7.403 and 15.404–1. Dated: September 7, 2012. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2012–22589 Filed 9–12–12; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\13SER3.SGM 13SER3

Agencies

[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56743-56744]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22588]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 7 and 15

[FAC 2005-61; Item V; Docket 2012-0079; Sequence 4]


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 
Regulation (FAR) in order to make editorial changes.

DATES: Effective Date: September 13, 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 2005-61, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 7 and 15, this document makes editorial changes to the FAR.

List of Subjects in 48 CFR Parts 7 and 15.

    Government procurement.

    Dated: September 7, 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 7 and 15 as set 
forth below:

0
1. The authority citation for 48 CFR parts 7 and 15 is revised to read 
as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 7--ACQUISITION PLANNING

0
2. Amend section 7.403 by revising paragraph (b) to read as follows:


7.403   General Services Administration assistance.

* * * * *
    (b) Agencies may request information from the following GSA office: 
U.S. General Services Administration, Federal Acquisition Service, 
Office of

[[Page 56744]]

Acquisition Management, 2200 Crystal Drive, Room 806, Arlington, VA. 
22202. Email: fasam@gsa.gov.

PART 15--CONTRACTING BY NEGOTIATION


15.404-1   [Amended]

0
3. Amend section 15.404-1 by removing from paragraph (a)(7) ``https://
www.acq.osd.mil/dpap/cpf/contract_pricing_reference_guides.html'' 
and adding ``https://www.acq.osd.mil/dpap/cpic/cp/contract_pricing_
reference_guides.html'' in its place.

[FR Doc. 2012-22588 Filed 9-12-12; 8:45 am]
BILLING CODE 6820-EP-P

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