Federal Acquisition Regulation; Federal Acquisition Circular 2005-63; Small Entity Compliance Guide, 73520-73521 [2012-29634]

Download as PDF 73520 Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations (iii) The transactions that exceed $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act. ■ 8. Amend section 25.1103 by revising paragraph (e) to read as follows: 25.1103 Other provisions and clauses. * * * * * (e) The contracting officer shall include in all solicitations the provision at 52.225–25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran—Representation and Certifications. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 9. Amend section 52.204–8 by revising the date of the provision and paragraph (c)(1)(xx) to read as follows: ■ 52.204–8 Annual Representations and Certifications. * * * * * * * * * (c)(1) * * * (xx) 52.225–25, Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications. This provision applies to all solicitations. * * * * * 10. Amend section 52.212–3 by revising the date of the provision and paragraph (o) to read as follows: 52.212–3 Offeror Representations and Certifications—Commercial Items. * * * * OFFEROR REPRESENTATIONS AND CERTIFICATIONS—COMMERCIAL ITEMS (DEC 2012) mstockstill on DSK4VPTVN1PROD with * * * * * (o) Prohibition on contracting with entities engaging in certain activities or transactions relating to Iran. (1) The offeror shall email questions concerning sensitive technology to the Department of State at CISADA106@state.gov. (2) Representation and certifications. Unless a waiver is granted or an exception applies as provided in paragraph (o)(3) of this provision, by submission of its offer, the offeror— (i) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (ii) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act; and VerDate Mar<15>2010 20:08 Dec 07, 2012 Jkt 229001 * * * * ■ 11. Amend section 52.225–25 by— ■ a. Revising the section heading and date of the provision; and ■ b. Revising paragraph (c) and the introductory text of paragraph (d) to read as follows: * * * * * PROHIBITION ON CONTRACTING WITH ENTITIES ENGAGING IN CERTAIN ACTIVITIES OR TRANSACTIONS RELATING TO IRAN—REPRESENTATION AND CERTIFICATIONS (DEC 2012) * ■ * * 52.225–25 Prohibition on Contracting with Entities Engaging in Certain Activities or Transactions Relating to Iran— Representation and Certifications. ANNUAL REPRESENTATIONS AND CERTIFICATIONS (DEC 2012) * (iii) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at http:// www.treasury.gov/ofac/downloads/ t11sdn.pdf). (3) The representation and certification requirements of paragraph (o)(2) of this provision do not apply if— (i) This solicitation includes a trade agreements certification (e.g., 52.212–3(g) or a comparable agency provision); and (ii) The offeror has certified that all the offered products to be supplied are designated country end products. * * * * (c) Except as provided in paragraph (d) of this provision or if a waiver has been granted in accordance with 25.703–4, by submission of its offer, the offeror— (1) Represents, to the best of its knowledge and belief, that the offeror does not export any sensitive technology to the government of Iran or any entities or individuals owned or controlled by, or acting on behalf or at the direction of, the government of Iran; (2) Certifies that the offeror, or any person owned or controlled by the offeror, does not engage in any activities for which sanctions may be imposed under section 5 of the Iran Sanctions Act. These sanctioned activities are in the areas of development of the petroleum resources of Iran, production of refined petroleum products in Iran, sale and provision of refined petroleum products to Iran, and contributing to Iran’s ability to acquire or develop certain weapons or technologies; and (3) Certifies that the offeror, and any person owned or controlled by the offeror, does not knowingly engage in any transaction that exceeds $3,000 with Iran’s Revolutionary Guard Corps or any of its officials, agents, or affiliates, the property and interests in property of which are blocked pursuant to the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (see OFAC’s Specially Designated Nationals and Blocked Persons List at http:// PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 www.treasury.gov/ofac/downloads/ t11sdn.pdf). (d) Exception for trade agreements. The representation requirement of paragraph (c)(1) and the certification requirements of paragraphs (c)(2) and (c)(3) of this provision do not apply if— * * * * * [FR Doc. 2012–29639 Filed 12–7–12; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2012–0081, Sequence 8] Federal Acquisition Regulation; Federal Acquisition Circular 2005–63; 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 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) 2005–63, 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 2005–63, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. DATES: December 10, 2012. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–63 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. SUMMARY: RULE IN FAC 2005–63 Subject FAR Case Iran Threat Reduction .. 2012–030 E:\FR\FM\10DER2.SGM 10DER2 Analyst Davis. Federal Register / Vol. 77, No. 237 / Monday, December 10, 2012 / Rules and Regulations A summary for the FAR rule follows. For the actual revisions and/or amendments made by this FAR case, refer to the documents following this summary. FAC 2005–63 amends the FAR as specified below: mstockstill on DSK4VPTVN1PROD with SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 18:37 Dec 07, 2012 Jkt 229001 Iran Threat Reduction (FAR Case 2012– 030) (Interim) This interim rule amends the Federal Acquisition Regulation (FAR) to require certifications that implement the expansion of sanctions relating to the energy sector of Iran and sanctions with respect to Iran’s Revolutionary Guard Corps, as contained in Titles II and III of the Iran Threat Reduction and Syria Human Rights Act of 2012. This interim PO 00000 Frm 00007 Fmt 4701 Sfmt 9990 73521 rule will not have a significant economic impact on a substantial number of small entities. Dated: December 3, 2012. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2012–29634 Filed 12–7–12; 8:45 am] BILLING CODE P E:\FR\FM\10DER2.SGM 10DER2

Agencies

[Federal Register Volume 77, Number 237 (Monday, December 10, 2012)]
[Rules and Regulations]
[Pages 73520-73521]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-29634]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2012-0081, Sequence 8]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-63; Small Entity Compliance Guide

AGENCY: 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) 2005-63, 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 2005-63, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: December 10, 2012.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-63 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

                           Rule in FAC 2005-63
------------------------------------------------------------------------
                Subject                   FAR Case         Analyst
------------------------------------------------------------------------
Iran Threat Reduction..................   2012-030  Davis.
------------------------------------------------------------------------


[[Page 73521]]


SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the 
actual revisions and/or amendments made by this FAR case, refer to the 
documents following this summary. FAC 2005-63 amends the FAR as 
specified below:

Iran Threat Reduction (FAR Case 2012-030) (Interim)

    This interim rule amends the Federal Acquisition Regulation (FAR) 
to require certifications that implement the expansion of sanctions 
relating to the energy sector of Iran and sanctions with respect to 
Iran's Revolutionary Guard Corps, as contained in Titles II and III of 
the Iran Threat Reduction and Syria Human Rights Act of 2012. This 
interim rule will not have a significant economic impact on a 
substantial number of small entities.

    Dated: December 3, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2012-29634 Filed 12-7-12; 8:45 am]
BILLING CODE P