Federal Acquisition Regulation; Federal Acquisition Circular 2005-63; Small Entity Compliance Guide, 73520-73521 [2012-29634]
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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)
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*
*
*
*
*
(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
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■ 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 https://
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 https://
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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 https://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
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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:
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SUPPLEMENTARY INFORMATION:
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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
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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]
-----------------------------------------------------------------------
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 https://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]
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