[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53990-53992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21383]
[[Page 53989]]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1, Parts 2, 4, et al.
Federal Acquisition Regulations; Final Rules, Interim Rules, and Small
Entity Compliance Guide
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 /
Rules and Regulations
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2008-0003, Sequence 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-27; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of rules.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 2005-27. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at http://www.regulations.gov.
DATES: For effective dates and comment dates, see separate documents,
which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to each FAR case. Please cite FAC 2005-27 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
List of Rules in FAC 2005-27
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Item Subject FAR case Analyst
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I.............. Correcting Statutory References Related to 2007-020 Cundiff.
theHigher Education Act of 1965.
II............. Changing the Name of the Office of Small 2008-001 Cundiff.
andDisadvantaged Business Utilization for
DoD.
III............ Administrative Changes to the FPI Blanket 2007-015 Clark.
Waiver and the JWOD Program Name.
IV............. Local Community Recovery Act of 2006......... 2006-014 Clark.
V.............. Additional Requirements for Competition 2007-007 Woodson.
Advocate AnnualReports.
VI............. Contract Debts............................... 2005-018 Murphy.
VII............ Subcontractor Requests for Bonds............. 2007-022 Jackson.
VIII........... Extension of Authority for Use of Simplified 2008-002 Jackson.
Acquisition Procedures for Certain
Commercial Items.
IX............. Enhanced Competition for Task and Delivery 2008-006 Clark.
OrderContracts--Section 843 of the Fiscal
Year 2008 National Defense Authorization
Act(Interim).
X.............. Online Representations and Certifications 2006-025 Woodson.
ApplicationReview.
XI............. Cost Accounting Standards (CAS) 2007-002 Chambers.
Administration andAssociated Federal
Acquisition Regulation Clauses (Interim).
XII............ CAS Administration........................... 2006-004 Chambers.
XIII........... Accepting and Dispensing of $1 Coin.......... 2006-027 Jackson.
XIV............ Technical Amendments......................... ....................... .......................
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments to these FAR cases, refer to the
specific item number and subject set forth in the documents following
these item summaries.
FAC 2005-27 amends the FAR as specified below:
Item I--Correcting Statutory References Related to the Higher Education
Act of 1965 (FAR Case 2007-020)
This final rule amends the Federal Acquisition Regulation to
reflect the correct public law citations for the definitions of
minority institution and Hispanic-serving institution. The citations
changed when the Higher Education Act of 1965 was amended by the Higher
Education Amendments of 1998.
Item II--Changing the Name of the Office of Small and Disadvantaged
Business Utilization for DoD (FAR Case 2008-001)
This final rule amends the Federal Acquisition Regulation to change
the name of the ``Office of Small and Disadvantaged Business
Utilization'' to the ``Office of Small Business Programs'' for the
Department of Defense. Section 904 of the National Defense
Authorization Act for Fiscal Year 2006, Pub. L. 109-163, re-designated
the ``Office of Small and Disadvantaged Business Utilization''.
Item III--Administrative Changes to the FPI Blanket Waiver and the JWOD
Program Name (FAR Case 2007-015)
This final rule amends the language in the Federal Acquisition
Regulation to increase the blanket waiver threshold for small dollar-
value purchases from Federal Prison Industries by Federal agencies and
also changes the name of the JWOD Program to the AbilityOne Program.
These changes are administrative in nature and any impact will be
minimal.
Item IV--Local Community Recovery Act of 2006 (FAR Case 2006-014)
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council have adopted as final, with a minor change to the
second interim rule, two interim rules amending the Federal Acquisition
Regulation (FAR) to implement amendments to the Robert T. Stafford
Disaster Relief and Emergency Assistance Act. The first interim rule
was published in the Federal Register at 71 FR 44546, August 4, 2006.
The second interim rule was published in the Federal Register at 72 FR
63084, November 7, 2007.
Item V--Additional Requirements for Competition Advocate Annual Reports
(FAR Case 2007-007)
This final rule amends the Federal Acquisition Regulation 6.502 to
require that annual reviews by executive agency competition advocates
be provided in writing to both the agency senior procurement executive
and the agency chief acquisition officer, and ensure task and delivery
orders over $1,000,000 issued under multiple award contracts are
properly planned, issued, and comply with 8.405 and 16.505. The rule
provides for one of several initiatives by the Administrator, Office of
Federal
[[Page 53991]]
Procurement Policy, to reinforce the use of competition and related
practices for achieving a competitive environment. The rule
reinvigorates the role of agencies' competition advocates, strengthens
agencies' competition practices, and ensures best value for the
taxpayer.
Item VI--Contract Debts (FAR Case 2005-018)
This final rule amends and reorganizes FAR Subpart 32.6, Contract
Debts, and amends associated other FAR coverage, based on the
recommendations of the Department of Defense Contract Debt Integrated
Process Team, to improve contract debt controls and procedures and to
ensure consistency within and between existing regulations. FAR Subpart
32.6 prescribes policies and procedures for identifying, collecting,
and deferring collection of contract debts (including interest, if
applicable). Throughout, the term ``responsible official'' has been
replaced with the specific individual/organization responsible for
fulfilling the FAR requirement. FAR 32.601 is revised to specify what
constitutes a contract debt, rather than how a contract debt may arise.
All discussions of contract debt determinations are consolidated in FAR
32.603, including the responsibility of the contracting officer in
making debt determinations. All discussions of the demand for payment
are consolidated in FAR 32.604, including the requirements for demand
letters. All discussions of final decisions are consolidated in FAR
32.605. FAR 32.606 includes all coverage on debt collections, including
when responsibility should be transferred to the Department of
Treasury. All discussions of interest are consolidated at FAR 32.608,
including how to compute interest. The Government's right to make a
demand for payment and start the interest clock running under the
contract is ensured, as is the Government's right to make a demand for
payment without first issuing a final decision of the contracting
officer. A final decision is required only if the contractor disagrees
with the demand for payment.
Item VII--Subcontractor Requests for Bonds (FAR Case 2007-022)
This final rule amends the list of laws inapplicable to commercial
items, to clarify that the existing regulations at FAR 28.106-4,
Contract clause, and 52.228-12, Prospective Subcontractor Requests for
Bonds, do not apply to commercial items. Section 806(a)(3) of Pub. L.
102-190, as amended by Sections 2091 and 8105 of Pub. L. 103-355 will
be included in the list at FAR 12.503(a) and 12.504(a).
Item VIII--Extension of Authority for Use of Simplified Acquisition
Procedures for Certain Commercial Items (FAR Case 2008-002)
This final rule amends the Federal Acquisition Regulation to
implement Section 822 of the National Defense Authorization Act for
Fiscal Year 2008 (Pub. L. 110-181). Section 822 amends Section 4202(e)
of the Clinger-Cohen Act of 1996 (division D of Pub. L. 104-106; 110
Stat. 652; 10 U.S.C. 2304 note) by extending until January 1, 2010, the
timeframe in which an agency may use simplified procedures to purchase
commercial items in amounts greater than the simplified acquisition
threshold, but not exceeding $5,500,000 ($11 million for acquisitions
as described in 13.500(e)).
Item IX--Enhanced Competition for Task and Delivery Order Contracts--
Section 843 of the Fiscal Year 2008 National Defense Authorization Act
(FAR Case 2008-006) (Interim)
This interim rule amends Federal Acquisition Regulation Subpart
16.5 to implement Section 843 of the Fiscal Year 2008 National Defense
Authorization Act (Pub. L. 110-181). The provisions of Section 843
include: (1) Limitation on single award task or delivery order
(Indefinite-Delivery Requirements, and Indefinite-Quantity) type
contracts greater than $100 million; (2) Enhanced competition for task
and delivery orders in excess of $5 million; and (3) Protest on orders
on the grounds that the order increases the scope, period, maximum
value of the contract under which the order is issued; or valued in
excess of $10 million. FAR sections 16.503 and 16.504, as amended by
this rule, are applicable to single award task or delivery order
contracts awarded on or after May 27, 2008. FAR section 16.505, as
amended by this rule, is applicable to orders awarded on or after May
27, 2008 on existing contracts as well as new contracts.
Item X--Online Representations and Certifications Application Review
(FAR Case 2006-025)
This final rule adopts as final, without change, the interim rule
published in the Federal Register at 72 FR 46359, August 17, 2007. The
rule amends FAR 23.406 and 23.906 to revise the prescriptions for the
use of 52.223-9 and 52.223-14 to provide for their use under the same
circumstances as the prescription for use of their associated
provisions. These revisions ensure compliance with the requirements of
40 CFR part 247 and 42 U.S.C. 11023.
Item XI--Cost Accounting Standards (CAS) Administration and Associated
Federal Acquisition Regulation Clauses (FAR Case 2007-002) (Interim)
The subject case is revising the Federal Acquisition Regulation
(FAR) clauses concerning the administration of Cost Accounting
Standards (CAS) to maintain consistency between the CAS rules and the
FAR.
Item XII--CAS Administration (FAR Case 2006-004)
This final rule adopts, with minor changes, the proposed rule
published in the Federal Register at 71 FR 58338, October 3, 2006,
amending the Federal Acquisition Regulation to implement revisions to
the regulations related to the administration of the Cost Accounting
Standards as they pertain to contracts with foreign concerns, including
United Kingdom concerns.
Item XIII--Accepting and Dispensing of $1 Coin (FAR Case 2006-027)
This final rule adopts, with change, the interim rule published in
the Federal Register at 72 FR 46361, August 17, 2007. This final rule
implements the Presidential $1 Coin Act of 2005 (Pub. L. 109-145). The
Presidential $1 Coin Act of 2005 requires the Secretary of the Treasury
to mint and issue annually four new $1 coins bearing the likenesses of
the Presidents of the United States in the order of their service and
to continue to mint and issue ``Sacagawea-design'' coins for
circulation. In order to promote circulation of the coins, Section 104
of the Public Law also requires that Federal agencies take action so
that, by January 1, 2008, entities that operate any business, including
vending machines, on any premises owned by the United States or under
the control of any agency or instrumentality of the United States, are
capable of accepting and dispensing $1 coins and that the entities
display notices of this capability on the business premises. Pub. L.
110-147 was enacted to amend Section 5112(p)(1)(A) of Title 31, United
States Code, to allow an exception from the $1 coin dispensing
capability requirement for those vending machines that do not receive
currency denominations greater than $1. Contracting officers have been
instructed in the Applicability Date of the preamble to modify
contracts upon request of the contractor, to change the older version
of the clause to the newer version without requiring consideration from
the contractor.
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Item XIV--Technical Amendments
Editorial changes are made at FAR 15.404-1 and 52.212-5.
Dated: September 9, 2008
Al Matera,
Director, Office of Acquisition Policy.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-27 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2005-27 is
effective October 17, 2008, except for Items VII, VIII, IX, X, XIII,
and XIV which are effective September 17, 2008.
Dated: September 5, 2008.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: September 8, 2008.
David A. Drabkin,
Senior Procurement Executive & Deputy Chief Acquisition Officer,
Office of the Chief Acquisition Officer, U.S. General Services
Administration.
Dated: August 26, 2008.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. E8-21383 Filed 9-16-08; 8:45 am]
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