[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Pages 40458-40459]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19161]
[[Page 40457]]
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Part VI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulation; Final Rules
Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 /
Rules and Regulations
[[Page 40458]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2009-0001, Sequence 7]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-36; 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) 2005-36. 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 2005-36 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 2005-36
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Item Subject FAR case Analyst
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I.............. Federal Technical Data Solution (FedTeDS).... 2008-038 Loeb.
II............. Fair Labor Standards Act and Service Contract 2007-021 Murphy.
Act Price Adjustment Clauses.
III............ New Designated Country--Taiwan............... 2009-014 Murphy.
IV............. Prohibition on Restricted Business Operations 2008-004 Murphy.
in Sudan and Imports from Burma.
V.............. List of Approved Attorneys, Abstractors, and 2006-013 Chambers.
Title Companies.
VI............. Cost Accounting Standards (CAS) 2007-002 Chambers.
Administration and Associated Federal
Acquisition Regulation Clauses.
VII............ 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 2005-36 amends the FAR as specified below:
Item I--Federal Technical Data Solution (FedTeDS) (FAR Case 2008-038)
This final rule amends the Federal Acquisition Regulation (FAR)
subparts 5.1, 5.2, and 7.1 to remove all references to the Federal
Technical Data Solution (FedTeDS) System, and refer to the enhanced
capabilities of the Governmentwide Point of Entry (GPE) system. The
FedTeDS system was used to post on-line technical data packages and
other items associated with solicitations that required some level of
access control. It was interfaced directly with the GPE system. In
April 2008, the newest version of the GPE was launched. This version
incorporated the capabilities of FedTeDS, allowing the FedTeDS system
to be retired. This rule will only have a slight impact on Government.
It will inform and direct both internal and external users to the new
system and website. This rule does not have a significant impact on any
automated systems.
Item II--Fair Labor Standards Act and Service Contract Act Price
Adjustment Clauses (FAR Case 2007-021)
This final rule amends the Federal Acquisition Regulation (FAR) to
specifically require the incorporation of FAR clauses 52.222-43, Fair
Labor Standards Act and Service Contract Act-Price Adjustment (Multiple
Year and Option Contracts) and 52.222-44, Fair Labor Standards Act and
Service Contract Act--Price Adjustment, in time-and-materials and
labor-hour service contracts that are subject to the Service Contract
Act.
Item III--New Designated Country--Taiwan (FAR Case 2009-014) (Interim)
This interim rule implements in FAR Parts 22, 25, and 52, as
appropriate, the designation of Taiwan under the World Trade
Organization Agreement on Government Procurement, which took effect on
July 15, 2009. This FAR change allows contracting officers to purchase
goods and services made in Taiwan without application of the Buy
American Act if the acquisition is covered by the World Trade
Organization Agreement on Government Procurement.
Item IV--Prohibition on Restricted Business Operations in Sudan and
Imports from Burma (FAR Case 2008-004)
This final rule converts the interim rule published in the Federal
Register at 73 FR 33636 on June 12, 2008, to a final rule with changes.
This final rule implements Section 6 of the Sudan Accountability and
Divestment Act of 2007, which requires certification in each contract
entered into by an executive agency that the contractor does not
conduct certain business operations in Sudan. In addition, in
accordance with Executive Orders 13310 and 13448, the Councils added
Burma to the list of countries from which most imports are prohibited.
Item V--List of Approved Attorneys, Abstractors, and Title Companies
(FAR Case 2006-013)
This final rule amends Federal Acquisition Regulation (FAR) 28.203-
3 and 52.228-11 to update the procedures for the acceptance of a bond
with a security interest in real property. The FAR has relied on the
Department of Justice (DOJ) to provide a ``List of Approved Attorneys,
Abstractors, and Title Companies''. However, DOJ has discontinued
maintenance of the List. Replacing the List, DOJ published ``Title
Standards 2001'', establishing the evidence requirements for acceptance
of
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title to real property for individual sureties.
The rule also provides that in lieu of evidence of title that is
consistent with DOJ standards, that sureties may provide a mortgagee
title insurance policy in an insurance amount equal to the amount of
the lien.
Item VI--Cost Accounting Standards (CAS) Administration and Associated
Federal Acquisition Regulation Clauses (FAR Case 2007-002)
This final rule converts, without change, the interim rule
published in the Federal Register at 73 FR 54011 September 17, 2008. No
comments were received in response to the interim rule. The interim
rule amended the Federal Acquisition Regulation (FAR) to revise FAR
30.201-4(b)(1) and FAR 52.230-1 through 52.230-5 to maintain
consistency between the Federal Acquisition Regulation (FAR) and Cost
Accounting Standards (CAS) regarding the administration of the CAS
Board's rules, regulations and standards.
Effective June 14, 2007, the CAS Board amended the contract clauses
contained in its rules and regulations at 48 CFR 9903.201-4, pertaining
to the administration of CAS, to adjust the CAS applicability threshold
in accordance with section 822 of the 2006 National Defense
Authorization Act (Pub. L. 109-163). That section amended 41 U.S.C.
422(f)(2)(A) to require that the threshold for CAS applicability be the
same as the threshold for compliance with the Truth in Negotiations Act
(TINA).
Item VII--Technical Amendments
Editorial changes are made at FAR 32.503-9, 52.213-4, and 52.244-6.
Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Federal Acquisition Circular (FAC) 2005-36 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 2005-36 is
effective August 11, 2009, except for Items I, II, and V, which are
effective September 10, 2009.
Dated: August 3, 2009.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: August 3, 2009.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of the Chief Acquisition
Officer, U.S. General Services Administration.
Dated: August 3, 2009.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. E9-19161 Filed 8-10-09; 8:45 am]
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