[Federal Register: December 20, 2004 (Volume 69, Number 243)]
[Rules and Regulations]
[Page 76339-76341]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20de04-26]
[[Page 76339]]
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Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1, et al.
Federal Acquisition Circular 2001-26; Introduction, Federal Acquisition
Regulation; Electronic Representations and Certifications, et al.;
Final Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 2001-26; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules and a technical amendment.
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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) 2001-26. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents
which follow.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, at (202) 501-
4755, for information pertaining to status or publication schedules.
For clarification of content, contact the analyst whose name appears in
the table below in relation to each FAR case or subject area. Please
cite FAC 2001-26 and specific FAR case number(s). Interested parties
may also visit our website at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far.
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Item Subject FAR case Analyst
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I.............. Electronic Representations and Certifications 2002-024 Zaffos.
II............. Excluded Parties List System Enhancement..... 2002-023 Goral.
III............ Special Emergency Procurement Authority...... 2003-022 Zaffos.
IV............. Notification of Employee Rights Concerning 2004-010 Goral.
Payment of Union Dues or Fees (Interim).
V.............. Mentor Prot[eacute]g[eacute] Program-- 2003-010 Cundiff.
Delegation of Approval Authority for Mentor
Prot[eacute]g[eacute] Agreements.
VI............. Applicability of the Cost Principles and 2001-018 Loeb.
Penalties for Unallowable Costs.
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 2001-26 amends the FAR as specified below:
Item I--Electronic Representations and Certifications (FAR Case 2002-
024)
This final rule requires offerors to provide representations and
certifications electronically via the BPN website; to update the
representations and certifications as necessary, but at least annually,
to keep them current, accurate and complete; and to make changes that
affect only one solicitation by completing the appropriate sections of
either paragraph (j) of FAR provision 52.212-3 or FAR provision 52.204-
8, whichever is included in the solicitation. This change represents a
conversion of a paper-based process to a more efficient electronic
process to obtain offerors' representations and certifications. It will
also significantly reduce the paperwork burden for both offerors and
contracting officers.
Item II--Excluded Parties List System Enhancement (FAR Case 2002-023)
This final rule amends the FAR to incorporate the Excluded Parties
List System (EPLS), GSA's new searchable on-line electronic list of
parties excluded from doing business with the Federal Government. The
EPLS enables agencies to directly input data into this system and
obviates the need for the hard copy List of Parties Excluded from
Federal Procurement and Nonprocurement Programs. The EPLS will provide
more up-to-date and readily accessible information to the contracting
officer on parties excluded from doing business with the Federal
Government.
Item III--Special Emergency Procurement Authority (FAR Case 2003-022)
This rule finalizes the interim rule 2003-022 by including under
FAR subpart 13.5 the acquisition of supplies and services that meet the
definition of a commercial item in FAR 2.101, and which, as determined
by the head of the agency, are to be used to support a contingency
operation. This final rule implements Section 1443 of the Services
Acquisition Reform Act of 2003 (41 U.S.C. 428a) and also incorporates
the higher thresholds authorized by Section 822 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005. This rule
allows the contracting officer expanded use of Simplified Acquisition
and Commercial Items procedures when acquiring supplies or services
that, as determined by the head of the agency, are to be used in
support of a contingency operation or to facilitate the defense against
or the recovery from nuclear, biological, chemical or radiological
attack.
Item IV--Notification of Employee Rights Concerning Payment of Union
Dues or Fees (FAR Case 2004-010) (Interim)
This interim rule amends FAR Parts 2, 22, and 52 to implement
Executive Order (E.O.) 13201, Notification of Employee Rights
Concerning Payment of Union Dues or Fees, and Department of Labor
regulations at 29 CFR part 470. The rule requires Government
contractors and subcontractors to post notices informing their
employees that under Federal law they cannot be required to join a
union or maintain membership in a union to retain their jobs. The
required notice also advises employees who are not union members that
they can object to the use of their union dues for certain purposes.
This rule applies to Federal contractors and subcontractors with
contracts or subcontracts that exceed the simplified acquisition
threshold, unless covered by an exemption granted by the Secretary of
Labor.
Item V--Mentor Prot[eacute]g[eacute] Program--Delegation of Approval
Authority for Mentor Prot[eacute]g[eacute] Agreements (FAR Case 2003-
010)
This final rule amends FAR 19.702, Statutory Requirements, to
change the approval authority of the Mentor Prot[eacute]g[eacute]
Agreements to the DoD Military Departments or Defense Agencies and to
make some minor changes for clarification. This change is being made in
order for DoD to streamline and
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transform itself to more effectively achieve its mission.
Item VI--Applicability of the Cost Principles and Penalties for
Unallowable Costs (FAR Case 2001-018)
This final rule increases the threshold at FAR 42.709(b) and FAR
42.709-6 from $500,000 to $550,000 for contracts subject to penalties
if a contractor includes expressly unallowable costs in a claim for
reimbursement. The threshold was increased to reflect inflation and is
authorized by 10 U.S.C. 2324(l) and 41 U.S.C. 256(l).
The rule is of importance to contracting officers and contractors
who negotiate contracts and modifications, and determine costs in
accordance with FAR Part 31 contract cost principles.
Item VII--Technical Amendments
Editorial changes are made at FAR 11.201(d)(2)(i), 41.301(a),
44.203(b)(1), 51.102(c)(1), and in the introductory text of FAR
provision 52.219-1 in order to update references.
Dated: December 9, 2004.
Laura Auletta,
Director, Contract Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2001-26 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 2001-26 is
effective December 20, 2004, except for Item I, which is effective
January 1, 2005, and Items II, III, V, and VI, which are effective
January 19, 2005.
Dated: December 6, 2004.
Deidre A. Lee,
Director, Defense Procurement and Acquisition Policy.
Dated: December 8, 2004.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer,
General Services Administration.
Dated: December 2, 2004.
Tom Luedtke,
Deputy Chief Acquisition Officer, National Aeronautics and Space
Administration.
[FR Doc. 04-27632 Filed 12-17-04; 8:45 am]