[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Rules and Regulations]
[Page 57457]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se05-42]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 6 and 13
[FAC 2005-06; FAR Case 2004-037; Item V]
RIN 9000-AK12
Federal Acquisition Regulation; Increased Justification and
Approval Threshold for DOD, NASA, and Coast Guard
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to convert the
interim rule published in the Federal Register at 70 FR 11739, March 9,
2005, to a final rule with minor changes. The rule amended the Federal
Acquisition Regulation (FAR) to increase the justification and approval
thresholds for DoD, NASA, and the U.S. Coast Guard. The FAR revision
implemented Section 815 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005 which amended 10 U.S.C.
2304(f)(1)(B) by striking $50,000,000 both places it appears and
inserting $75,000,000. In addition, corresponding language in the FAR
is also changed to reflect these higher thresholds for DoD, NASA, and
the Coast Guard.
DATES: Effective Date: September 30, 2005.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Mr. Michael Jackson, Procurement
Analyst, at (202) 208-4949. Please cite FAC 2005-06, FAR case 2004-037.
SUPPLEMENTARY INFORMATION:
A. Background
This rule implemented Section 815 of the Ronald W. Reagan National
Defense Authorization Act for Fiscal Year 2005, Public Law 108-375,
which amended 10 U.S.C. 2304(f)(1)(B) by striking $50,000,000 and
inserting $75,000,000.
DoD, GSA, and NASA published an interim rule in the Federal
Register at 70 FR 11739, March 9, 2005, with a request for comments by
May 9, 2005. No comments were received. This final rule converts the
interim rule with a minor change, making corresponding changes to FAR
13.501.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not
impose any costs on either small or large businesses.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 6 and 13
Government procurement.
Dated: September 22, 2005.
Julia B. Wise,
Director, Contract Policy Division.
Interim Rule Adopted as Final with Changes
0
Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48 CFR
part 6, which was published in the Federal Register at 70 FR 11739,
March 9, 2005, as a final rule with the following changes:
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
0
1. The authority citation for 48 CFR part 13 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 13.501 by revising the first sentences of paragraphs
(a)(2)(iii) and (a)(2)(iv) to read as follows:
13.501 Special documentation requirements.
(a) * * *
(2) * * *
(iii) For a proposed contract exceeding $10,000,000 but not
exceeding $50,000,000 or, for DoD, NASA, and the Coast Guard, not
exceeding $75,000,000, the head of the procuring activity or the
official described in 6.304(a)(3) or (a)(4) must approve the
justification and approval. * * *
(iv) For a proposed contract exceeding $50,000,000 or, for DoD,
NASA, and the Coast Guard, $75,000,000, the official described in
6.304(a)(4) must approve the justification and approval. * * *
* * * * *
[FR Doc. 05-19472 Filed 9-29-05; 8:45 am]
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