[Federal Register: April 19, 2006 (Volume 71, Number 75)]
[Rules and Regulations]
[Page 20309-20311]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19ap06-26]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR-2006-0023]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-09; Small Entity Compliance Guide
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
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SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
Administrator for the National Aeronautics and Space Administration.
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 rules appearing in Federal
Acquisition Circular (FAC) 2005-09 which amend the FAR. An asterisk (*)
next to a rule indicates that a regulatory flexibility analysis has
been prepared. Interested parties may obtain further information
regarding these rules by referring to FAC
[[Page 20310]]
2005-09 which precedes this document. These documents are also
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.
FOR FURTHER INFORMATION CONTACT: Laurieann Duarte, FAR Secretariat,
(202) 501-4225. For clarification of content, contact the analyst whose
name appears in the table below.
List of Rules in FAC 2005-09
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Item Subject FAR case FAR Analyst
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I.......... Federal Technical Data Solution (FedTeDS) 2004-007 Zaffos.
II......... Definition of Information Technology..... 2004-030 Davis.
III........ OMB Circular A-76........................ 2004-021 Zaffos.
IV......... Combating Trafficking in Persons 2005-012 Clark.
(Interim).
*V......... Confirmation of HUBZone Certification.... 2005-009 Cundiff.
*VI........ Expiration of the Price Evaluation 2005-002 Cundiff.
Adjustment.
VII........ Removal of Sanctions Against Certain 2005-045 Clark.
European Union Member States (Interim).
VIII....... Free Trade Agreements Morocco (Interim).. 2006-001 Clark.
IX......... Fast Payment Procedures.................. 2004-031 Olson.
X.......... Technical Amendment......................
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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 2005-09 amends the FAR as specified below:
Item I--Federal Technical Data Solution (FedTeDS) (FAR Case 2004-007)
This final rule amends the FAR to require contracting officers to
make solicitation-related information that requires limited
availability or distribution available to offerors electronically via
the Federal Technical Data Solution (FedTeDS), unless certain
exceptions apply. FedTeDS provides secure, user identification and
password protected access to solicitation-related data that should not
be made available to the public on the Governmentwide Point of Entry
(GPE) website.
Item II--Definition of Information Technology (FAR Case 2004-030)
This final rule adopts without change the interim rule which
amended FAR 2.101(b) by revising the definition for ``information
technology'' to reflect changes to the definition resulting from the
enactment of Public Law 108-199, Consolidated Appropriations Act, 2004.
Section 535(b) of Division F of Public Law 108-199 permanently revises
the term ``information technology,'' which is defined at 40 U.S.C.
11101, to add ``analysis'' and ``evaluation'' and to clarify the term
``ancillary equipment.''
Item III--OMB Circular A-76 (FAR Case 2004-021)
This final rule amends FAR Subpart 7.3 to provide language that is
consistent with OMB Circular A-76 (Revised), Performance of Commercial
Activities, dated May 29, 2003. In addition, it provides two new
provisions that inform potential offerors of the procedures the
Government will follow for streamlined and standard competitions, as
they are defined in the Circular.
Item IV--Combating Trafficking in Persons (FAR Case 2005-012)
This interim rule amends FAR Parts 12, 22 and 52 to implement the
Trafficking Victims Protection Reauthorization Act of 2003, as amended
by the Trafficking Victims Protection Reauthorization Act of 2005. The
statute (22 U.S.C. 7104(g)) requires that the contract contain a clause
allowing the agency to terminate the contract without penalty if the
contractor or subcontractor engage in severe forms of trafficking in
persons or has procured a commercial sex act, or used forced labor in
the performance of the contract. The interim rule applies to
contractors awarded service contracts (other than commercial service
contracts under Part 12). Such contractors must develop policies to
combat trafficking in persons and notify the contracting officer
immediately of any information it received from any source that alleges
a contract employee has engaged in conduct that violates this policy,
and any actions taken against the employee pursuant to the clause.
Item V--Confirmation of HUBZone Certification (FAR Case 2005-009)
The interim rule published at 70 FR 43581, July 27, 2005 is
converted to a final rule without change. The interim rule amended FAR
19.703 and the clause at 52.219-9 to clarify that prime contractors
must confirm that a subcontractor representing itself as a Historically
Underutilized Business Zone (HUBZone) small business concern is
certified, consistent with the requirements of 15 U.S.C. 632 et seq.,
as amended. This change is expected to increase subcontracting
opportunities for certified HUBZone small business concerns and ensure
accurate reporting of subcontract awards to HUBZone small business
concerns under Government contracts.
Item VI--Expiration of the Price Evaluation Adjustment (FAR Case 2005-
002)
This final rule adopts, without change, an interim rule that
amended the FAR to cancel the authority for civilian agencies, other
than NASA and the U.S. Coast Guard, to apply the price evaluation
adjustment to certain small disadvantaged business concerns in
competitive acquisitions. The change was required because the statutory
authority for the adjustments had expired. As a result, certain small
disadvantaged business concerns will no longer benefit from the
adjustments. DoD, NASA, and the U.S. Coast Guard are authorized to
continue applying the price evaluation adjustment.
Item VII--Removal of Sanctions Against Certain European Union Member
States (FAR Case 2005-045)
This interim rule removes the sanctions in FAR Part 25 against
Austria, Belgium, Denmark, Finland, France, Ireland, Italy, Luxembourg,
the Netherlands, Sweden, and the United Kingdom on acquisitions not
covered by the World Trade Organization Government Procurement
Agreement (WTO GPA). These sanctions did not apply to small business
set-asides, to acquisitions below the simplified acquisition threshold
using simplified acquisition procedures, or to acquisitions by the
Department of Defense. Contracting officers may now consider offers of
end products,
[[Page 20311]]
services, and construction that were previously prohibited by the
sanctions.
Item VIII--Free Trade Agreements - Morocco (FAR Case 2006-001)
This interim rule allows contracting officers to purchase the
products of Morocco without application of the Buy American Act if the
acquisition is subject to the Morocco Free Trade Agreement. The U.S.
Trade Representative negotiated a Free Trade Agreement with Morocco,
which went into effect January 1, 2006. This agreement joins the North
American Free Trade Agreement (NAFTA) and the Australia, Chile, and
Singapore Free Trade Agreements which are already in the FAR. The
threshold for applicability of the Morocco Free Trade Agreement is
$193,000 for supplies and services, $7,407,000 for construction.
Item IX--Fast Payment Procedures (FAR Case 2004-031)
This amendment permits, but does not require, fast payment when
invoices and/or outer shipping containers are not marked ``Fast Pay'',
provided the contract includes the ``Fast Payment Procedure'' clause.
If the Fast Payment clause is in the contract, such unmarked invoices
will no longer be rejected. Instead, they will be paid using either
fast payment or normal payment procedures. In addition, the revision
deletes the requirement for marking invoices ``No Receiving Report
Prepared.''
X--Technical Amendment
An editorial change is made at FAR 19.1005(a) in Item 3 of the
NAICS Description by removing from the end of NAICS code entry
``541310'' the word ``or''.
Dated: April 12, 2006.
Gerald Zaffos,
Director, Contract Policy Division.
[FR Doc. 06-3688 Filed 4-18-06; 8:45 am]
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