[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Rules and Regulations]
[Page 63025-63027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-11]
[[Page 63025]]
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Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1 and Parts 1, 2, et al.
Federal Aquisition Regulations; Interim Rules, Final Rules, and Small
Entity Compliance Guide
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR-2007-0002, Sequence 6]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-21; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim rules, and technical
amendments.
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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) 2005-21. 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.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 2005-21 and
the specific FAR case number(s). For information pertaining to status
or publication schedules, contact the FAR Secretariat at (202) 501-
4755.
List of Rules in FAC 2005-21
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Item Subject FAR case Analyst
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I.............. SAFETY Act: Implementation of DHS Regulations 2006-023 Loeb.
(Interim).
II............. Biobased Products Preference Program......... 2004-032 Clark.
III............ FAR Part 27 Rewrite in Plain Language........ 1999-402 Woodson.
IV............. Federal Computer Network (FACNET) 2006-015 Woodson.
Architecture.
V.............. Exemption of Certain Service Contracts from 2001-004 Woodson.
the Service Contract Act (SCA) (interim).
VI............. Local Community Recovery Act of 2006 2006-014 Clark.
(Interim).
VII............ Labor Standards for Contracts Containing 2007-001 Woodson.
Construction Requirements-Contract Pricing
Method References.
VIII........... 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 2005-21 amends the FAR as specified below:
Item I--SAFETY Act: Implementation of DHS Regulations (FAR Case 2006-
023) (Interim)
This interim rule implements the SAFETY Act in the FAR. The SAFETY
Act provides incentives for the development and deployment of anti-
terrorism technologies by creating a system of ``risk management'' and
a system of ``litigation management.'' The purpose of the SAFETY Act is
to ensure that the threat of liability does not deter potential
manufacturers or sellers of antiterrorism technologies from developing,
deploying, and commercializing technologies that could save lives.
Examples of Qualified Anti-Terrorism Technologies (QATT) identified by
DHS include--
Vulnerability assessment and countermeasure and counter-
terrorism planning tools;
First responder interoperability solution;
Marine traffic management system;
Security services, guidelines, systems, and standards;
Vehicle and cargo inspection system;
X-ray inspection system;
Trace explosives detection systems and associated support
services;
Maintenance and repair of screening equipment;
Risk assessment platform;
Explosive and weapon detection equipment and services;
Biological detection and filtration systems;
Passenger screening services;
Baggage screening services;
Chemical, biological, or radiological agent release
detectors;
Vehicle barriers;
First responder equipment; and
Architectural and engineering ``hardening'' products and
services.
Item II--Biobased Products Preference Program (FAR Case 2004-032)
This final rule amends the Federal Acquisition Regulation (FAR) to
implement 7 U.S.C. 8102 as enacted by section 9002 of the Farm Security
and Rural Investment Act of 2002 (FSRIA), as amended by Sections 205
and 943 of the Energy Policy Act of 2005. Entitled Federal Procurement
of Biobased Products, section 7 U.S.C. 8102 requires that a procurement
preference be afforded biobased products within items designated by the
Secretary of Agriculture. This program applies to acquisitions by
Federal agencies using Federal funds for procurement, as well as
Government contractors that use USDA-designated items in performance of
a Government contract. It will provide increased opportunities for
entities, both large and small, that manufacture or sell biobased
products, while decreasing opportunities for businesses that
manufacture or sell similar non-biobased products or provide components
for the manufacturing of such products. A list of USDA-designated items
is available at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.usda.gov/biopreferred.
Item III--FAR Part 27 Rewrite in Plain Language (FAR Case 1999-402)
This final rule clarifies, streamlines, and updates text and
clauses on Patents, Data, and Copyrights (FAR Part 27). This effort
focused on rewriting the current FAR language into ``plain language,''
with the ultimate goal of making the policies and procedures more
understandable to the reader. This rewrite was not intended to include
substantive changes to Part 27 policies or procedures, except where
necessary to comply with current statutory or regulatory requirements,
or to resolve internal inconsistencies within FAR Part 27 and its
associated clauses.
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Item IV--Federal Computer Network (FACNET) Architecture (FAR Case 2006-
015)
This final rule amends the Federal Acquisition Regulation (FAR) to
remove FACNET references and provide the opportunity to recognize the
evolution of alternative technologies, processes, etc. that Federal
agencies are using and will use to satisfy their acquisition needs
without removing the use of FACNET for Federal agencies that may use
the system. Where necessary in the FAR, the term has been replaced with
a more appropriate term that incorporates various electronic data
interchange systems. The proposed rule published February 1, 2007 is
adopted as final without change.
Item V--Exemption of Certain Service Contracts from the Service
Contract Act (SCA) (2001-004) (Interim)
This interim rule amends Federal Acquisition Regulation (FAR) Parts
4, 15, 17, 22, and 52 to implement the U.S. Department of Labor's (DoL)
final rule issued January 18, 2001 (66 FR 5327) amending the
regulations at 29 CFR part 4 to exempt certain contracts for services
meeting specific criteria from coverage under the Service Contract Act.
This rule imposes the DoL criteria and does not utilize the term
``commercial services.'' The rule incorporates slight revisions to the
current exemption for consistency with the current DoL regulations and
clarification of appropriate course of action for the contracting
officer.
Item VI--Local Community Recovery Act of 2006 (FAR Case 2006-014)
(Interim)
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) have agreed on a second interim rule
amending the Federal Acquisition Regulation (FAR) to implement
legislative amendments to the Stafford Act at 42 U.S.C. 5150.
The first rule implemented The Local Community Recovery Act of
2006, Pub.L. 109-218, which addressed set-asides for major disaster or
emergency assistance acquisitions to businesses that reside or
primarily do business in the geographic area affected by the disaster
or emergency. This local area set-aside could be done along with a
small business set-aside.
After the first rule was published for comments in August, 2006,
Congress further amended the same area of the Stafford Act in the
Department of Homeland Security Appropriations Act, 2007, Public Law
109-295. The amended statute contains requirements for transitioning
work to local firms in the geographic area affected by the disaster or
emergency and for justifications for expenditures to entities outside
the major disaster or emergency area. This second interim rule
encompasses all of these changes.
Item VII--Labor Standards for Contracts Containing Construction
Requirements-Contract Pricing Method References (FAR Case 2007-001)
This final rule amends the Federal Acquisition Regulation (FAR) to
revise references to published pricing sources available to the
contracting officer in FAR 22.404-12(c)(2). The rule removes the
reference to ``R.S. Means Cost Estimating System'' as a commercial
source for pricing data. The revision will provide greater
flexibilities for contracting officers when selecting sources of
pricing data.
Item VIII--Technical Amendments
Editorial changes are made at FAR 1.106, 25.003, 52.212-5, 52.219-
9, 52.225-5, 52.225-17, 53.213, 53.302-347, and 53.302-348 in order to
update references.
Dated: October 31, 2007.
Al Matera,
Director, Office of Acquisition Policy.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-21 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 2005-21 is
effective November 7, 2007, except for Items II, III, IV, and VII which
are effective December 7, 2007.
Dated: October 26, 2007.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: October 26, 2007.
Molly A. Wilkinson,
Chief Acquisition Officer, Office of Chief Acquisition Officer, General
Services Administration.
Dated: October 18, 2007.
Harold V. Jefferson,
Acting Assistant Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 07-5476 Filed 11-6-07; 8:45 am]
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