[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Rules and Regulations]
[Page 73213-73214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26de07-20]
[[Page 73213]]
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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 and Parts 11, 22, et al. Federal Acquisition
Regulation; Final and Interim 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 8]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-23; 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) 2005-23. 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 2005-23 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 2005-23
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Item Subject FAR case Analyst
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I...................... Electronic 2006-030 Clark.
Products
Environmental
Assessment Tool
(EPEAT)
(Interim).
II..................... Contracts with 2006-019 Woodson.
Religious
Entities.
III.................... Performance-Based 2005-016 Murphy.
Payments.
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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 2005-23 amends the FAR as specified below:
Item I--Electronic Products Environmental Assessment Tool (EPEAT) (FAR
Case 2006-030) (Interim)
This interim rule amends the Federal Acquisition Regulation (FAR)
to require use of the Electronic Products Environmental Assessment Tool
(EPEAT) when acquiring personal computer products such as desktops,
notebooks (also known as laptops), and monitors pursuant to the Energy
Policy Act of 2005 and Executive Order 13423, ``Strengthening Federal
Environmental, Energy, and Transportation Management.'' The interim
rule revises Subpart 23.7, and prescribes a new clause in 52.223 (also
included in 52.212-5 for acquisition of commercial items) in all
solicitations and contracts for the acquisition of personal computer
products, services that require furnishing of personal computer
products for use by the Government, and services for contractor
operation of Government-owned facilities.
Item II--Contracts With Religious Entities (FAR Case 2006-019)
This final rule adopts as final, without change, the interim rule
published in the Federal Register on March 22, 2007. The interim rule
amended the Federal Acquisition Regulation (FAR) Parts 22 and 52 to
implement Executive Order (E.O.) 11246, as amended, Equal Employment
Opportunity, to incorporate the exemption for religious entities
prescribed in E.O. 13279. Section 4 of E.O. 13279 amended Section 204
of E.O. 11246 to exempt religious corporations, associations,
educational institutions and societies from certain nondiscrimination
requirements. E.O. 11246, as amended, permits religious entities to
consider employment of individuals of a particular religion to perform
work connected with carrying on the entity's activities. Religious
entities are not exempt from other requirements of the executive order.
Item III--Performance-Based Payments (FAR Case 2005-016)
This final rule amends the Federal Acquisition Regulation to
increase the use of performance-based payments as the method of
contract financing on Federal Government contracts and improve the
efficiency of performance-based payments when used on these contracts.
These changes originated from recommendations submitted by the
Department of Defense Performance-Based Payments Working Group in their
March 8, 2005, report.
Dated: December 19, 2007.
Al Matera,
Director, Office of Acquisition Policy.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-23 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 2005-23 is
effective January 25, 2008, except for Items I and II which are
effective December 26, 2007.
Dated: December 19, 2007.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: December 19, 2007.
Molly A. Wilkinson,
Chief Acquisition Officer, Office of the Chief Acquisition Officer,
General Services Administration.
Dated: December 18, 2007.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. E7-24943 Filed 12-21-07; 8:45 am]
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