[Federal Register: February 28, 2008 (Volume 73, Number 40)]
[Rules and Regulations]
[Page 10941-10943]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28fe08-16]
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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 CFR Parts 1, 2, 3, et al.
Federal Acquisition Regulation; 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 10]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-24; 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) 2005-24. 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 2005-24 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 2005-24
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Item Subject FAR case Analyst
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I............. Contractor Personnel in 2005-011 Woodson.
a Designated
Operational Area or
Supporting a
Diplomatic or Consular
Mission.
II............ Numbered Notes for 2006-016 Woodson.
Synopses.
III........... Trade Agreements--New 2007-016 Murphy.
Thresholds (Interim).
IV............ New Designated 2006-028 Murphy.
Countries--Dominican
Republic, Bulgaria,
and Romania.
V............. FAR Part 30--CAS 2005-027 Loeb.
Administration.
VI............ Common Security 2007-004 Davis.
Configurations.
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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 2005-24 amends the FAR as specified below:
Item I--Contractor Personnel in a Designated Operational Area or
Supporting a Diplomatic or Consular Mission (FAR Case 2005-011)
This final FAR rule addresses the issues of contractor personnel
that are providing support to the mission of the United States
Government in a designated operational area or supporting a diplomatic
or consular mission outside the United States, but are not authorized
to accompany the U.S. Armed Forces. This final FAR rule clarifies that
contractor personnel are only authorized to use deadly force in self-
defense or in the performance of security functions, when use of such
force reasonably appears necessary to execute their security mission.
The purpose and effect of the rule is to relieve the perceived burden
on contractors operating without consistent guidance or a standardized
clause in a contingency operation or otherwise risky environment.
Item II--Numbered Notes for Synopses (FAR Case 2006-016)
This final rule amends the Federal Acquisition Regulation (FAR) to
update and clarify policy for synopses of proposed contract actions and
to delete all references to Numbered Notes (Notes) in the FAR and
Federal Business Opportunities (FedBizOpps) electronic publication. The
prescriptions for Numbered Notes were deleted from the FAR in a former
FAR case and transitioned from the Commerce Business Daily to
FedBizOpps actions. This transition resulted in other synopses-related
changes that were not captured in the associated FAR language revision.
Additionally, the transition to the electronic FedBizOpps publication
for solicitation and other announcements rendered these Notes obsolete
or outdated.
Item III--Trade Agreements--New Thresholds (FAR Case 2007-016)
(Interim)
This interim rule adjusts the thresholds for application of the
World Trade Organization Government Procurement Agreement and the other
Free Trade Agreements as determined by the United States Trade
Representative, according to a formula set forth in the agreements.
Item IV--New Designated Countries--Dominican Republic, Bulgaria, and
Romania (FAR Case 2006-028)
This final rule converts, without change, the interim rule
published in the Federal Register at 72 FR 46357, August 17, 2007. No
comments were received in response to the interim rule. The effective
date of the rule was August 17, 2007. The interim rule allowed
contracting officers to purchase the goods and services of the
Dominican Republic without application of the Buy American Act if the
acquisition is subject to the Free Trade Agreements. The threshold for
applicability of the Dominican Republic-Central America-United States
Free Trade Agreement is $67,826 for supplies and services (the same as
other Free Trade Agreements to date except Morocco, Bahrain, Israel,
and Canada) and $7,443,000 for construction (the same as all other Free
Trade Agreements to date except NAFTA and Bahrain). The interim rule
also added Bulgaria and Romania to the list of World Trade Organization
Government Procurement Agreement countries wherever it appears.
Item V--FAR Part 30--CAS Administration (FAR Case 2005-027)
This final rule amending the Federal Acquisition Regulation (FAR)
to implement revisions to the regulations related to the administration
of the Cost Accounting Standards (CAS). Among other changes, the final
rule streamlines
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the process for submitting, negotiating, and resolving cost impacts
resulting from a change in cost accounting practice or noncompliance
with stated practices.
Item VI--Common Security Configurations (FAR Case 2007-004)
This final rule amends the Federal Acquisition Regulation to
require agencies to include common security configurations in new
information technology acquisitions, as appropriate. The revision
reduces risks associated with security threats and vulnerabilities and
will ensure public confidence in the confidentiality, integrity, and
availability of Government information. This final rule requires agency
contracting officers to consult with the requiring official to ensure
the proper standards are incorporated in their requirements.
Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-24 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 2005-24 is
effective February 28, 2008, except for Items I, II, V, and VI which
are effective March 31, 2008.
Dated: February 14, 2008.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: February 19, 2008.
David A. Drabkin,
Acting Chief Acquisition Officer & Senior Procurement Executive, Office
of the Chief Acquisition Officer, U.S. General Services Administration.
Dated: February 13, 2008.
James A. Balinskas,
Acting Assistant Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. E8-3375 Filed 2-27-08; 8:45 am]
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