[Federal Register: April 22, 2008 (Volume 73, Number 78)]
[Rules and Regulations]
[Page 21771-21773]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22ap08-13]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1; and Parts 1, 2, 4, 12, 52 et al.
Federal Acquisition Regulations; Final Rule 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-2008-0003, Sequence 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-25; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final 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) 2005-25. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at 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 2005-25 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 2005-25
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Item Subject FAR case Analyst
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I.............. Federal Procurement Data System Reporting 2004-038 Woodson.
(Interim).
II............. Electronic Subcontracting Reporting System 2005-040 Cundiff.
(eSRS) (Interim).
III............ Revisions to the Defense Priorities and 2006-033 Davis.
Allocations System (DPAS).
IV............. Use of Products Containing Recovered 2005-039 Clark.
Materials in Service and Construction
Contracts.
V.............. Representations and Certifications - Tax 2006-011 Murphy.
Delinquencies.
VI............. Enhanced Access for Small Business........... 2006-031 Murphy.
VII............ Techical 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 2005-25 amends the FAR as specified below:
Item I--Federal Procurement Data System Reporting(FAR Case 2004-038)
(Interim)
This interim rule amends the Federal Acquisition Regulation (FAR)
Subpart 4.6 to revise the process for reporting contract actions to the
Federal Procurement Data System (FPDS). FPDS will allow agencies to
obtain Federal procurement reports as well as several workload reports
designed specifically for first-line supervisors. The use of the
Federal reports will alleviate the need for individual agencies to
collect, verify, and distribute statistics for a host of requirements
such as the Small Business Goaling Report (SBGR), the Performance-Based
Acquisition (PBA) report, the Central Contractor Registration (CCR),
and the Resource Conservation and Recovery Act (RCRA) report. The rule
provides questions and answers to facilitate the public's understanding
of the changes proposed in the interim for reporting contract actions
under FAR Subpart 4.6.
Item II--Electronic Subcontracting Reporting System (eSRS) (FAR Case
2005-040) (Interim)
This interim rule amends the Federal Acquisition Regulation to
require that small business subcontract reports be submitted using the
Electronic Subcontracting Reporting System (eSRS), rather than Standard
Form 294 - Subcontract Report for Individual Contracts and Standard
Form 295 - Summary Subcontract Report. The eSRS is a web-based system
managed by the Integrated Acquisition Environment. The eSRS is intended
to streamline the small business subcontracting program reporting
process and provide the data to agencies in a manner that will enable
them to more effectively manage the program.
Item III--Revisions to the Defense Priorities and Allocations System
(DPAS) (FAR Case 2006-033)
This final rule amends the language in the Federal Acquisition
Regulation (FAR) to reflect the President's delegation of the Defense
Production Act's priorities and allocations authorities in Executive
Order 12919, and the current provisions of the Defense Priorities and
Allocations System (DPAS) regulations of the Department of Commerce in
15 CFR Part 700.
FAR changes incorporated in parts 2, 11, 18, 52, and 53 benefit
both the Government and industry in the receiving of timely and proper
delivery of industrial resources. Contracting officers should take
notice of the changes in the FAR especially the changes to the Standard
Form (SF) 26, Award/Contract and SF 1447, Solicitation/Contract, and
use the revised SF 26 and SF 1447 that reflects the 15 CFR 700 citation
and 2008 edition date change.
Item IV--Use of Products Containing Recovered Materials in Service and
Construction Contracts (FAR Case 2005-039)
This final rule amends the Federal Acquisition Regulation (FAR) to
clarify language within the FAR regarding the use of products
containing recovered materials, pursuant to the Resource Conservation
and Recovery Act of 1976, and Executive Order 13101 ``Greening the
Government Through Waste Prevention, Recycling, and Federal
Acquisition.'' The rule also prescribes a new clause for use in service
or construction contracts, to ensure that contractors deliver and make
maximum use of products containing recovered material.
Item V--Representations and Certifications - Tax Delinquencies (FAR
Case 2006-011)
This final rule amends the Federal Acquisition Regulation (FAR) to
add conditions regarding refusal to pay delinquent Federal taxes to
standards of
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contractor responsibility, causes for suspension and debarment, and the
certifications regarding debarment, suspension, and proposed debarment.
The changes are intended to add clarity regarding the specific
circumstances under which tax delinquencies are so serious that
suspension or debarment should be considered. The changes originated in
response to a request from the Senate Permanent Subcommittee on
Investigations.
Item VI--Enhanced Access for Small Business (FAR Case 2006-031)
This final rule creates a different, higher dollar ceiling enabling
small businesses to use the small claims procedure for appealing a
contracting officer's final decision. Section 857 of the John Warner
National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-
364) changed the ceiling under the Contract Disputes Act from $50,000
or less to $150,000 or less for small businesses. The ceiling remains
at $50,000 or less for other types of businesses. The change to 41
U.S.C. 608 is a ceiling change only.
Item VII--Technical Amendment
An editorial change is made at FAR 1.603-1.
Dated: April 4, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-25 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 2005-25 is
effective April 22, 2008, except for Items IV, V, and VI which are
effective May 22, 2008.
Dated: April 10, 2008.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy, and Strategic
Sourcing.
Dated: April 7, 2008.
David A. Drabkin,
Acting Chief Acquisition Officer & Senior Procurement Executive, Office
of the Chief Acquisition Officer, U.S. General Services Administration.
Dated: April 3, 2008.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. E8-8402 Filed 4-21-08; 8:45 am]
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