[Federal Register: November 12, 2008 (Volume 73, Number 219)]
[Rules and Regulations]
[Page 67093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr12no08-24]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2008-0003, Sequence 3]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-28; 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 of 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 the rule appearing in Federal
Acquisition Circular (FAC) 2005-28 which amends the FAR. An asterisk
(*) next to a rule indicates that a regulatory flexibility analysis has
been prepared. Interested parties may obtain further information
regarding this rule by referring to FAC 2005-28 which precedes this
document. These documents are also available via the Internet at http:/
/www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Laurieann Duarte, Regulatory
Secretariat, (202) 501-4225. For clarification of content, contact the
analyst whose name appears in the table below.
Rule Listed in FAC 2005-28
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Item Subject FAR case Analyst
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*I............. Contractor Business 2007-006 Woodson.
Ethics Compliance
Program and
Disclosure
Requirements.
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SUPPLEMENTARY INFORMATION: A summary of the FAR rule follows. For the
actual revisions and/or amendments to this FAR case, refer to FAR Case
2007-006.
FAC 2005-28 amends the FAR as specified below: Item I--Contractor
Business Ethics Compliance Program and Disclosure Requirements (FAR
Case 2007-006)
This final rule amends the Federal Acquisition Regulation to
amplify the requirements for a contractor code of business ethics and
conduct, an internal control system, and disclosure to the Government
of certain violations of criminal law, violations of the civil False
Claims Act, or significant overpayments. The rule provides for the
suspension or debarment of a contractor for knowing failure by a
principal to timely disclose, in writing, to the agency Office of the
Inspector General, with a copy to the contracting officer, certain
violations of criminal law, violations of the civil False Claims Act,
or significant overpayments. The final rule implements ``The Close the
Contractor Fraud Loophole Act,'' Public Law 110-252, Title VI, Chapter
1. The statute defines a covered contract to mean ``any contract in an
amount greater than $5,000,000 and more than 120 days in duration.''
The final rule also provides that the contractor's Internal Control
System shall be established within 90 days after contract award, unless
the Contracting Officer establishes a longer time period (See FAR
52.203-13(c)). The internal control system is not required for small
businesses or commercial item contracts.
Dated: November 5, 2008.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E8-26809 Filed 11-10-08; 8:45 am]
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