[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Rules and Regulations]
[Page 31555-31556]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy09-13]
[[Page 31555]]
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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, Parts 2, 4, et al.
Federal Acquisition Regulation; Federal Acquisition Circular 2005-34;
Introduction; FAR Cases 2006-022, 2008-009, 2008-028; Federal
Acquisition Regulation; Federal Acquisition Circular 2005-32; Small
Entity Compliance Guide; Final Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2009-0001, Sequence 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-34; 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) 2005-34. 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 2005-34 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 2005-34
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Item Subject FAR case Analyst
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I.............. Contractor Performance Information........... 2006-022 Parnell.
II............. Prohibition on Contracting with Inverted 2008-009 Murphy.
Domestic Corporations (Interim).
III............ Role of Interagency Committee on Debarment 2008-028 Loeb.
and Suspension.
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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 2005-34 amends the FAR as specified below:
Item I--Contractor Performance Information (FAR Case 2006-022)
This final rule amends the FAR to revise the contractor performance
information process. The FAR revisions include changes to FAR Parts 2,
8, 9, 13, 17, 36, 42, and 53. The purpose of this final rule is to
ensure that the FAR clearly reflects the use of the Governmentwide
performance information repository, Past Performance Information
Retrieval System (PPIRS) at http://www.ppirs.gov; requires the
evaluation of past performance for orders exceeding the simplified
acquisition threshold placed against Federal Supply Schedule contracts,
or under a task order or delivery order against a contract awarded by
another Federal agency (i.e. Governmentwide acquisition contract or
multi-agency contract); recommends past performance information for
orders under single agency contracts; consolidates the collection of
past performance guidance in Part 42; and, clarifies that the Agency
shall identify those responsible for preparing interim and final
evaluations.
Item II--Prohibition on Contracting with Inverted Domestic Corporations
(FAR Case 2008-009) (Interim)
This interim rule implements Section 743 of Division D of the
Omnibus Appropriations Act, 2009 (Public Law 111-8), which prohibits
the award of contracts using appropriated funds to any foreign
incorporated entity that is treated as an inverted domestic corporation
or to any subsidiary of one. The interim rule addresses solicitations
issued after the date of publication using funds appropriated in Fiscal
Years 2006, 2007, and 2008, as well.
Item III--Role of Interagency Committee on Debarment and Suspension
(FAR Case 2008-028)
This final rule amends Federal Acquisition Regulation Subpart 9.4
to clarify the role of the Interagency Committee on Debarment and
Suspension when more than one agency has an interest in the debarment
or suspension of a contractor. Among other responsibilities, the
Interagency Committee on Debarment and Suspension is authorized to
resolve issues regarding the agency that will have lead responsibility
in initiating a suspension or debarment proceeding. The Committee will
also coordinate actions among interested agencies with respect to such
action. This rule implements the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009, Section 873(a)(1) and (2).
Dated: June 25, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-34 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 2005-34 is
effective July 1, 2009 except for Item III, which is effective July 31,
2009.
Dated: June 20, 2009.
Shay D. Assad,
Director of Defense Procurement and Acquisition Policy.
Dated: June 23, 2009.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of the Chief Acquisition
Officer, U.S. General Services Administration.
Dated: June 24, 2009.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. E9-15437 Filed 6-30-09; 8:45 am]
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