[Federal Register: March 19, 2009 (Volume 74, Number 52)]
[Rules and Regulations]
[Page 11833-11834]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr09-23]
[[Page 11833]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2009-0002, Sequence 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-31; 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 rules appearing in Federal
Acquisition Circular (FAC) 2005-31 which amend the FAR. An asterisk (*)
next to a rule indicates that a regulatory flexibility analysis has
been prepared. Interested parties may obtain further information
regarding these rules by referring to FAC 2005-31, which precedes this
document. These documents are also available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Ms. Hada Flowers, Regulatory
Secretariat, (202) 208-7282. For clarification of content, contact the
analyst whose name appears in the table below.
List of Rules in FAC 2005-31
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Item Subject FAR case Analyst
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*I............. Small Business Size Rerepresentation......... 2006-032 Cundiff
II............. Clarification of Submission of Cost or 2008-012 Chambers
Pricing Data on Non-Commercial Modifications
of Commercial Items (Interim).
III............ Amendments to Incorporate New Wage 2008-014 Woodson
Determinations.
IV............. Least Developed Countries that are Designated 2008-021 Murphy
Countries.
V.............. Federal Food Donation Act of 2008 (Interim).. 2008-017 Jackson
VI............. Technical Amendments......................... ....................... .......................
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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 2005-31 amends the FAR as specified below:
Item I--Small Business Size Rerepresentation (FAR Case 2006-032)
This rule amends the Federal Acquisition Regulation (FAR) to adopt
as final, with changes, an interim FAR rule published in the Federal
Register at 72 FR 36852, July 5, 2007, amending the FAR to implement
the Small Business Administration's (SBA) final rule published on
November 15, 2006 (71 FR 66434), entitled Small Business Size
Regulations; Size for Purposes of Governmentwide Acquisition Contracts,
Multiple Award Schedule Contracts and Other Long-Term Contracts; 8(a)
Business Development/Small Disadvantaged Business; Business Status
Determinations. The purpose of the SBA rule and this FAR rule is to
improve the accuracy of small business size status reporting, at the
prime contract level, over the life of certain contracts (long-term
contracts, novations, acquisitions, and mergers). Contractors are
required to rerepresent their size status prior to the end of the fifth
year of a contract that is more than five years in duration (long-term
contract); prior to exercising any option thereafter; following
execution of a novation agreement on any contract; or following a
merger or acquisition, regardless of whether there is a novation
agreement. A change in the size status does not change the terms and
conditions of the contract, but the agency may no longer include the
value of options exercised or orders issued against the contract in its
small business prime contracting goal achievements.
Item II--Clarification of Submission of Cost or Pricing Data on Non-
Commercial Modifications of Commercial Items (FAR Case 2008-012)
(Interim)
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) are issuing an interim final rule
amending the Federal Acquisition Regulation (FAR) to harmonize the
thresholds for cost or pricing data on non-commercial modifications of
commercial items to reflect the Truth In Negotiation Act (TINA)
threshold for cost and pricing data.
The Councils are hereby implementing a requirement of the National
Defense Authorization Act (NDAA) for FY 2008. Specifically, Section 814
of the Act requires the harmonization of the threshold for cost or
pricing data on non-commercial modifications of commercial items with
the TINA threshold for cost and pricing data. By linking the threshold
for cost or pricing data on non-commercial modifications of commercial
items with the TINA threshold at FAR 15.403-4, whenever the TINA
threshold is adjusted the threshold for cost or pricing data on non-
commercial modifications of commercial items will be automatically
adjusted as well.
Item III--Amendments to Incorporate New Wage Determinations(FAR Case
2008-014)
The final rule amends the Federal Acquisition (FAR) to correct an
inconsistency between FAR 15.206(c) and 22.404-5(c)(3), by revising the
language at 22.404-5(c). This change requires the contracting officer
to amend solicitations to incorporate new Davis Bacon wage
determinations (WD) and furnish the wage rate information only to all
offerors that have not been eliminated from the competition, if the
closing date for receipt of offers has already passed. The revision is
necessary to ensure consistency with FAR 15.206(c), and eliminate a
possible scenario where incorporation of an updated WD into the
solicitation process, could cause an unnecessary and counterproductive
reevaluation of proposals already eliminated from competition. This
change is consistent with the intent of the Department of Labor
regulations, ensuring that the most current WD is placed in the
contract at the time of award for
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compliance at the start of contract performance.
Item IV--Least Developed Countries that are Designated Countries (FAR
Case 2008-021)
This final rule amends the Federal Acquisition Regulation (FAR) to
revise the definition of designated country, adding Liberia and
removing Cape Verde. Least Developed Countries form a subset of
designated countries. The list of Least Developed Countries is derived
from a United Nations list of Least Developed Countries. The United
States Trade Representative has updated the list of Least Developed
Countries that are treated as designated countries. In acquisitions
that are covered by the World Trade Organization Government Procurement
Agreement, contracting officers must acquire only U.S.-made or
designated country end products, or U.S. or designated-country
services, unless offers of such end products or services are not
received or are insufficient to fulfill the requirement (FAR
25.403(c)).
Item V--Federal Food Donation Act of 2008 (Pub. L. 110-247) (FAR Case
2008-017) (Interim)
This interim rule amends the Federal Acquisition Regulation (FAR)
Parts 26, 31, and 52 to encourage executive agencies and their
contractors to donate apparently wholesome excess food to nonprofit
organizations that provide assistance to food-insecure people in the
United States. This change implements the Federal Food Donation Act of
2008 (Pub. L. 110-247) which encourages executive agencies and their
contractors, in contracts for the provision, service, or sale of food
to encourage the contractors, to the maximum extent practicable and
safe, to donate apparently wholesome excess food to nonprofit
organizations that provide assistance to food-insecure people in the
United States. The rule is effective for all solicitations and
contracts greater than $25,000 for the provision, service, or sale of
food in the United States issued on or after the effective date of the
rule.
Item VI--Technical Amendments
Editorial changes are made at FAR 3.503-2, 47.103-1, and 52.225-11.
Dated: March 13, 2009.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E9-5993 Filed 3-18-09; 8:45 am]
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