[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Rules and Regulations]
[Page 31565-31566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01jy09-17]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2009-0002, Sequence 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-32; 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) 2005-34 which amend the FAR. Interested
parties may obtain further information regarding these rules by
referring to FAC 2005-34 which precedes this document. These documents
are also available via the Internet at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Hada Flowers, FAR Secretariat, (202)
208-7282. For clarification of content, contact the analyst whose name
appears in the table below.
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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[[Page 31566]]
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.
[FR Doc. E9-15430 Filed 6-30-09; 8:45 am]
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