[Federal Register: March 19, 2010 (Volume 75, Number 53)]
[Rules and Regulations]
[Page 13411-13413]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19mr10-12]
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Part IV
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0076, Sequence 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-39; 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 (Councils) in this Federal
Acquisition Circular (FAC) 2005-39. 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 2005-39 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 2005-39
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Item Subject FAR case Analyst
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I.............. Extend Use of Simplified Acquisition 2009-035 Jackson.
Procedures for Certain Commercial Items.
II............. Clarification of Submission of Cost or 2008-012 Chambers.
Pricing Data on Non-Commercial Modifications
of Commercial Items.
III............ Use of Standard Form 26 - Award/Contract..... 2008-040 Jackson.
IV............. Enhanced Competition for Task- and Delivery- 2008-006 Clark.
Order Contracts-Section 843 of the Fiscal
Year 2008 National Defense Authorization Act.
V.............. Trade Agreements--Costa Rica, Oman, and Peru. 2008-036 Sakalos.
VI............. Payments Under Fixed-Price Architect-Engineer 2008-015 Neurauter.
Contracts.
VII............ Technical Amendment.......................... ....................... .......................
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR cases, refer to
the specific item number and subject set forth in the documents
following these item summaries.
FAC 2005-39 amends the FAR as specified below:
Item I--Extend Use of Simplified Acquisition Procedures for Certain
Commercial Items (FAR Case 2009-035)
This final rule amends the FAR to implement section 816 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010.
The rule extends for two more years the commercial items test program
in FAR subpart 13.5. The program was to expire January 1, 2010.
Item II--Clarification of Submission of Cost or Pricing Data on Non-
Commercial Modifications of Commercial Items (FAR Case 2008-012)
This final rule adopts, with minor changes, the interim rule
published in the Federal Register at 74 FR 11826 on March 19, 2009. The
interim rule amended the FAR to implement section 814 of the NDAA for
FY 2008. Section 814 requires the harmonization of the threshold for
cost or pricing data on non-commercial modifications of commercial
items with the Truth in Negotiations Act (TINA) threshold for cost or
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--Use of Standard Form 26 - Award/Contract (FAR Case 2008-040)
This final rule modifies the instructions for use of the Standard
Form 26, Award/Contract, at FAR subparts 15.5 and 53.2 to clarify that
block 18 of the form should not be used to award a negotiated
procurement. No change is made to existing policy or procedures.
Item IV--Enhanced Competition for Task- and Delivery-Order Contracts--
Section 843 of the Fiscal Year 2008 National Defense Authorization Act
(FAR Case 2008-006)
This final rule adopts, with changes, the interim rule published in
the Federal Register at 73 FR 54008 on September 17, 2008. The interim
rule amended FAR subpart 16.5 to implement section 843 of the NDAA for
FY 2008. The provisions of section 843 include (1) Limitation on single
award task- or delivery-order contracts greater than $100 million; (2)
Enhanced competition for task and delivery orders in excess of $5
million; and (3) Restriction on protests in connection with issuance or
proposed issuance of a task or delivery order except for a protest on
orders on the grounds that the order increases the scope, period, or
maximum value of the contract under which the order is issued, or a
protest of an order valued in excess of $10 million. Several changes
are made to the FAR as result of public comments on the interim rule.
FAR 16.503 is amended to clarify that a requirements contract is
awarded to one contractor. FAR 16.504(c)(1)(ii)(D)(3) is amended to
clarify that the agency-head determination to award a single-award
task- or delivery-order contract over $100 million does not apply to an
architect-engineer task- or delivery-order contract awarded pursuant to
FAR subpart 36.6. The Councils also revised FAR 16.504(c)(1)(ii)(D)(3)
to state that the requirement for a determination for a single-award
contract greater than $100 million is in addition to any applicable
requirements of FAR subpart 6.3. This change is made to clarify that
the determination for a single award task- or delivery-order contract
greater than $100 million is required in addition to the Justification
and Approval (J&A) required by FAR subpart 6.3 when a procurement will
be
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conducted as other than full and open competition.
Item V--Trade Agreements--Costa Rica, Oman, and Peru (FAR Case 2008-
036)
The Councils have adopted as final, without change, an interim rule
published in the Federal Register at 74 FR 28426 on June 15, 2009,
amending the FAR to implement the Dominican Republic--Central America--
United States Free Trade Agreement with respect to Costa Rica, the
United States-Oman Free Trade Agreement, and the United States-Peru
Trade Promotion Agreement.
This final rule allows contracting officers to purchase the goods
and services of Costa Rica, Oman, and Peru without application of the
Buy American Act if the acquisition is subject to the applicable trade
agreements.
Item VI--Payments Under Fixed-Price Architect-Engineer Contracts (FAR
Case 2008-015)
This rule amends FAR 52.232-10, Payments under Fixed-Price
Architect-Engineer Contracts, to revise and clarify the retainage
requirements. The contracting officer can withhold up to 10 percent of
the payment due in any billing period when the contracting officer
determines that such a withholding is necessary to protect the
Government's interest and ensure satisfactory completion of the
contract. However, withholding the entire 10 percent is not required,
and no withholding is required if the contractor's performance has been
satisfactory. The changes clarify that retainage is optional and any
amounts retained should not be held over beyond the satisfactory
completion of the instant contract.
Item VII--Technical Amendment
An editorial change has been made at FAR 14.202-4(a)(3).
Dated: March 15, 2010.
Al Matera,
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-39 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 2005-39 is
effective March 19, 2010, except for Items III, IV, and VI, which are
effective April 19, 2010.
Dated: March 12, 2010.
Linda W. Neilson,
Deputy Director, Defense Procurement and Acquisition Policy (Defense
Acquisition Regulations System).
Dated: March 11, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of Acquisition Policy, U.S.
General Services Administration.
Dated: March 8, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2010-5984 Filed 3-18-10; 8:45 am]
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