[Federal Register: July 2, 2010 (Volume 75, Number 127)]
[Rules and Regulations]
[Page 38673-38675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02jy10-17]
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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
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 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-43; 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) 2005-43. 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 2005-43 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.
List of Rules in FAC 2005-43
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Item Subject FAR Case Analyst
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I.......... Government Property.... 2008-011 Parnell
II......... Registry of Disaster 2008-035 Gary
Response Contractors.
III........ Recovery Act 2010-008 Morgan
Subcontract Reporting
Procedures (Interim).
IV......... Clarification of 2008-023 Cundiff
Criteria for Sole
Source Awards to
Service-disabled
Veteran-owned Small
Business Concerns.
V.......... Trade Agreements 2009-040 Davis
Thresholds (Interim).
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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 2005-43 amends the FAR as specified below:
Item I--Government Property (FAR Case 2008-011)
This final rule amends the FAR to revise FAR part 45 and its
associated clauses. Changes are being made to FAR parts 2, 4, 15, 32,
42, 45, and 52. These changes are to clarify and correct the previous
FAR rule for part 45, Government Property, published under Federal
Acquisition Circular 2005-17, FAR case 2004-025, May 15, 2007, (72 FR
27364). Minor changes are made to the proposed rule published August 6,
2009 (74 FR 39262).
The rule specifically impacts contracting officers, property
administrators, and contractors responsible for the management of
Government property. The rule does not affect the method of managing
Government property. The rule merely clarifies and corrects the
previous FAR rule.
Item II--Registry of Disaster Response Contractors (FAR Case 2008-035)
This final rule adopts, without change, the interim rule
implementing Public Law 109-295, the Department of Homeland Security
Appropriations Act, 2007, section 697, which requires the establishment
and maintenance of a registry of disaster response contractors. The
Disaster Response Registry is located at http://www.ccr.gov. The
Federal Emergency Management Agency (within the Department of Homeland
Security) has a link to the registry for vendors on its Web site at
http://www.fema.gov/business/contractor.shtm. The Registry covers
domestic disaster and emergency relief activities.
Item III--Recovery Act Subcontract Reporting Procedures (FAR Case 2010-
008) (Interim)
This interim rule amends the FAR to revise the clause at FAR
52.204-11, American Recovery and Reinvestment Act--Reporting
Requirements. The revised clause will require first-tier subcontractors
with Recovery Act funded awards of $25,000 or more, to report jobs
information to the prime contractor for reporting into
FederalReporting.gov. It also will require the prime contractor to
submit its first report on or before the 10th day after the end of the
calendar quarter in which the prime contractor received the award, and
quarterly thereafter.
The revised clause will be used for all new solicitations and
awards issued on or after the effective date of this interim rule. This
clause is not required for any existing contracts, or task and delivery
orders issued under a contract, that contain the original clause FAR
52.204-11 (March 2009). Therefore, this interim rule does not require
renegotiation of existing Recovery Act contracts that include the
clause dated March 2009.
Item IV--Clarification of Criteria for Sole Source Awards to Service-
Disabled Veteran-Owned Small Business Concerns (FAR Case 2008-023)
This final rule amends FAR 19.1406(a) to clarify the criteria that
need to be met in order to conduct a sole source service-disabled
veteran-owned small business (SDVOSB) concern acquisition. The FAR
language is amended to be consistent with the Veterans Benefit Act of
2003 (15 U.S.C. 657f) and the Small Business Administration's
regulation (13 CFR 125.20) that implements the Act. This final rule
also amends FAR 19.1306(a) to clarify the criteria that need to be met
in order to conduct a sole source for Historically Underutilized
Business Zone (HUBZone) small business concern acquisitions. These
amendments to the FAR alleviate confusion for contracting officers on
the appropriate use of the criteria needed to conduct sole source
HUBZONE small business and SDVOSB concern acquisitions.
Item V--Trade Agreements Thresholds (FAR Case 2009-040) (Interim)
This interim rule adjusts the thresholds for application of the
World
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Trade Organization Government Procurement Agreement and the free trade
agreements as determined by the United States Trade Representative,
according to a pre-determined formula under the agreements.
Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-43 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 2005-43 is
effective July 2, 2010, except for Items I, II, and IV which are
effective August 2, 2010.
Dated: June 24, 2010.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: June 24, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of Acquisition Policy, U.S.
General Services Administration.
Dated: June 23, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2010-15913 Filed 7-1-10; 8:45 am]
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