[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Rules and Regulations]
[Page 27546]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11147]
[[Page 27545]]
Vol. 77
Thursday,
No. 91
May 10, 2012
Part II
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
Federal Register / Vol. 77, No. 91 / Thursday, May 10, 2012 / Rules
and Regulations
[[Page 27546]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2012-0080, Sequence 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-59; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim 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) 2005-59. 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 2005-59 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 2005-59
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Item Subject FAR Case Analyst
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I............. Prohibition on 2012-013 Jackson.
Contracting With
Inverted Domestic
Corporations.
II............ Free Trade 2012-012 Davis.
Agreement--Colombi
a.
III........... Revision of Cost 2012-003 Chambers.
Accounting
Standards
Threshold.
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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 numbers and subject set forth in the documents
following these item summaries. FAC 2005-59 amends the FAR as specified
below:
Item I--Prohibition on Contracting With Inverted Domestic Corporations
(FAR Case 2012-013) (Interim)
This interim rule implements section 738 of Division C of the
Consolidated Appropriations Act, 2012 (Pub. L. 112-74), which prohibits
the award of contracts using Fiscal Year 2012 appropriated funds to any
foreign incorporated entity that is treated as an inverted domestic
corporation or to any subsidiary of such an entity. This interim rule
extends an existing prohibition that applied to use of Fiscal Years
2008 through 2010 funds. Contracting officers are prohibited from
awarding contracts using appropriated funds to any foreign incorporated
entity that is treated as an inverted domestic corporation or to any
subsidiary of such entity, unless an exception applies. The exceptions
are at FAR 9.108-2. This rule is not expected to have an effect on
small business because this rule will only impact an offeror that is an
inverted domestic corporation and wants to do business with the
Government. Small business concerns are unlikely to have been
incorporated in the United States and then reincorporated in a tax
haven.
Item II--Free Trade Agreement--Colombia (FAR Case 2012-012)
This interim rule implements a new Free Trade Agreement with
Colombia (see the United States--Colombia Trade Promotion Agreement
Implementation Act (Pub. L. 112-42) (19 U.S.C. 3805 note)).
This Trade Promotion Agreement is a free trade agreement that
provides for mutually non-discriminatory treatment of eligible products
and services from Colombia. This interim rule is not expected to have a
significant economic impact on a substantial number of small entities.
Item III--Revision of Cost Accounting Standards Threshold (FAR Case
2012-003)
This final rule revises the cost accounting standards (CAS)
threshold in order to implement in the FAR a recent rule of the Cost
Accounting Standards Board and statutory requirements. The threshold
now equals the Truth in Negotiations Act (TINA) threshold, currently
$700,000. There is no impact on small businesses as they are exempt
from CAS pursuant to 48 CFR 9903.201-1(b).
Dated: May 3, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC) 2005-59 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 2005-59 is
effective May 10, 2012, except for Item II which is effective May 15,
2012.
Dated: May 3, 2012.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: May 2, 2012.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: May 3, 2012.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2012-11147 Filed 5-9-12; 8:45 am]
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