[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13769-13770]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04604]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2013-0078, Sequence 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-66; Small Entity Compliance Guide
AGENCY: 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 DOD, GSA,
and NASA. 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 the rule
appearing in Federal Acquisition Circular (FAC) 2005-66, which amends
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a
rule indicates that a regulatory flexibility analysis has been
prepared. Interested parties may obtain further information regarding
this rule by referring to FAC 2005-66, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.
DATES: February 28, 2013.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-66 and the FAR case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.
List of Rules in FAC 2005-66
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Item Subject FAR case Analyst
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* I.................................... Definition of Contingency 2013-003 Corrigan.
Operation (Interim).
* II................................... Changes to Time-and-Materials 2011-025 Jackson.
and Labor-Hour Contracts and
Orders.
III.................................... Extension of Authority for Use 2013-007 Jackson.
of Simplified Acquisition
Procedures for Certain
Commercial Items.
IV Technical Amendments..........
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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 subjects set forth in the documents
following these item summaries. FAC 2005-66 amends the FAR as specified
below:
Item I--Definition of Contingency Operation (FAR Case 2013-003)
(Interim)
This interim rule amends the definition of ``contingency
operation'' in FAR 2.101 to address the statutory change to the
definition made by paragraph (b) of section 515 of the National Defense
Authorization Act for Fiscal Year 2012 (Pub. L. 112-081). Expanding the
definition to include responding to a major disaster or emergency will
increase the circumstances under which agencies may raise the micro-
purchase and simplified acquisition thresholds. This may increase
opportunities for awarding contracts to small entities located at or
near a major disaster area or emergency activities.
Item II--Changes to Time-and-Materials and Labor-Hour Contracts and
Orders (FAR Case 2011-025)
This rule adopts as final a proposed rule implementing a policy
that provides additional guidance to address actions required when
raising the ceiling price for a time-and-materials (T&M) or labor-hour
(LH) contract or order or otherwise changing the general scope of a T&M
or LH contract or order. The rule provides guidance to contracting
officers to address this issue for the respective areas of the FAR
addressing T&M and LH contracts or orders, such as FAR sections 8.404,
12.207, and 16.601. This rule deals with the administration of T&M and
LH contracts and orders and will have no direct effect on contractors.
This rule will not affect how many small businesses are awarded this
type of contract.
Item III--Extension of Authority for Use of Simplified Acquisition
Procedures for Certain Commercial Items (FAR Case 2013-007)
This final rule amends the FAR to implement section 822 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013.
Section 822 extends the authority of the Commercial Item Test Program
at FAR subpart 13.5 to January 1, 2015. FAR subpart 13.5 authorizes as
a test program, the use of simplified procedures for the acquisition of
certain commercial items in amounts greater than the simplified
acquisition threshold, but not exceeding $6.5 million ($12 million for
acquisitions described in FAR 13.500(e)) including options, if the
contracting officer can reasonably expect that offers will include only
commercial items. This final rule extends the sunset date of the
authority at FAR 13.500(d) from January 1, 2012, to January 1, 2015.
[[Page 13770]]
Item IV--Technical Amendments
Editorial changes are made at FAR 5.601, 7.105, 10.002, and 52.229-
7.
Dated: February 20, 2013.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2013-04604 Filed 2-27-13; 8:45 am]
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