[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Pages 11764-11765]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4089]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1


Federal Acquisition Regulation; 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 for 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) 2005-01 which amend the FAR. An asterisk (*) 
next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding these rules by referring to FAC 2005-01 which precedes this 
document. These documents are also available via the Internet at http://www.acqnet.gov/far.

FOR FURTHER INFORMATION CONTACT:  Laurieann Duarte, FAR Secretariat, 
(202) 501-4225. For clarification of content, contact the analyst whose 
name appears in the table below.

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      Item                          Subject                             FAR case                 Analyst
----------------------------------------------------------------------------------------------------------------
I..............  Improvements in Contracting for Architect-     2004-001                 Jackson.
                  EngineerServices (Interim).
II.............  Increased Justification and Approval           2004-037                 Jackson.
                  Threshold for DoD, NASA, and Coast Guard
                  (Interim).
III............  Extension of Authority for Use of Simplified   2004-034                 Jackson.
                  Acquisition Procedures for Certain
                  Commercial Items, Test Program.
*IV............  Addition of Landscaping and Pest Control       2004-036                 Marshall.
                  Services to the Small Business
                  Competitiveness Demonstration Program
                  (Interim).
V..............  Nonavailable Articles--Policy................  2003-021                 Davis.
VI.............  Cost Accounting Standards Administration.....  1999-025                 R. C. Loeb.
VII............  Elimination of Certain Subcontract             2003-024                 Cundiff.
                  Notification Requirements (Interim).
VIII...........  Use of FAR Clause 52.244-6, Subcontracts for   2002-021                 Jackson.
                  Commercial Items.
IX.............  Technical Amendments.........................
----------------------------------------------------------------------------------------------------------------

Item I--Improvements in Contracting for Architect-Engineer Services 
(FAR Case 2004-001) (Interim)

    This interim rule is of particular interest to contracting officers 
who acquire architect-engineer services. It clarifies to contracting 
officers that architect-engineer services offered under multiple award 
schedule contracts or under Federal governmentwide task and delivery 
order contracts must--
     Be performed under the supervision of a licensed 
professional architect or engineer; and
     Be awarded in accordance with the quality-based selection 
procedures in FAR Subpart 36.6.
    In addition, the rule clarifies to contracting officers that task 
orders issued under an indefinite delivery contract must be issued 
using the procedures in FAR Subpart 36.6 if the services being acquired 
specify, substantially or to a dominant extent, the performance of 
architect-engineer services. This rule implements section 1427 of the 
Services Acquisition Reform Act of 2003 (Pub. L. 108-136).

Item II--Increased Justification and Approval Threshold for DoD, NASA, 
and Coast Guard (FAR Case 2004-037) (Interim)

    This interim rule amends the FAR by increasing the justification 
and approval thresholds for DoD, NASA, and the U.S. Coast Guard from 
$50,000,000 to $75,000,000. This change implements Section 815 of the 
Ronald W. Reagan National Defense Authorization Act for Fiscal Year 
2005, which amends 10 U.S.C. 2304(f)(1)(B) (Public Law 108-375). This 
reduces the administrative burden of approving a justification for 
other than full and open competition by allowing the head of the 
procuring activity in DoD, NASA, or the Coast Guard to approve 
justifications up to $75 million. In addition to this change, FAR 
6.304(a)(3)(ii) is corrected to replace the outdated GS-16 reference 
with ``a grade above GS-15.''

Item III--Extension of Authority for Use of Simplified Acquisition 
Procedures for Certain Commercial Items, Test Program (FAR Case 2004-
034)

    This final rule amends the Federal Acquisition Regulation (FAR) by 
extending until January 1, 2008, the timeframe in which an agency may 
use simplified procedures to purchase commercial items in amounts 
greater than the simplified acquisition threshold, but not exceeding 
$5,000,000 ($10,000,000 for acquisitions in support of a contingency 
operation or to facilitate the defense against or recovery from 
nuclear, biological, chemical, or radiological attack). This change

[[Page 11765]]

implements section 817 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005, which amended section 4202(e) 
of the Clinger-Cohen Act of 1996 (Public Law 104-106). The statute 
allows continued reduction of the burden on contracting officers and 
industry when acquiring commercial items or items treated as commercial 
items in accordance with 12.102(f)(1).

Item IV--Addition of Landscaping and Pest Control Services to the Small 
Business Competitiveness Demonstration Program (FAR Case 2004-036) 
(Interim)

    This interim rule amends Federal Acquisition Regulation (FAR) 
Subpart 19.10, Small Business Competitiveness Demonstration Program, to 
add two North American Industry Classification System (NAICS) codes, 
landscaping (561730) and pest control services (561710) to this 
program. This amendment implements Section 821 of the Ronald W. Reagan 
National Defense Authorization Act for Fiscal Year 2005, Public Law 
108-375, which amends Section 717 of the Small Business Competitiveness 
Demonstration Program Act of 1988 (15 U.S.C. 644 note). This rule 
provides unrestricted competition in acquisitions of landscaping and 
pest control services.

Item V--Nonavailable Articles--Policy (FAR Case 2003-021)

    This final rule addresses Congressional concerns regarding 
appropriate use of the list of domestically nonavailable items at FAR 
25.104(a). This final rule primarily impacts contracting officers who 
purchase items that are on the list, or items that contain an item on 
the list as a significant component. The final rule clarifies that 
being on the list does not mean that an item is completely nonavailable 
from U.S. sources, but that the item is not mined, produced, or 
manufactured in the United States in sufficient and reasonably 
available commercial quantities and of a satisfactory quality. 
Therefore, the final rule emphasizes the need to conduct market 
research, appropriate to the circumstances, for potential domestic 
sources, when acquiring an article on the list.

Item VI--Cost Accounting Standards Administration (FAR Case 1999-025)

    This final rule amends the FAR by revising Part 30, Cost Accounting 
Standards Administration, and the related contract clause at FAR 
52.230-6, Administration of Cost Accounting Standards. In addition, a 
new contract clause is added at FAR 52.230-7, Proposal Disclosure--Cost 
Accounting Practice Changes. The rule describes the process for 
determining and resolving the cost impact on contract and subcontracts 
when a contractor makes a compliant change to a cost accounting 
practice or follows a noncompliant practice. The case was initiated by 
OUSD(AT&L)DPAP to address the CAS cost-impact process. The rule is of 
particular importance to contracting officers and contractors who 
negotiate and administer CAS-covered contracts and subcontracts in 
accordance with FAR Part 30.

Item VII--Elimination of Certain Subcontract Notification Requirements 
(FAR Case 2003-024) (Interim)

    This interim rule affects contractors that have cost-reimbursement 
contracts with the Department of Defense, Coast Guard, or NASA. It 
amends FAR 44.201-2, Advance Notification Requirements, under cost-
reimbursement contracts so that contractors that maintain a purchasing 
system approved by the contracting officer for the contract do not have 
to notify the agency before the award of any--
     Cost-plus-fixed-fee subcontract; or
     Fixed-price subcontract that exceeds the greater of the 
simplified acquisition threshold or 5 percent of the total estimated 
cost of the contract.
    This rule implements section 842 of the National Defense 
Authorization Act for Fiscal Year 2004 (Public Law 108-136).

Item VIII--Use of FAR Clause 52.244-6, Subcontracts for Commercial 
Items (FAR Case 2002-021)

    This final rule revises FAR 44.403 by requiring the use of the 
clause at 52.244-6, Subcontracts for Commercial Items, in solicitations 
and contracts other than those for commercial items. The revised clause 
prescription clarifies to contracting officers who acquire construction 
that the clause is required in all solicitations and contracts other 
than those for commercial items, thereby clearly including construction 
contracts that are not for the acquisition of commercial items. This 
rule does not make any changes to existing OFPP guidance addressing the 
applicability of FAR Part 12 to construction acquisitions.

Item IX--Technical Amendments

    Editorial changes are made at FAR 28.203-3(d), 31.101, 42.203, and 
52.225-13(b) in order to update references.

    Dated: February 24, 2005.
Rodney P. Lantier,
Director, Contract Policy Division.
[FR Doc. 05-4089 Filed 3-8-05; 8:45 am]
BILLING CODE 6820-EP-S