[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Pages 57453-57455]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19470]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, and 
52

[FAC 2005-06; FAR Case 2005-010; Item III]
RIN 9000-AK27


Federal Acquisition Regulation; Title 40 of United States Code 
Reference Corrections

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to reflect the most 
recent codification of Title 40 of the United States Code.

DATES: Effective Date: September 30, 2005.

FOR FURTHER INFORMATION CONTACT The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Gerald Zaffos, Procurement 
Analyst, at (202) 208-6091. Please cite FAC 2005-06, FAR case 2005-010.

SUPPLEMENTARY INFORMATION:

A. Background

    Congress recently codified Title 40 of the United States Code. As a 
result, all sections of Title 40 were renumbered. This rule corrects 
the references to Title 40 in the FAR.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Parts 2, 4, 6, 7, 8, 
12, 13, 22, 28, 36, 37, 39, 41, 47, and 52 in accordance with 5 U.S.C. 
610. Interested parties must submit such comments separately and should 
cite 5 U.S.C. 601, et seq. (FAC 2005-06, FAR case 2005-010), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 
37, 39, 41, 47, and 52

    Government procurement.


[[Page 57454]]


    Dated: September 22, 2005.
Julia B. Wise,
Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 6, 7, 8, 12, 13, 
22, 28, 36, 37, 39, 41, 47, and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 4, 6, 7, 8, 12, 13, 22, 
28, 36, 37, 39, 41, 47, and 52 continues to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101 in paragraph (b) by revising paragraph (1) and 
the first sentence of paragraph (2) of the definition ``Governmentwide 
acquisition contract (GWAC)'', and the second sentence of the 
definition ``Multi-agency contract (MAC)'' to read as follows:


2.101   Definitions.

* * * * *
    (b) * * *
    Governmentwide acquisition contract (GWAC) * * *
    (1) By an executive agent designated by the Office of Management 
and Budget pursuant to 40 U.S.C. 11302(e); or
    (2) Under a delegation of procurement authority issued by the 
General Services Administration (GSA) prior to August 7, 1996, under 
authority granted GSA by former section 40 U.S.C. 759, repealed by Pub. 
L. 104-106. * * *
* * * * *
    Multi-agency contract (MAC) * * * Multi-agency contracts include 
contracts for information technology established pursuant to 40 U.S.C. 
11314(a)(2).
* * * * *

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.702 by revising the second sentence in paragraph (b) 
to read as follows:


4.702   Applicability.

* * * * *
    (b) * * * Apart from this exception, this subpart applies to record 
retention periods under contracts that are subject to Chapter 137, 
Title 10, U.S.C., or 40 U.S.C. 101, et seq.

PART 6--COMPETITION REQUIREMENTS


6.102   [Amended]

0
4. Amend section 6.102 in paragraph (d)(1) by removing ``Pub. L. 92-582 
(40 U.S.C. 541 et seq.)'' and adding ``40 U.S.C. 1102 et seq.'' in its 
place.

PART 7--ACQUISITION PLANNING


7.103  [Amended]

0
5. Amend section 7.103 in paragraph (t) by removing ``40 U.S.C. 1422'' 
and adding ``40 U.S.C. 11312'' in its place.


7.105  [Amended]

0
6. Amend section 7.105 in paragraph (b)(4)(ii)(A) by removing ``40 
U.S.C. 1422'' and adding ``40 U.S.C. 11312'' in its place.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES


8.001   [Amended]

0
7. Amend section 8.001 by removing ``40 U.S.C. 1422'' and adding ``40 
U.S.C. 11312'' in its place.

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.503   [Amended]

0
8. Amend section 12.503 in paragraph (b)(1) by removing ``40 U.S.C. 
327'' and adding ``40 U.S.C. 3701'' in its place.


12.504   [Amended]

0
9. Amend section 12.504 in paragraph (b) by removing ``40 U.S.C. 327, 
et seq.,'' and adding ``40 U.S.C. 3701 et seq.,'' in its place.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.005   [Amended]

0
10. Amend section 13.005 by--
    a. Removing from paragraph (a)(2) ``40 U.S.C. 270a'' and adding 
``40 U.S.C. 3131'' in its place; and
    b. Removing from paragraph (a)(3) ``40 U.S.C. 327-333'' and adding 
``40 U.S.C. 3701 et seq.'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.300   [Amended]

0
11. Amend section 22.300 by removing ``(40 U.S.C. 327-333)'' and adding 
``(40 U.S.C. 3701 et seq.)'' in its place.


22.304  [Amended]

0
12. Amend section 22.304 in paragraph (a) by removing ``40 U.S.C. 331'' 
and adding ``40 U.S.C. 3706'' in its place.


22.403-1  [Amended]

0
13. Amend section 22.403-1 by removing ``(40 U.S.C. 276a-276a-7)'' and 
adding ``(40 U.S.C. 3141 et seq.)'' in its place.


22.403--2  [Amended]

0
14. Amend section 22.403-2 by removing from the first sentence ``40 
U.S.C. 276c'' and adding ``40 U.S.C. 3145'' in its place.


22.403--3  [Amended]

0
15. Amend section 22.403-3 by removing ``(40 U.S.C. 327-333)'' and 
adding ``(40 U.S.C. 3701 et seq.)'' in its place.

PART 28--BONDS AND INSURANCE


28.102--1  [Amended]

0
16. Amend section 28.102-1 by--
    a. Removing from the introductory text of paragraph (a) ``(40 
U.S.C. 270a-270f)'' and adding ``(40 U.S.C. 3131 et seq.)'' in its 
place; and
    b. Removing from the introductory text of paragraph (b)(1) 
``Section 4104(b)(2) of the Federal Acquisition Streamlining Act of 
1994 (Public Law 103-355),'' and adding ``40 U.S.C. 3132,'' in its 
place.


28.106--6  [Amended]

0
17. Amend section 28.106-6 at the end of paragraph (c) by removing 
``(see 40 U.S.C. 270(c))'' and adding ``(see 40 U.S.C. 3133)'' in its 
place.

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


36.104  [Amended]

0
18. Amend section 36.104 by removing from the first sentence ``(40 
U.S.C. 541, et seq.)'' and adding ``(40 U.S.C. 1101 et seq.)'' in its 
place.
0
19. Amend section 36.601-1 by revising the parenthetical sentence at 
the end of the paragraph to read as follows:


36.601-1  Public announcement.

    * * * (See 40 U.S.C. 1101 et seq.

PART 37--SERVICE CONTRACTING


37.102  [Amended]

0
20. Amend section 37.102 in paragraph (a)(1)(i) by removing ``40 U.S.C. 
541-544'' and adding ``40 U.S.C. 1101 et seq.'' in its place.


37.202  [Amended]

0
21. Amend section 37.202 in paragraph (b) by removing ``(Section 901 of 
the Federal Property and Administrative Services Act of 1949, 40 U.S.C. 
541).'' and adding ``(40 U.S.C. 1102).'' in its place.


37.301  [Amended]

0
22. Amend section 37.301 in the first sentence by removing ``(40 U.S.C. 
276a-276a-7)'' and adding ``(40 U.S.C. 3141 et seq.)'' in its place.

[[Page 57455]]

37.302  [Amended]

0
23. Amend section 37.302 in the introductory text by removing ``(40 
U.S.C. 270a-270f)'' and adding ``(40 U.S.C. 3131 et seq.)'' in its 
place.

PART 39--ACQUISTION OF INFORMATION TECHNOLOGY


39.001  [Amended]

0
24. Amend section 39.001 in the second sentence by removing ``40 U.S.C. 
1412'' and adding ``40 U.S.C. 11302'' in its place.

PART 41--ACQUISTION OF UTILITY SERVICES


41.103  [Amended]

0
25. Amend section 41.103 by--
    a. Removing from paragraph (a)(1) in the first sentence ``section 
201 of the Federal Property and Administrative Services Act of 1949, as 
amended (40 U.S.C. 481),'' and from the third sentence ``section 201 of 
the Act'' and adding ``40 U.S.C. 501'' in both places; and
    b. Removing from paragraph (a)(2) ``40 U.S.C. 474(d)(3)'' and 
adding ``40 U.S.C. 113(e)(3)'' in its place.

PART 47--TRANSPORTATION


47.102  [Amended]

0
26. Amend section 47.102 in paragraph (a)(2) by removing ``(40 U.S.C. 
726)'' and adding ``(40 U.S.C. 17307)'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.212-4  [Amended]

0
27. Amend section 52.212-4 by--
    a. Revising the date of the clause to read ``(SEP 2005)''; and
    b. Removing from paragraph (r) of the clause ``40 U.S.C. 327'' and 
adding ``40 U.S.C. 3701'' in its place.


52.228-15  [Amended]

0
28. Amend section 52.228-15 by--
    a. Revising the date of the clause to read ``(SEP 2005)''; and
    b. Removing from the heading of paragraph (e) of the clause ``(40 
U.S.C. 270b(c)''; and adding ``(40 U.S.C. 3133(c))'' in its place.


52.232-27  [Amended]

0
29. Amend section 52.232-27 by--
    a. Revising the date of the clause to read ``(SEP 2005)''; and
    b. Removing from the introductory text of paragraph (f)(1) of the 
clause ``section 2 of the Act of August 24, 1935 (40 U.S.C. 270b, 
Miller Act),'' and adding ``the Miller Act (40 U.S.C. 3133),'' in its 
place.
[FR Doc. 05-19470 Filed 9-29-05; 8:45 am]
BILLING CODE 6820-EP-S