[Federal Register Volume 70, Number 189 (Friday, September 30, 2005)]
[Rules and Regulations]
[Page 57457]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-19472]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 6 and 13

[FAC 2005-06; FAR Case 2004-037; Item V]
RIN 9000-AK12


Federal Acquisition Regulation; Increased Justification and 
Approval Threshold for DOD, NASA, and Coast Guard

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 to convert the 
interim rule published in the Federal Register at 70 FR 11739, March 9, 
2005, to a final rule with minor changes. The rule amended the Federal 
Acquisition Regulation (FAR) to increase the justification and approval 
thresholds for DoD, NASA, and the U.S. Coast Guard. The FAR revision 
implemented Section 815 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005 which amended 10 U.S.C. 
2304(f)(1)(B) by striking $50,000,000 both places it appears and 
inserting $75,000,000. In addition, corresponding language in the FAR 
is also changed to reflect these higher thresholds for DoD, NASA, and 
the Coast Guard.

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. Michael Jackson, Procurement 
Analyst, at (202) 208-4949. Please cite FAC 2005-06, FAR case 2004-037.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule implemented Section 815 of the Ronald W. Reagan National 
Defense Authorization Act for Fiscal Year 2005, Public Law 108-375, 
which amended 10 U.S.C. 2304(f)(1)(B) by striking $50,000,000 and 
inserting $75,000,000.
    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 70 FR 11739, March 9, 2005, with a request for comments by 
May 9, 2005. No comments were received. This final rule converts the 
interim rule with a minor change, making corresponding changes to FAR 
13.501.
    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 Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not 
impose any costs on either small or large businesses.

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 6 and 13

    Government procurement.

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

Interim Rule Adopted as Final with Changes

0
Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48 CFR 
part 6, which was published in the Federal Register at 70 FR 11739, 
March 9, 2005, as a final rule with the following changes:

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

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1. The authority citation for 48 CFR part 13 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).
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2. Amend section 13.501 by revising the first sentences of paragraphs 
(a)(2)(iii) and (a)(2)(iv) to read as follows:


13.501   Special documentation requirements.

    (a) * * *
    (2) * * *
    (iii) For a proposed contract exceeding $10,000,000 but not 
exceeding $50,000,000 or, for DoD, NASA, and the Coast Guard, not 
exceeding $75,000,000, the head of the procuring activity or the 
official described in 6.304(a)(3) or (a)(4) must approve the 
justification and approval. * * *
    (iv) For a proposed contract exceeding $50,000,000 or, for DoD, 
NASA, and the Coast Guard, $75,000,000, the official described in 
6.304(a)(4) must approve the justification and approval. * * *
* * * * *
[FR Doc. 05-19472 Filed 9-29-05; 8:45 am]
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