[Federal Register Volume 71, Number 1 (Tuesday, January 3, 2006)]
[Rules and Regulations]
[Pages 226-227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-24556]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAC 2005-07; FAR Case 2005-006; Item X]
RIN 9000-AK38


Federal Acquisition Regulation; Annual Representations and 
Certifications - NAICS Code/Size

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 modify the 
provision regarding Annual Representations and Certifications to 
include a section whereby the contracting officer can insert the 
appropriate North American Industry Classification System (NAICS) code 
and small business size standard for the procurement. Its exclusion in 
the original drafting of the subject provision was an oversight. When 
the FAR provision is included in a solicitation, the provision 
regarding Small Business Program Representations, where this 
information is normally placed, is not included. Without this change, 
there is no standard way in which the NAICS code and small business 
size standard can be communicated to the vendor.

DATES: Effective Date: January 3, 2006.

[[Page 227]]


FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Gerald Zaffos at (202) 208-6091. The TTY Federal Relay Number for 
further information is 1-800-877-8973. Please cite FAC 2005-07, FAR 
case 2005-006. For information pertaining to status or publication 
schedules, contact the FAR Secretariat at (202) 501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    The final rule amends the Federal Acquisition Regulation by 
modifying the provision at FAR 52.204-8 to include a new paragraph (a) 
that replicates the same paragraph of the provision at FAR 52.219-1(a).
    Federal Acquisition Circular (FAC) 2001-026 made effective the use 
of the provision at FAR 52.204-8 for most procurements. The 
prescription for its use also directs that the provision at FAR 52.219-
1(a) not be included in solicitations, as it is now included in the 
Online Representations and Certifications Application (ORCA). The FAR 
provision at 52.219-1(a), when it is included in solicitations, is the 
place wherein the contracting officer includes the NAICS code and small 
business size standard applicable to the procurement. There needs to be 
a similar paragraph available in FAR 52.204-8, the exclusion of which 
was an oversight in FAC 2001-026.
    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 Part 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 2005-07, FAR case 
2005-006), 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 Part 52

    Government procurement.

    Dated: December 22, 2005.
Gerald Zaffos,
Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 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).
0
2. Amend section 52.204-8 by--
0
a. Revising the date of the provision;
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b. Redesignating paragraphs (a) and (b) as paragraphs (b) and (c), 
respectively;
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c. Adding a new paragraph (a); and
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d. Removing from newly designated paragraph (b)(1) and the introductory 
text of paragraph (b)(2) ``paragraph (b)'' and adding ``paragraph (c)'' 
in its place; and removing from newly redesignated (b)(2)(i) and 
(b)(2)(ii) ``Paragraph (b)'' and adding ``Paragraph (c)'' in its place.
0
The revised and added text reads as follows:


52.204-8  Annual Representations and Certifications.

* * * * *

ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)

    (a)(1) The North American Industry Classification System (NAICS) 
code for this acquisition is -------------- [insert NAICS code].
    (2) The small business size standard is -------------- [insert size 
standard].
    (3) The small business size standard for a concern which submits an 
offer in its own name, other than on a construction or service 
contract, but which proposes to furnish a product which it did not 
itself manufacture, is 500 employees.
* * * * *
[FR Doc. 05-24556 Filed 12-30-05; 8:45 am]
BILLING CODE 6820-EP-S