[Federal Register Volume 72, Number 128 (Thursday, July 5, 2007)]
[Rules and Regulations]
[Pages 36856-36857]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3278]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR-2007-002, Sequence 3]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-18; 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 of 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 the rule appearing in Federal 
Acquisition Circular (FAC) 2005-18 which amends the FAR. An asterisk 
(*) next to the rule indicates that a regulatory flexibility analysis 
has been prepared. Interested parties may obtain further information 
regarding this rule by referring to FAC 2005-18 which precedes this 
document. These documents are also available via the Internet at http://www.regulations.gov.

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.

[[Page 36857]]



                                           Rule listed in FAC 2005-18
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      Item                          Subject                             FAR case                 Analyst
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*I.............  Small Business Size Rerepresentation.........  2006-032                 Cundiff.
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Item I-Small Business Size Rerepresentation (FAR Case 2006-032)

    This interim rule amends the FAR to implement the Small Business 
Administration's (SBA) final rule published on November 15, 2006 (71 FR 
66434), entitled ``Small Business Size Regulations; Size for Purposes 
of Governmentwide Acquisition Contracts, Multiple Award Schedule 
Contracts and Other Long-Term Contracts; 8(a) Business Development/
Small Disadvantaged Business; Business Status Determinations.'' The 
purpose of the SBA rule and this FAR rule is to improve the accuracy of 
small business size status reporting, at the prime contract level, over 
the life of certain contracts (long-term contracts, contracts involving 
novations, acquisitions, and mergers). Contractors will be required to 
rerepresent their size status on contracts prior to the end of the 
fifth year of a contract that is more than five years in duration 
(long-term contract); prior to exercising any option thereafter; 
following execution of a novation agreement; or following a merger or 
acquisition of the contractor, regardless of whether there is a 
novation agreement. A change in the size status does not change the 
terms and conditions of the contract, but the agency may no longer 
include the value of options exercised or orders issued against the 
contract in its small business prime contracting goal achievements.

    Dated: June 29, 2007.
Michael Jackson,
Acting Director, Contract Policy Division.
[FR Doc. 07-3278 Filed 7-2-07; 11:18 am]
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