[Federal Register Volume 72, Number 159 (Friday, August 17, 2007)]
[Rules and Regulations]
[Page 46333]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-3794]



[[Page 46333]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 12, 14, and 15

[FAC 2005-19; FAR Case 2005-025; Item III; Docket 2006-0020; Sequence 
4]
RIN 9000-AK56


Federal Acquisition Regulation; FAR Case 2005-025; Online 
Representations and Certifications Application Archiving Capability

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 adopt the 
interim rule published in the Federal Register at 71 FR 57362, 
September 28, 2006, as a final rule without change. This final rule 
amends the Federal Acquisition Regulation (FAR) to address the record 
retention policy where the Online Representations and Certifications 
Application (ORCA) is used to submit an offeror's representations and 
certification.

DATES: Effective Date: August 17, 2007.

FOR FURTHER INFORMATION CONTACT:  Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-19, FAR case 
2005-025.

SUPPLEMENTARY INFORMATION:

A. Background

    DoD, GSA, and NASA published an interim rule with request for 
comments in the Federal Register at 71 FR 57362, September 28, 2006. 
This final rule amends the Federal Acquisition Regulation to address 
the record retention policy where the Online Representations and 
Certifications Application (ORCA) is used to submit an offeror's 
representations and certifications.
    The comment period closed November 27, 2006. One respondent 
submitted comments.
    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 addresses 
management of contract files and clarifies existing procedures and 
practices used by Government contracting officers in making contract 
award decisions. The rule does not impose new requirements that impose 
a burden on contractors. No comments were received with regard to an 
impact on small business.

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 4, 12, 14, and 15

    Government procurement.

    Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR parts 4, 12, 14, and 15 
which was published at 71 FR 57362 on September 28, 2006, is adopted as 
a final rule without change.
[FR Doc. 07-3794 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S