[Federal Register Volume 72, Number 215 (Wednesday, November 7, 2007)]
[Rules and Regulations]
[Pages 63025-63027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5476]



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Part IV





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1 and Parts 1, 2, et al.



Federal Aquisition Regulations; Interim Rules, Final Rules, and Small 
Entity Compliance Guide

Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / 
Rules and Regulations

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR-2007-0002, Sequence 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-21; Introduction

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

ACTION: Summary presentation of final and interim rules, and technical 
amendments.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 2005-21. A companion document, the Small Entity 
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, 
is available via the Internet at http://www.regulations.gov.

DATES: For effective dates and comment dates, see separate documents, 
which follow.

FOR FURTHER INFORMATION CONTACT The analyst whose name appears in the 
table below in relation to each FAR case. Please cite FAC 2005-21 and 
the specific FAR case number(s). For information pertaining to status 
or publication schedules, contact the FAR Secretariat at (202) 501-
4755.

                                          List of Rules in FAC 2005-21
----------------------------------------------------------------------------------------------------------------
      Item                          Subject                             FAR case                 Analyst
----------------------------------------------------------------------------------------------------------------
I..............  SAFETY Act: Implementation of DHS Regulations  2006-023                 Loeb.
                  (Interim).
II.............  Biobased Products Preference Program.........  2004-032                 Clark.
III............  FAR Part 27 Rewrite in Plain Language........  1999-402                 Woodson.
IV.............  Federal Computer Network (FACNET)              2006-015                 Woodson.
                  Architecture.
V..............  Exemption of Certain Service Contracts from    2001-004                 Woodson.
                  the Service Contract Act (SCA) (interim).
VI.............  Local Community Recovery Act of 2006           2006-014                 Clark.
                  (Interim).
VII............  Labor Standards for Contracts Containing       2007-001                 Woodson.
                  Construction Requirements-Contract Pricing
                  Method References.
VIII...........  Technical Amendments.........................  .......................  .......................
----------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments to these FAR cases, refer to the 
specific item number and subject set forth in the documents following 
these item summaries.
    FAC 2005-21 amends the FAR as specified below:

Item I--SAFETY Act: Implementation of DHS Regulations (FAR Case 2006-
023) (Interim)

    This interim rule implements the SAFETY Act in the FAR. The SAFETY 
Act provides incentives for the development and deployment of anti-
terrorism technologies by creating a system of ``risk management'' and 
a system of ``litigation management.'' The purpose of the SAFETY Act is 
to ensure that the threat of liability does not deter potential 
manufacturers or sellers of antiterrorism technologies from developing, 
deploying, and commercializing technologies that could save lives. 
Examples of Qualified Anti-Terrorism Technologies (QATT) identified by 
DHS include--
     Vulnerability assessment and countermeasure and counter-
terrorism planning tools;
     First responder interoperability solution;
     Marine traffic management system;
     Security services, guidelines, systems, and standards;
     Vehicle and cargo inspection system;
     X-ray inspection system;
     Trace explosives detection systems and associated support 
services;
     Maintenance and repair of screening equipment;
     Risk assessment platform;
     Explosive and weapon detection equipment and services;
     Biological detection and filtration systems;
     Passenger screening services;
     Baggage screening services;
     Chemical, biological, or radiological agent release 
detectors;
     Vehicle barriers;
     First responder equipment; and
     Architectural and engineering ``hardening'' products and 
services.

Item II--Biobased Products Preference Program (FAR Case 2004-032)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
implement 7 U.S.C. 8102 as enacted by section 9002 of the Farm Security 
and Rural Investment Act of 2002 (FSRIA), as amended by Sections 205 
and 943 of the Energy Policy Act of 2005. Entitled Federal Procurement 
of Biobased Products, section 7 U.S.C. 8102 requires that a procurement 
preference be afforded biobased products within items designated by the 
Secretary of Agriculture. This program applies to acquisitions by 
Federal agencies using Federal funds for procurement, as well as 
Government contractors that use USDA-designated items in performance of 
a Government contract. It will provide increased opportunities for 
entities, both large and small, that manufacture or sell biobased 
products, while decreasing opportunities for businesses that 
manufacture or sell similar non-biobased products or provide components 
for the manufacturing of such products. A list of USDA-designated items 
is available at http://www.usda.gov/biopreferred.

Item III--FAR Part 27 Rewrite in Plain Language (FAR Case 1999-402)

    This final rule clarifies, streamlines, and updates text and 
clauses on Patents, Data, and Copyrights (FAR Part 27). This effort 
focused on rewriting the current FAR language into ``plain language,'' 
with the ultimate goal of making the policies and procedures more 
understandable to the reader. This rewrite was not intended to include 
substantive changes to Part 27 policies or procedures, except where 
necessary to comply with current statutory or regulatory requirements, 
or to resolve internal inconsistencies within FAR Part 27 and its 
associated clauses.

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Item IV--Federal Computer Network (FACNET) Architecture (FAR Case 2006-
015)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
remove FACNET references and provide the opportunity to recognize the 
evolution of alternative technologies, processes, etc. that Federal 
agencies are using and will use to satisfy their acquisition needs 
without removing the use of FACNET for Federal agencies that may use 
the system. Where necessary in the FAR, the term has been replaced with 
a more appropriate term that incorporates various electronic data 
interchange systems. The proposed rule published February 1, 2007 is 
adopted as final without change.

Item V--Exemption of Certain Service Contracts from the Service 
Contract Act (SCA) (2001-004) (Interim)

    This interim rule amends Federal Acquisition Regulation (FAR) Parts 
4, 15, 17, 22, and 52 to implement the U.S. Department of Labor's (DoL) 
final rule issued January 18, 2001 (66 FR 5327) amending the 
regulations at 29 CFR part 4 to exempt certain contracts for services 
meeting specific criteria from coverage under the Service Contract Act. 
This rule imposes the DoL criteria and does not utilize the term 
``commercial services.'' The rule incorporates slight revisions to the 
current exemption for consistency with the current DoL regulations and 
clarification of appropriate course of action for the contracting 
officer.

Item VI--Local Community Recovery Act of 2006 (FAR Case 2006-014) 
(Interim)

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (Councils) have agreed on a second interim rule 
amending the Federal Acquisition Regulation (FAR) to implement 
legislative amendments to the Stafford Act at 42 U.S.C. 5150.
    The first rule implemented The Local Community Recovery Act of 
2006, Pub.L. 109-218, which addressed set-asides for major disaster or 
emergency assistance acquisitions to businesses that reside or 
primarily do business in the geographic area affected by the disaster 
or emergency. This local area set-aside could be done along with a 
small business set-aside.
    After the first rule was published for comments in August, 2006, 
Congress further amended the same area of the Stafford Act in the 
Department of Homeland Security Appropriations Act, 2007, Public Law 
109-295. The amended statute contains requirements for transitioning 
work to local firms in the geographic area affected by the disaster or 
emergency and for justifications for expenditures to entities outside 
the major disaster or emergency area. This second interim rule 
encompasses all of these changes.

Item VII--Labor Standards for Contracts Containing Construction 
Requirements-Contract Pricing Method References (FAR Case 2007-001)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
revise references to published pricing sources available to the 
contracting officer in FAR 22.404-12(c)(2). The rule removes the 
reference to ``R.S. Means Cost Estimating System'' as a commercial 
source for pricing data. The revision will provide greater 
flexibilities for contracting officers when selecting sources of 
pricing data.

Item VIII--Technical Amendments

    Editorial changes are made at FAR 1.106, 25.003, 52.212-5, 52.219-
9, 52.225-5, 52.225-17, 53.213, 53.302-347, and 53.302-348 in order to 
update references.

    Dated: October 31, 2007.
Al Matera,
Director, Office of Acquisition Policy.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-21 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-21 is 
effective November 7, 2007, except for Items II, III, IV, and VII which 
are effective December 7, 2007.

    Dated: October 26, 2007.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.

    Dated: October 26, 2007.
Molly A. Wilkinson,
Chief Acquisition Officer, Office of Chief Acquisition Officer, General 
Services Administration.

    Dated: October 18, 2007.
Harold V. Jefferson,
Acting Assistant Administrator for Procurement, National Aeronautics 
and Space Administration.
[FR Doc. 07-5476 Filed 11-6-07; 8:45 am]
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