[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10942-10943]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-3375]



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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 CFR Parts 1, 2, 3, et al.



Federal Acquisition Regulation; Final Rules and Small Entity Compliance 
Guide

  Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / 
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 10]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-24; Introduction

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

ACTION: Summary presentation of rules.

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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) 2005-24. 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 2005-24 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the FAR Secretariat at (202) 501-4755.

                      List of Rules in FAC 2005-24
------------------------------------------------------------------------
     Item               Subject            FAR case         Analyst
------------------------------------------------------------------------
I.............  Contractor Personnel in     2005-011  Woodson.
                 a Designated
                 Operational Area or
                 Supporting a
                 Diplomatic or Consular
                 Mission.
II............  Numbered Notes for          2006-016  Woodson.
                 Synopses.
III...........  Trade Agreements--New       2007-016  Murphy.
                 Thresholds (Interim).
IV............  New Designated              2006-028  Murphy.
                 Countries--Dominican
                 Republic, Bulgaria,
                 and Romania.
V.............  FAR Part 30--CAS            2005-027  Loeb.
                 Administration.
VI............  Common Security             2007-004  Davis.
                 Configurations.
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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 2005-24 amends the FAR as specified below:

Item I--Contractor Personnel in a Designated Operational Area or 
Supporting a Diplomatic or Consular Mission (FAR Case 2005-011)

    This final FAR rule addresses the issues of contractor personnel 
that are providing support to the mission of the United States 
Government in a designated operational area or supporting a diplomatic 
or consular mission outside the United States, but are not authorized 
to accompany the U.S. Armed Forces. This final FAR rule clarifies that 
contractor personnel are only authorized to use deadly force in self-
defense or in the performance of security functions, when use of such 
force reasonably appears necessary to execute their security mission. 
The purpose and effect of the rule is to relieve the perceived burden 
on contractors operating without consistent guidance or a standardized 
clause in a contingency operation or otherwise risky environment.

Item II--Numbered Notes for Synopses (FAR Case 2006-016)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
update and clarify policy for synopses of proposed contract actions and 
to delete all references to Numbered Notes (Notes) in the FAR and 
Federal Business Opportunities (FedBizOpps) electronic publication. The 
prescriptions for Numbered Notes were deleted from the FAR in a former 
FAR case and transitioned from the Commerce Business Daily to 
FedBizOpps actions. This transition resulted in other synopses-related 
changes that were not captured in the associated FAR language revision. 
Additionally, the transition to the electronic FedBizOpps publication 
for solicitation and other announcements rendered these Notes obsolete 
or outdated.

Item III--Trade Agreements--New Thresholds (FAR Case 2007-016) 
(Interim)

    This interim rule adjusts the thresholds for application of the 
World Trade Organization Government Procurement Agreement and the other 
Free Trade Agreements as determined by the United States Trade 
Representative, according to a formula set forth in the agreements.

Item IV--New Designated Countries--Dominican Republic, Bulgaria, and 
Romania (FAR Case 2006-028)

    This final rule converts, without change, the interim rule 
published in the Federal Register at 72 FR 46357, August 17, 2007. No 
comments were received in response to the interim rule. The effective 
date of the rule was August 17, 2007. The interim rule allowed 
contracting officers to purchase the goods and services of the 
Dominican Republic without application of the Buy American Act if the 
acquisition is subject to the Free Trade Agreements. The threshold for 
applicability of the Dominican Republic-Central America-United States 
Free Trade Agreement is $67,826 for supplies and services (the same as 
other Free Trade Agreements to date except Morocco, Bahrain, Israel, 
and Canada) and $7,443,000 for construction (the same as all other Free 
Trade Agreements to date except NAFTA and Bahrain). The interim rule 
also added Bulgaria and Romania to the list of World Trade Organization 
Government Procurement Agreement countries wherever it appears.

Item V--FAR Part 30--CAS Administration (FAR Case 2005-027)

    This final rule amending the Federal Acquisition Regulation (FAR) 
to implement revisions to the regulations related to the administration 
of the Cost Accounting Standards (CAS). Among other changes, the final 
rule streamlines

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the process for submitting, negotiating, and resolving cost impacts 
resulting from a change in cost accounting practice or noncompliance 
with stated practices.

Item VI--Common Security Configurations (FAR Case 2007-004)

    This final rule amends the Federal Acquisition Regulation to 
require agencies to include common security configurations in new 
information technology acquisitions, as appropriate. The revision 
reduces risks associated with security threats and vulnerabilities and 
will ensure public confidence in the confidentiality, integrity, and 
availability of Government information. This final rule requires agency 
contracting officers to consult with the requiring official to ensure 
the proper standards are incorporated in their requirements.

    Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-24 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 2005-24 is 
effective February 28, 2008, except for Items I, II, V, and VI which 
are effective March 31, 2008.

    Dated: February 14, 2008.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
    Dated: February 19, 2008.
David A. Drabkin,
Acting Chief Acquisition Officer & Senior Procurement Executive, Office 
of the Chief Acquisition Officer, U.S. General Services Administration.
    Dated: February 13, 2008.
James A. Balinskas,
Acting Assistant Administrator for Procurement, National Aeronautics 
and Space Administration.
[FR Doc. E8-3375 Filed 2-27-08; 8:45 am]
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