[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2746-2748]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-538]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2009-0013, Sequence 1]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-30; 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 rules appearing in Federal 
Acquisition Circular (FAC) 2005-30 which amend the FAR. An asterisk (*) 
next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding these rules by referring to FAC 2005-30, which precedes this 
document. These documents are also available via the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT Hada Flowers, Regulatory Secretariat, 
(202) 208-7282. For clarification of content, contact the analyst whose 
name appears in the table below.

                                          List of Rules in FAC 2005-30
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      Item                          Subject                             FAR case                 Analyst
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I..............  Federal Procurement Data System (FPDS).......  2004-038                 Woodson.
II.............  Commercially Available Off-the-Shelf (COTS)    2000-305                 Jackson.
                  Items.
III....  Exemption of Certain Service Contracts from    2001-004                 Woodson.
                  the Service Contract Act (SCA).
IV.............  Public Disclosure of Justification and         2008-003                 Woodson.
                  Approval Documents for Noncompetitive
                  Contracts-Section 844 of the National
                  Defense Authorization Act for Fiscal Year
                  2008 (Interim).
V..............  SAFETY Act: Implementation of DHS Regulations  2006-023                 Chambers.
VI.....  Electronic Products Environmental Assessment   2006-030                 Clark.
                  Tool (EPEAT).
VII............  Combating Trafficking in Persons.............  2005-012                 Woodson.
VIII...........  Trade Agreements--New Thresholds.............  2007-016                 Murphy.
IX.............  Technical Amendment..........................  .......................  .......................
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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 2005-30 amends the FAR as specified below:

[[Page 2747]]

Item I--Federal Procurement Data System (FPDS) (FAR Case 2004-038)

    This final rule amends the Federal Acquisition Regulation (FAR) 
Subpart 4.6 to revise the process for reporting contract actions to the 
Federal Procurement Data System (FPDS). The rule establishes FPDS as 
the single authoritative source of all procurement data for a host of 
applications and reports, such as the Central Contractor Registration 
(CCR), the Electronic Subcontracting Reporting System (eSRS), the Small 
Business Goaling Report (SRGR), and Resource Conservation and Recovery 
Act (RCRA) data. The rule requires Contracting Officers to verify the 
accuracy of contract award data prior to reporting the data in FPDS. 
The rule does not require any reporting by the vendor community, as the 
FPDS reporting requirement is accomplished by Government contracting 
activities.

Item II--Commercially Available Off-the-Shelf (COTS) Items (FAR Case 
2000-305)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
implement Section 4203 of the Clinger-Cohen Act of 1996 (41 U.S.C. 431) 
with respect to the inapplicability of certain laws to contracts and 
subcontracts for the acquisition of commercially available off-the-
shelf (COTS) items. A new FAR section 12.103 outlines the treatment of 
COTS items. This rule will reduce the burden on contractors that 
provide commercially available off-the-shelf EPA-designated products 
that contain recovered materials and contractors that provide 
construction material or end products that are COTS items manufactured 
in the United States. Contracting officers will need to become 
acquainted with the new definition of ``commercially available off-the-
shelf item'' and understand the revised definitions of ``domestic end 
product'' and ``domestic construction material.''

Item III--Exemption of Certain Service Contracts from the Service 
Contract Act (SCA) (FAR Case 2001-004)

    This rule finalizes, with changes, the interim rule that was 
published in the Federal Register at 72 FR 63076 on November 7, 2007. 
This rule is required to implement the U.S. Department of Labor's final 
rule published in the Federal Register at 66 FR 5327 on January 18, 
2001, amending 29 CFR Part 4. This rule revises the current Service 
Contract Act (SCA) exemption in the FAR and adds an SCA exemption for 
contracts for certain additional services that meet specific criteria. 
The rule also adds to the Annual Representations and Certifications FAR 
clause at 52.204-8, the conditions under which each listed provision 
applies, or for the more complex cases, a check-off for the contracting 
officer to indicate whether the provision is applicable to the 
solicitation. The rule encourages broader participation of Government 
procurement by companies doing business in the commercial sector, and 
reinforces the Government's commitment to reduce Government-unique 
terms and conditions, without compromising the purpose of the SCA to 
protect prevailing labor standards.

Item IV--Public Disclosure of Justification and Approval Documents for 
Noncompetitive Contracts-Section 844 of the National Defense 
Authorization Act for Fiscal Year 2008 (Interim) (FAR Case 2008-003)

    This interim rule amends FAR 6.305 to require agencies to make 
available for public inspection within 14 days after contract award the 
justification required by 6.303-1, on the website of the agency and at 
the Governmentwide Point of Entry (www.fedbizopps.gov). In the case of 
a contract award permitted under FAR 6.302-2, the rule requires that 
the justification be posted within 30 days after contract award. The 
rule requires that contracting officers shall carefully screen all 
justifications for contractor proprietary data and remove all such 
data, and such references and citations as are necessary to protect the 
proprietary data, before making the justifications available for public 
inspection. This rule implements Section 844 of the National Defense 
Authorization Act for Fiscal Year 2008.

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

    This final rule converts the interim rule published in the Federal 
Register at 72 FR 63027, November 7, 2007 to a final rule with changes. 
This final 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 VI--Electronic Products Environmental Assessment Tool (EPEAT) (FAR 
Case 2006-030)

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (Councils) have adopted as final, without change, 
the interim rule that amended the Federal Acquisition Regulation (FAR) 
to require use of the Electronic Products Environmental Assessment Tool 
(EPEAT) when acquiring personal computer products such as desktops, 
notebooks (also known as laptops), and monitors pursuant to the Energy 
Policy Act of 2005 and Executive Order 13423, ``Strengthening Federal 
Environmental, Energy, and Transportation Management.'' The interim 
rule revised Subpart 23.7, and prescribed a clause at 52.223-16 (also 
included in 52.212-5 for acquisition of commercial items) in all 
solicitations and contracts for the acquisition of personal computer 
products, services that require furnishing of personal computer 
products for use by the Government, and services for contractor 
operation of Government owned facilities.

Item VII--Combating Trafficking in Persons (FAR Case 2005-012)

    This final rule implements Section 3(b) of the Trafficking Victims 
Protection Reauthorization Act (TVPRA) of 2003 (Combating Trafficking 
In Persons). TVPRA addresses the victimization of countless men, women, 
and children in the United States and abroad. The United States 
Government

[[Page 2748]]

believes that its contractors can help combat trafficking in persons. 
The statute, codified at 22 U.S.C. 7104(g), requires that contracts 
contain a clause allowing the agency to terminate the contract if a 
contractor, contractor employees, subcontractor, or subcontractor 
employees engage in severe forms of trafficking in persons or procures 
a commercial sex act during the period of performance of the contract, 
or uses forced labor in the performance of the contract. The rule 
provides that the contracting officer may consider whether the 
contractor had a Trafficking in Persons awareness program at the time 
of a violation as a mitigating factor when determining remedies; and a 
website where the contractor may obtain additional information about 
Trafficking in Persons and examples of awareness programs.

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

    This final rule converts the interim rule published in the Federal 
Register at 73 FR 10962 on February 28, 2008, and amended at 73 FR 
16747 on March 28, 2008, to a final rule without change.
    The rule adjusts the thresholds for application of the World Trade 
Organization Government Procurement Agreement and the Free Trade 
Agreements as determined by the United States Trade Representative, 
according to a formula set forth in the agreements.

Item IX--Technical Amendment

    An editorial change is made at FAR 15.101-2.

    Dated: December 24, 2008.
Edward Loeb,
Acting Director, Office of Acquisition Policy.
[FR Doc. E9-538 Filed 1-14-09; 8:45 am]
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