[Federal Register Volume 74, Number 10 (Thursday, January 15, 2009)]
[Rules and Regulations]
[Pages 2710-2711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-553]



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Part III





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Parts 2, 3, 12 et al.



 Federal Acquisition Regulation; Final Rules and Small Entity 
Compliance Guide

  Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / 
Rules and Regulations  

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2009-0012, Sequence 1]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-30; 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) 2005-30. 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 2005-30 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 2005-30
----------------------------------------------------------------------------------------------------------------
      Item                          Subject                             FAR case                 Analyst
----------------------------------------------------------------------------------------------------------------
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
                  NoncompetitiveContracts-Section 844 of the
                  National Defense AuthorizationAct 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..........................  .......................  .......................
----------------------------------------------------------------------------------------------------------------


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:

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

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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 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.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-30 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 2005-30 is 
effective February 17, 2009, except for Items VIII and IX, which are 
effective January 15, 2009.

    Dated: December 22, 2008.
Shay D. Assad,
Director, Defense Procurement.

    Dated: December 24, 2008.
David A. Drabkin,
 Senior Procurement Executive & Deputy Chief Acquisition Officer, 
Office of the Chief Acquisition Officer, U.S. General Services 
Administration.

    Dated: December 22, 2008.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. E9-553 Filed 1-14-09; 8:45 am]
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