[Federal Register Volume 74, Number 92 (Thursday, May 14, 2009)]
[Rules and Regulations]
[Pages 22810-22811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-11039]



[[Page 22809]]

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Part II





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Parts 5, 25, and 52



Federal Acquisition Regulation; FAC 2005-32, Technical Amendments; 
Final Rule

  Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules 
and Regulations  

[[Page 22810]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 5, 25, and 52

[FAC 2005-32; Docket 2009-0003; Sequence 3]


Federal Acquisition Regulation; FAC 2005-32, Technical Amendments

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

ACTION: Technical amendments.

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SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR), Federal Acquisition Circular (FAC) 2005-32, published 
in the Federal Register at 74 FR 14622-14652, on March 31, 2009, in 
order to make editorial and correcting changes.

DATES: Effective Date: May 14, 2009.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1800 F 
Street, NW., Room 4041, Washington, DC 20405, (202) 501-4755, for 
information pertaining to status or publication schedule. Please cite 
FAC 2005-32, Technical Amendments.

SUPPLEMENTARY INFORMATION: This document makes amendments to the 
Federal Acquisition Regulation (FAR), Federal Acquisition Circular 
(FAC) 2005-32, published in the Federal Register at 74 FR 14622-14652, 
on March 31, 2009, in order to make editorial and correcting changes.

List of Subjects in 48 CFR Parts 5, 25, and 52

    Government procurement.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 5, 25, and 52 as set 
forth below:
0
1. The authority citation for 48 CFR parts 5, 25, and 52 continues to 
read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 5--PUBLICIZING CONTRACT ACTIONS


5.705  [Amended]

0
2. Amend section 5.705 in the table that follows paragraph (b) by 
removing, from the second column, the heading ``Posting Rationale on 
Special Section of Recovery.Gov'' and adding ``Rationale Required'' in 
its place; and by removing, from the sixth row, second column, the 
colon and adding an em dash in its place.

PART 25--FOREIGN ACQUISITION

0
3. Amend section 25.200 by adding paragraph (c) to read as follows:


25.200  Scope of subpart.

* * * * *
    (c) When using funds appropriated or otherwise provided by the 
American Recovery and Reinvestment Act of 2009 (Pub. L. 111-5) 
(Recovery Act) for construction, see Subpart 25.6.
* * * * *

0
4. Amend section 25.1102 by removing from paragraph (c)(3) ``other than 
Mexico'' and adding ``other than Bahrain, Mexico, and Oman'' in its 
place; and revising paragraphs (e)(2)(i) and (e)(2)(ii) to read as 
follows:


25.1102  Acquisition of construction.

* * * * *
    (e) * * *
    (2) * * *
    (i) Basic clause. List all foreign construction materials excepted 
from the Buy American Act or section 1605 of the the Recovery Act, 
other than Recovery Act designated country construction material.
    (ii)  Alternate I. List in paragraph (b)(3) of the clause all 
foreign construction material excepted from the Buy American Act or 
section 1605 of the Recovery Act, unless the excepted foreign 
construction material is from a Recovery Act designated country other 
than Bahrain, Mexico, or Oman.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.204-11  [Amended]

0
5. Amend section 52.204-11 in paragraph (a), in the definition ``Total 
Compensation'' by removing the period after the paragraph (6) 
designation.

0
6. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Revising paragraphs (b)(3), (b)(16), and (b)(18);
0
c. Removing and reserving paragraph (e)(1)(iii); and
0
d. In Alternate II by--
0
1. Revising the date of the Alternate;
0
2. Redesignating paragraphs (e)(1)(ii)(B) through (e)(1)(ii)(M) as 
paragraphs (e)(1)(ii)(C) through (e)(1)(ii)(N), respectively; and 
adding a new paragraph (e)(1)(ii)(B); and
0
3. Removing from the newly designated paragraph (e)(1)(ii)(J) ``2.222-
51'' and adding ``52.222-51'' in its place.
0
The revised and added text reads as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *
    CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS--COMMERCIAL ITEMS ``(MAY 2009)''
* * * * *
    (b) * * *
    (3) 52.203-15, Whistleblower Protections under the American 
Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of 
Pub. L. 111-5). (Applies to contracts funded by the American 
Recovery and Reinvestment Act of 2009.)
* * * * *
    ----(16) 52.219-26, Small Disadvantaged Business Participation 
Program--Incentive Subcontracting (OCT 2000) (Pub. L. 103-355, 
section 7102, and 10 U.S.C. 2323).
* * * * *
    ----(18) 52.219-28, Post Award Small Business Program 
Rerepresentation (APR 2009) (15 U.S.C. 632(a)(2)).
* * * * *
    Alternate II ``(MAY 2009)''. * * *
* * * * *
    (e)(1) * * *
    (ii) * * *
    (B) 52.203-15, Whistleblower Protections Under the American 
Recovery and Reinvestment Act of 2009 (MAR 2009) (Section 1553 of 
Pub. L. 111-5).
* * * * *

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-32, Technical Amendments, 
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 2005-32, Technical 
Amendments is effective May 14, 2009.


[[Page 22811]]


    Dated: May 5, 2009.
Amy G. Williams,
Acting Deputy Director, Defense Procurement and Acquisition Policy 
(Defense Acquisition Regulations System).

    Dated: May 6, 2009.
Rodney P. Lantier,
Acting Senior Procurement Executive & Acting Deputy Chief Acquisition 
Officer, Office of the Chief Acquisition Officer, U.S. General Services 
Administration.

    Dated: May 4, 2009.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. E9-11039 Filed 5-13-09; 8:45 am]
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