[Federal Register Volume 74, Number 125 (Wednesday, July 1, 2009)]
[Rules and Regulations]
[Pages 31555-31556]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-15437]

[[Page 31555]]


Part IV

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1, Parts 2, 4, et al.

Federal Acquisition Regulation; Federal Acquisition Circular 2005-34; 
Introduction; FAR Cases 2006-022, 2008-009, 2008-028; Federal 
Acquisition Regulation; Federal Acquisition Circular 2005-32; Small 
Entity Compliance Guide; Final Rules

Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules 
and Regulations

[[Page 31556]]





48 CFR Chapter 1

[Docket FAR 2009-0001, Sequence 5]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-34; Introduction

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

ACTION: Summary presentation of rules.


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) 2005-34. 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 2005-34 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 2005-34
      Item                          Subject                             FAR case                 Analyst
I..............  Contractor Performance Information...........  2006-022                 Parnell.
II.............  Prohibition on Contracting with Inverted       2008-009                 Murphy.
                  Domestic Corporations (Interim).
III............  Role of Interagency Committee on Debarment     2008-028                 Loeb.
                  and Suspension.

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 2005-34 amends the FAR as specified below:

Item I--Contractor Performance Information (FAR Case 2006-022)

    This final rule amends the FAR to revise the contractor performance 
information process. The FAR revisions include changes to FAR Parts 2, 
8, 9, 13, 17, 36, 42, and 53. The purpose of this final rule is to 
ensure that the FAR clearly reflects the use of the Governmentwide 
performance information repository, Past Performance Information 
Retrieval System (PPIRS) at http://www.ppirs.gov; requires the 
evaluation of past performance for orders exceeding the simplified 
acquisition threshold placed against Federal Supply Schedule contracts, 
or under a task order or delivery order against a contract awarded by 
another Federal agency (i.e. Governmentwide acquisition contract or 
multi-agency contract); recommends past performance information for 
orders under single agency contracts; consolidates the collection of 
past performance guidance in Part 42; and, clarifies that the Agency 
shall identify those responsible for preparing interim and final 

Item II--Prohibition on Contracting with Inverted Domestic Corporations 
(FAR Case 2008-009) (Interim)

    This interim rule implements Section 743 of Division D of the 
Omnibus Appropriations Act, 2009 (Public Law 111-8), which prohibits 
the award of contracts using appropriated funds to any foreign 
incorporated entity that is treated as an inverted domestic corporation 
or to any subsidiary of one. The interim rule addresses solicitations 
issued after the date of publication using funds appropriated in Fiscal 
Years 2006, 2007, and 2008, as well.

Item III--Role of Interagency Committee on Debarment and Suspension 
(FAR Case 2008-028)

    This final rule amends Federal Acquisition Regulation Subpart 9.4 
to clarify the role of the Interagency Committee on Debarment and 
Suspension when more than one agency has an interest in the debarment 
or suspension of a contractor. Among other responsibilities, the 
Interagency Committee on Debarment and Suspension is authorized to 
resolve issues regarding the agency that will have lead responsibility 
in initiating a suspension or debarment proceeding. The Committee will 
also coordinate actions among interested agencies with respect to such 
action. This rule implements the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009, Section 873(a)(1) and (2).

    Dated: June 25, 2009.
Al Matera,
Director, Office of Acquisition Policy.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-34 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-34 is 
effective July 1, 2009 except for Item III, which is effective July 31, 

    Dated: June 20, 2009.
Shay D. Assad,
Director of Defense Procurement and Acquisition Policy.

    Dated: June 23, 2009.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of the Chief Acquisition 
Officer, U.S. General Services Administration.

    Dated: June 24, 2009.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. E9-15437 Filed 6-30-09; 8:45 am]