[Federal Register Volume 74, Number 153 (Tuesday, August 11, 2009)]
[Rules and Regulations]
[Page 40468]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-19168]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 32 and 52

[FAC 2005-36; Item VII; Docket 2009-0003, Sequence 4]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation in order to make editorial changes.

DATES: Effective Date: August 11, 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 schedules. Please cite 
FAC 2005-35, Technical Amendments.

SUPPLEMENTARY INFORMATION: This document makes amendments to the 
Federal Acquisition Regulation in order to make editorial changes.

List of Subjects in 48 CFR Parts 32 and 52

    Government procurement.

    Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 32 and 52 as set forth 
below:

0
1. The authority citation for 48 CFR parts 32 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 32--CONTRACT FINANCING


32.503-9  [Amended]

0
2. Amend section 32.503-9 in paragraph (a)(7) by removing paragraph 
``(a)(4'') and adding paragraph ``(a)(5'') in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.213-4  [Amended]

0
3. Amend section 52.213-4 by revising the date of the clause; and 
removing from paragraph (a)(2)(vi) ``(Mar 2009'') and adding August 11, 
2009 in its place.

0
4. Amend section 52.244-6 by--
0
a. Revising the date of the clause; and
0
b. Revising paragraphs (c)(1)(i), (c)(1)(ii), (c)(1)(iii), (c)(1)(vii), 
and (c)(1)(ix) to read as follows:52.244-6 Subcontracts for Commercial 
Items.
* * * * *
    SUBCONTRACTS FOR COMMERCIAL ITEMS (August 11, 2009)
* * * * *
    (c)(1) * * *
    (i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 
2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if 
the subcontract exceeds $5,000,000 and has a performance period of more 
than 120 days. In altering this clause to identify the appropriate 
parties, all disclosures of violation of the civil False Claims Act or 
of Federal criminal law shall be directed to the agency Office of the 
Inspector General, with a copy to the Contracting Officer.
    (ii) 52.203-15, Whistleblower Protections Under the American 
Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5), 
if the subcontract is funded under the Recovery Act.(iii) 52.219-8, 
Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) 
and (3)), if the subcontract offers further subcontracting 
opportunities. If the subcontract (except subcontracts to small 
business concerns) exceeds $550,000 ($1,000,000 for construction of any 
public facility), the subcontractor must include 52.219-8 in lower tier 
subcontracts that offer subcontracting opportunities.
* * * * *
    (vii) 52.222-39, Notification of Employee Rights Concerning Payment 
of Union Dues or Fees (Dec 2004) (E.O. 13201), if flow down is required 
in accordance with paragraph (g) of FAR clause 52.222-39).
* * * * *
    (ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial 
Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow 
down is required in accordance with paragraph (d) of FAR clause 52.247-
64.
* * * * *
[FR Doc. E9-19168 Filed 8-10-09; 8:45 am]
BILLING CODE 6820-EP-S