[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Page 23371]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9215]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2012-0081, Sequence 3]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-58; Small Entity Compliance Guide

AGENCY: 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 DOD, GSA, 
and NASA. 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 the rule 
appearing in Federal Acquisition Circular (FAC) 2005-58, which amends 
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a 
rule indicates that a regulatory flexibility analysis has been 
prepared. Interested parties may obtain further information regarding 
this rule by referring to FAC 2005-58, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: April 18, 2012.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-58 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

                                          List of Rules in FAC 2005-58
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                  Item                               Subject                FAR case             Analyst
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I *....................................  Biobased Procurements.........        2010-004  Clark.
II.....................................  Representation Regarding              2010-018  Davis.
                                          Export of Sensitive
                                          Technology to Iran.
III....................................  Justification and Approval of         2009-038  Morgan.
                                          Sole-Source 8(a) Contracts.
IV.....................................  Technical Amendments..........
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR cases, refer to 
the specific item numbers and subject set forth in the documents 
following these item summaries. FAC 2005-58 amends the FAR as specified 
below:

Item I--Biobased Procurements (FAR Case 2010-004)

    This final rule amends the FAR to implement changes that require 
contractors to report the biobased products purchased under service and 
construction contracts. The Farm Security and Rural Investment Act (7 
U.S.C. 8102) requires agencies to report this information to the Office 
of Federal Procurement Policy. This reporting will enable agencies to 
monitor compliance with the Federal preference for purchasing biobased 
products. Contractors may need to create an inventory management system 
to track the biobased products purchased for each contract. However, 
this rule may enhance small business biobased product suppliers' 
participation in this market.

Item II--Representation Regarding Export of Sensitive Technology to 
Iran (FAR Case 2010-018)

    This final rule adopts, with minor changes, an interim rule which 
added a representation to implement section 106 of the Comprehensive 
Iran Sanctions, Accountability, and Divestment Act of 2010. Section 106 
imposes a procurement prohibition relating to contracts with persons 
that export certain sensitive technology to Iran. This rule has no 
significant impact on small business concerns.

Item III--Justification and Approval of Sole-Source 8(a) Contracts (FAR 
Case 2009-038)

    This rule adopts as final, without change, an interim rule 
published in the Federal Register at 76 FR 14559 on March 16, 2011, 
which implemented section 811 of the National Defense Authorization Act 
for Fiscal Year 2010 (Pub. L. 111-84). Section 811 prohibits the award 
of a sole-source contract in an amount over $20 million under the 8(a) 
program authority (15 U.S.C. 637(a)) without first obtaining a written 
Justification and Approval (J&A) approved by an appropriate official, 
and making public the J&A and related information. This internal 
Government requirement for the development and approval of a sole-
source J&A for 8(a) sole-source awards over $20 million neither 
prohibits such awards nor increases the qualifications required of 8(a) 
firms.

Item IV--Technical Amendments

    Editorial changes are made at FAR 1.201-1, 52.212-5, and 52.219-28.

    Dated: April 11, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2012-9215 Filed 4-17-12; 8:45 am]
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