[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Page 56744]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-22589]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2012-0081, Sequence 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-61; 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) 2005-61, 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 2005-61, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: September 13, 2012.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-61 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 2005-61
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                   Item                                 Subject                FAR case           Analyst
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I........................................  United States-Korea Free Trade       2012-004  Davis.
                                            Agreement.
II.......................................  Delete Outdated FAR Reference to     2012-026  Lague.
                                            the DoD Industrial Preparedness
                                            Program.
III......................................  NAICS and Size Standards........     2012-021  Morgan.
IV.......................................  Bid Protest and Appeal               2012-008  Loeb.
                                            Authorities.
V........................................  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 subjects set forth in the documents 
following these item summaries. FAC 2005-61 amends the FAR as specified 
below:

Item I--United States-Korea Free Trade Agreement (FAR Case 2012-004)

    This final rule adopts without change the interim rule published in 
the Federal Register on March 7, 2012 (77 FR 13952), to implement the 
United States-Korea Free Trade Agreement. The Republic of Korea is 
already party to the World Trade Organization Government Procurement 
Agreement (WTO GPA). The Korea Free Trade Agreement now covers 
acquisition of supplies and services between $100,000 and the current 
WTO GPA threshold of $202,000. This final rule will not have a 
significant economic impact on a substantial number of small entities.

Item II--Delete Outdated FAR Reference to the DoD Industrial 
Preparedness Program (FAR Case 2012-026)

    This final rule amends the FAR to delete outdated references to the 
``DoD Industrial Preparedness Program'', which is no longer in 
existence. There is no impact to the Government or small business 
because this program was discontinued in 1992.

Item III--NAICS and Size Standards (FAR Case 2012-021)

    This final rule amends the FAR to clarify that new North American 
Industry Classification System codes are not available for use in 
Federal contracting until the Small Business Administration publishes 
corresponding industry size standards. Published size standards are 
available on the SBA's Web site and at 13 CFR 121.201. The clarifying 
language is provided for informational purposes and only addresses 
internal Government policies and procedures. This rule will not have a 
significant impact on the Government, and does not impose additional 
requirements on small businesses.

Item IV--Bid Protest and Appeal Authorities (FAR Case 2012-008)

    This final rule amends FAR part 33 to note that there are other 
Federal-court related protest authorities and dispute-appeal 
authorities that are not covered by FAR part 33. This rule also 
provides contracting officers with appropriate references to their 
office of legal counsel and the Web site for the rules of the U.S. 
Court of Federal Claims. This is a final rule because it only impacts 
the Federal Government's internal operating procedures.

Item V--Technical Amendments

    Editorial changes are made at FAR 7.403 and 15.404-1.

    Dated: September 7, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2012-22589 Filed 9-12-12; 8:45 am]
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