[Federal Register: March 22, 2007 (Volume 72, Number 55)]
[Rules and Regulations]
[Page 13588-13589]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr07-19]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAC 2005-16; FAR Case 2006-012; Item IV; Docket 2006-0020, Sequence
24]
RIN 9000-AK51
Federal Acquisition Regulation; FAR Case 2006-012, Contract Terms
and Conditions Required to Implement Statute or Executive Orders--
Commercial Items
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to update the
required contract clauses that implement provisions of law or executive
orders for acquisitions of commercial items.
DATES: Effective Date: March 22, 2007.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Michael O. Jackson, Procurement Analyst, at (202) 208-4949. Please
cite FAC 2005-16, FAR case 2006-012. For information pertaining to
status or publication schedules, contact the FAR Secretariat at (202)
501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
In accordance with Section 8002 of Public Law 103-355 (41 U.S.C.
264, note), contract clauses applicable to acquisitions of commercial
items are limited, to the maximum extent practicable, to clauses that
are--
(1) Required to implement provisions of law or executive orders
applicable to the acquisition of commercial items; or
(2) Determined to be consistent with customary commercial practice.
The FAR clause at 52.212-5, Contract Terms and Conditions Required
to Implement Statutes or Executive Orders--Commercial Items,
incorporates, by reference, the contract clauses that the contracting
officer may select to implement provisions of law or executive orders
for acquisitions of commercial items. The FAR clause at 52.219-16,
Liquidated Damages--Subcontracting Plan, is a contract clause that is
required to implement 15 U.S.C. 637(d)(4)(F)(i). However, the FAR
clause 52.219-16 is not included in the list of clauses for commercial
contracts in FAR 52.212-5. The rule incorporates the FAR clause 52.219-
16 in the list of clauses for commercial contracts that the contracting
officer may select.
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 42344, July 26, 2006. The Councils received no comments on
the proposed rule. Therefore, the Councils have adopted the proposed
rule as final without change.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space
[[Page 13589]]
Administration certify that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule merely clarifies existing language and does not change
existing policy.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 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).
0
2. Amend section 52.212-5 by revising the date of the clause;
redesignating paragraphs (b)(10) through (b)(35) as (b)(11) through
(b)(36), respectively, and adding a new paragraph (b)(10) to read 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 (MAR 2007)
* * * * *
(b) * * *
--(10) 52.219-16, Liquidated Damages--Subcontracting Plan (JAN
1999) (15 U.S.C. 637(d)(4)(F)(i)).
* * * * *
[FR Doc. 07-1360 Filed 3-21-07; 8:45 am]
BILLING CODE 6820-EP-S