[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Rules and Regulations]               
[Page 63088-63089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Part 22

[FAC 2005-21; FAR Case 2007-001; Item VII; Docket 2007-0001; Sequence 
RIN 9000-AK81

Federal Acquisition Regulation; FAR Case 2007-001, Labor 
Standards for Contracts Containing Construction Requirements--Contract 
Pricing Method References

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

ACTION: Final rule.


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 revise references 
to published pricing sources available to the contracting officer. The 
revision will

[[Page 63089]]

provide greater flexibilities for contracting officers when selecting 
sources of pricing data.

DATES: Effective Date: December 7, 2007.

FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement 
Analyst, at (202) 501-3775 for clarification of content. The TTY 
Federal Relay Number for further information is 1-800-877-8973. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-21, FAR case 


A. Background

    FAR 22.404-12(c)(2) allows the contracting officer to include in 
the contract a separately specified pricing method that permits an 
adjustment to the contract price or contract labor unit price at the 
exercise of each option to extend the term of the contract. References 
to published pricing sources are included to assist the contracting 
officer in identifying pricing data to support the pricing method used 
to calculate the contract pricing adjustment. This final rule revises 
the language at FAR 22.404-12(c)(2) that references published pricing 
sources available to the contracting officer. The FAR currently 
references a single commercial product and the intent of this change is 
to not show favor to any commercial product. The revised language 
deletes the specified product and allows the contracting officer to 
choose any commercial product.
    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 Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Part 22 in accordance 
with 5 U.S.C. 610. Interested parties must submit such comments 
separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-21, FAR case 
2007-001), in correspondence.

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 22

    Government procurement.

    Dated: October 31, 2007.
Al Matera,
Director, Office of Acquisition Policy.

Therefore, DoD, GSA, and NASA amend 48 CFR part 22 as set forth below:


1. The authority citation for 48 CFR part 22 continues to read as 

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).
2. Amend section 22.404-12 by revising the third sentence of paragraph 
(c)(2) to read as follows:

22.404-12  Labor standards for contracts containing construction 
requirements and option provisions that extend the term of the 

* * * * *
    (c) * * *
    (2) * * * An example of a contract pricing method that the 
contracting officer might separately specify is incorporation in the 
solicitation and resulting contract of the pricing data from an 
annually published unit pricing book (e.g., the U.S. Army Computer-
Aided Cost Estimating System or similar commercial product), which is 
multiplied in the contract by a factor proposed by the contractor 
(e.g., .95 or 1.1). * * *
* * * * *
[FR Doc. 07-5483 Filed 11-6-07; 8:45 am]