[Federal Register: March 22, 2007 (Volume 72, Number 55)]
[Rules and Regulations]               
[Page 13583-13585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 13583]]


Part III

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Parts 4, 13, 22, et al.

Federal Acquisition Regulations; Final Rules

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48 CFR Chapter 1

[Docket FAR--2007-0002, Sequence 1]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-16; Introduction

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

ACTION: Summary presentation of interim and final rules.


SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 2005-16. A companion document, the Small Entity 
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, 
is available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.

DATES: For effective dates and comment dates, see separate documents, 
which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to each FAR case or subject area. Please cite 
FAC 2005-16 and specific FAR case number(s). For information pertaining 
to status or publication schedules, contact the FAR Secretariat at 
(202) 501-4755.

                                          List of Rules in FAC 2005-16
      Item                          Subject                             FAR case                 Analyst
I..............  Implementation of Wage Determinations OnLine   2005-033                 Woodson.
II.............  Termination or Cancellation of Purchase        2005-029                 Jackson.
III............  Contracts with Religious Entities (Interim)..  2006-019                 Woodson.
IV.............  Contract Terms and Conditions Required to      2006-012                 Jackson.
                  Implement Statute or Executive Orders--
                  Commercial Items.

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments to these FAR cases, refer to the 
specific item number and subject set forth in the documents following 
these item summaries.
    FAC 2005-16 amends the FAR as specified below:

Item I--Implementation of Wage Determinations OnLine (WDOL) (FAR Case 

    This final rule implements the Department of Labor (DOL) Wage 
Determinations OnLine (WDOL) Internet website as the source for Federal 
contracting agencies to obtain wage determinations issued by the DOL 
for service contracts subject to the McNamara-O'Hara Service Contract 
Act (SCA) and for construction contracts subject to the Davis-Bacon Act 
(DBA). The rule amends the FAR to direct Federal contracting agencies 
to obtain DBA and SCA wage determinations from the WDOL website.
    The WDOL and e98 processes replace the paper Standard Forms 98 and 
98a. In addition, Standard Forms 98, 98a, and 99 are deleted from FAR 
Part 53. This final rule also incorporates new geographical 
jurisdictions for DOL's Wage and Hour Regional Offices and eliminates 
FAR references to the Government Printing Office publication of general 
wage determinations.

Item II--Termination or Cancellation of Purchase Orders (FAR Case 2005-

    The rule revises the Federal Acquisition Regulation (FAR) to 
correct the inadvertent omission of an appropriate reference in FAR 
Part 13.302-4(a) for termination for cause of those purchase orders 
that have been accepted in writing. This FAR revision is a correction 
to a reference and not a change to the contract termination options 
available in 52.212-4(l) or (m). If a purchase order that has been 
accepted in writing by the contractor is to be terminated, contracting 
officers have the option to terminate for cause as well as terminate 
for convenience.

Item III--Contracts with Religious Entities (FAR Case 2006-019) 

    This interim rule amends FAR Subpart 22.8, Equal Employment 
Opportunity, and the associated clause at 52.222-26, Equal Opportunity, 
to add an exemption for religious entities to the prohibition of 
discrimination on the basis of religion. Executive Order (E.O.) 13279 
amended Section 204 of E.O. 11246 to permit religious entities to 
consider employment of individuals of a particular religion to perform 
work connected with carrying on the entity's activities. Religious 
entities remain subject to other Equal Employment Opportunity 
requirements. When awarding a contract to a religious entity that 
contains the clause at FAR 52.222-26, Equal Opportunity, the 
requirements of the clause with respect to employment of individuals of 
a particular religion to perform work connected with the carrying on of 
the contractor's activities do not apply to a contractor that is a 
religious corporation, association, educational institution, or 

Item IV--Contract Terms and Conditions Required to Implement Statute or 
Executive Orders--Commercial Items (FAR Case 2006-012)

    The final rule revises the Federal Acquisition Regulation (FAR) to 
update the required contract clauses that implement provisions of law 
or executive orders for acquisitions of commercial items.

    Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-16 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-16 is 
effective March 22, 2007.

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    Dated: March 7, 2007.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.

    Dated: March 14, 2007.
Roger D. Waldron,
Acting Senior Procurement Executive, General Services Administration.

    Dated: March 7, 2007.
Tom Luedtke,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. 07-1359 Filed 3-21-07; 8:45 am]