[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Rules and Regulations]               
[Page 73213-73214]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 73213]]


Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1 and Parts 11, 22, et al. Federal Acquisition 
Regulation; Final and Interim Rules and Small Entity Compliance Guide

[[Page 73214]]





48 CFR Chapter 1

[Docket FAR-2007-0002, Sequence 8]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-23; Introduction

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

ACTION: Summary presentation of 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) 2005-23. 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. Please cite FAC 2005-23 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the FAR Secretariat at (202) 501-4755.

                      List of Rules in FAC 2005-23
          Item                Subject         FAR case       Analyst
I......................  Electronic            2006-030  Clark.
                          Assessment Tool
II.....................  Contracts with        2006-019  Woodson.
III....................  Performance-Based     2005-016  Murphy.

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 2005-23 amends the FAR as specified below:

Item I--Electronic Products Environmental Assessment Tool (EPEAT) (FAR 
Case 2006-030) (Interim)

    This interim rule amends the Federal Acquisition Regulation (FAR) 
to require use of the Electronic Products Environmental Assessment Tool 
(EPEAT) when acquiring personal computer products such as desktops, 
notebooks (also known as laptops), and monitors pursuant to the Energy 
Policy Act of 2005 and Executive Order 13423, ``Strengthening Federal 
Environmental, Energy, and Transportation Management.'' The interim 
rule revises Subpart 23.7, and prescribes a new clause in 52.223 (also 
included in 52.212-5 for acquisition of commercial items) in all 
solicitations and contracts for the acquisition of personal computer 
products, services that require furnishing of personal computer 
products for use by the Government, and services for contractor 
operation of Government-owned facilities.

Item II--Contracts With Religious Entities (FAR Case 2006-019)

    This final rule adopts as final, without change, the interim rule 
published in the Federal Register on March 22, 2007. The interim rule 
amended the Federal Acquisition Regulation (FAR) Parts 22 and 52 to 
implement Executive Order (E.O.) 11246, as amended, Equal Employment 
Opportunity, to incorporate the exemption for religious entities 
prescribed in E.O. 13279. Section 4 of E.O. 13279 amended Section 204 
of E.O. 11246 to exempt religious corporations, associations, 
educational institutions and societies from certain nondiscrimination 
requirements. E.O. 11246, as amended, permits religious entities to 
consider employment of individuals of a particular religion to perform 
work connected with carrying on the entity's activities. Religious 
entities are not exempt from other requirements of the executive order.

Item III--Performance-Based Payments (FAR Case 2005-016)

    This final rule amends the Federal Acquisition Regulation to 
increase the use of performance-based payments as the method of 
contract financing on Federal Government contracts and improve the 
efficiency of performance-based payments when used on these contracts. 
These changes originated from recommendations submitted by the 
Department of Defense Performance-Based Payments Working Group in their 
March 8, 2005, report.

    Dated: December 19, 2007.
Al Matera,
Director, Office of Acquisition Policy.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-23 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 2005-23 is 
effective January 25, 2008, except for Items I and II which are 
effective December 26, 2007.

    Dated: December 19, 2007.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
    Dated: December 19, 2007.
Molly A. Wilkinson,
Chief Acquisition Officer, Office of the Chief Acquisition Officer, 
General Services Administration.
    Dated: December 18, 2007.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
 [FR Doc. E7-24943 Filed 12-21-07; 8:45 am]