[Federal Register: December 26, 2007 (Volume 72, Number 246)]
[Rules and Regulations]               
[Page 73222-73223]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Chapter 1

[Docket FAR-2007-0002, Sequence 9]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-23; Small Entity Compliance Guide

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

ACTION: Small Entity Compliance Guide.


SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the 
Administrator of the National Aeronautics and Space Administration. 
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 rules appearing in Federal 
Acquisition Circular (FAC) 2005-23 which amend the FAR. An asterisk (*) 
next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding these rules by referring to FAC 2005-23 which precedes this 
document. These documents are also available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov

FOR FURTHER INFORMATION CONTACT: Diedra Wingate, FAR Secretariat, (202) 
208-4052. For clarification of content, contact the analyst whose name 
appears in the table below.

                      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.

[[Page 73223]]

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.
 [FR Doc. E7-24940 Filed 12-21-07; 8:45 am]