[Federal Register: November 12, 2008 (Volume 73, Number 219)]
[Rules and Regulations]               
[Page 67093]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Chapter 1

[Docket FAR 2008-0003, Sequence 3]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-28; 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 the rule appearing in Federal 
Acquisition Circular (FAC) 2005-28 which amends the FAR. An asterisk 
(*) next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding this rule by referring to FAC 2005-28 which precedes this 
document. These documents are also available via the Internet at http:/

FOR FURTHER INFORMATION CONTACT: Laurieann Duarte, Regulatory 
Secretariat, (202) 501-4225. For clarification of content, contact the 
analyst whose name appears in the table below.

                       Rule Listed in FAC 2005-28
      Item               Subject           FAR case         Analyst
*I.............  Contractor Business        2007-006  Woodson.
                  Ethics Compliance
                  Program and

SUPPLEMENTARY INFORMATION: A summary of the FAR rule follows. For the 
actual revisions and/or amendments to this FAR case, refer to FAR Case 
    FAC 2005-28 amends the FAR as specified below: Item I--Contractor 
Business Ethics Compliance Program and Disclosure Requirements (FAR 
Case 2007-006)
    This final rule amends the Federal Acquisition Regulation to 
amplify the requirements for a contractor code of business ethics and 
conduct, an internal control system, and disclosure to the Government 
of certain violations of criminal law, violations of the civil False 
Claims Act, or significant overpayments. The rule provides for the 
suspension or debarment of a contractor for knowing failure by a 
principal to timely disclose, in writing, to the agency Office of the 
Inspector General, with a copy to the contracting officer, certain 
violations of criminal law, violations of the civil False Claims Act, 
or significant overpayments. The final rule implements ``The Close the 
Contractor Fraud Loophole Act,'' Public Law 110-252, Title VI, Chapter 
1. The statute defines a covered contract to mean ``any contract in an 
amount greater than $5,000,000 and more than 120 days in duration.'' 
The final rule also provides that the contractor's Internal Control 
System shall be established within 90 days after contract award, unless 
the Contracting Officer establishes a longer time period (See FAR 
52.203-13(c)). The internal control system is not required for small 
businesses or commercial item contracts.

    Dated: November 5, 2008.
Al Matera,
Director, Office of Acquisition Policy.
 [FR Doc. E8-26809 Filed 11-10-08; 8:45 am]