[Federal Register: January 15, 2009 (Volume 74, Number 10)]
[Rules and Regulations]
[Page 2709-2711]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 2709]]


Part III

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Parts 2, 3, 12 et al.

 Federal Acquisition Regulation; Final Rules and Small Entity
Compliance Guide

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48 CFR Chapter 1

[Docket FAR 2009-0012, Sequence 1]

Federal Acquisition Regulation; Federal Acquisition Circular
2005-30; 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) 2005-30. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at 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 2005-30 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 2005-30
      Item                          Subject                             FAR case                 Analyst
I..............  Federal Procurement Data System (FPDS).......  2004-038                 Woodson.
II.............  Commercially Available Off-the-Shelf (COTS)    2000-305                 Jackson.
III............  Exemption of Certain Service Contracts from    2001-004                 Woodson.
                  the Service Contract Act (SCA).
IV.............  Public Disclosure of Justification and         2008-003                 Woodson.
                  Approval Documents for
                  NoncompetitiveContracts-Section 844 of the
                  National Defense AuthorizationAct for Fiscal
                  Year 2008 (Interim).
V..............  SAFETY Act: Implementation of DHS Regulations  2006-023                 Chambers.
VI.............  Electronic Products Environmental Assessment   2006-030                 Clark.
                  Tool (EPEAT).
VII............  Combating Trafficking in Persons.............  2005-012                 Woodson.
VIII...........  Trade Agreements--New Thresholds.............  2007-016                 Murphy.
IX.............  Technical Amendment..........................  .......................  .......................

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 2005-30 amends the FAR as specified below:

Item I--Federal Procurement Data System (FPDS) (FAR Case 2004-038)

    This final rule amends the Federal Acquisition Regulation (FAR)
Subpart 4.6 to revise the process for reporting contract actions to the
Federal Procurement Data System (FPDS). The rule establishes FPDS as
the single authoritative source of all procurement data for a host of
applications and reports, such as the Central Contractor Registration
(CCR), the Electronic Subcontracting Reporting System (eSRS), the Small
Business Goaling Report (SRGR), and Resource Conservation and Recovery
Act (RCRA) data. The rule requires Contracting Officers to verify the
accuracy of contract award data prior to reporting the data in FPDS.
The rule does not require any reporting by the vendor community, as the
FPDS reporting requirement is accomplished by Government contracting

Item II--Commercially Available Off-the-Shelf (COTS) Items (FAR Case

    This final rule amends the Federal Acquisition Regulation (FAR) to
implement Section 4203 of the Clinger-Cohen Act of 1996 (41 U.S.C. 431)
with respect to the inapplicability of certain laws to contracts and
subcontracts for the acquisition of commercially available off-the-
shelf (COTS) items. A new FAR section 12.103 outlines the treatment of
COTS items. This rule will reduce the burden on contractors that
provide commercially available off-the-shelf EPA-designated products
that contain recovered materials and contractors that provide
construction material or end products that are COTS items manufactured
in the United States. Contracting officers will need to become
acquainted with the new definition of ``commercially available off-the-
shelf item'' and understand the revised definitions of ``domestic end
product'' and ``domestic construction material.''

Item III--Exemption of Certain Service Contracts from the Service
Contract Act (SCA). (FAR Case 2001-004)

    This rule finalizes, with changes, the interim rule that was
published in the Federal Register at 72 FR 63076 on November 7, 2007.
This rule is required to implement the U.S. Department of Labor's final
rule published in the Federal Register at 66 FR 5327 on January 18,
2001, amending 29 CFR Part 4. This rule revises the current Service
Contract Act (SCA) exemption in the FAR and adds an SCA exemption for
contracts for certain additional services that meet specific criteria.
The rule also adds to the Annual Representations and Certifications FAR
clause at 52.204-8, the conditions under which each listed provision
applies, or for the more complex cases, a check-off for the contracting
officer to indicate whether the provision is applicable to the
solicitation. The rule encourages broader participation of Government
procurement by companies doing business in the commercial sector, and
reinforces the Government's commitment to reduce Government-unique
terms and conditions, without compromising the purpose of the SCA to
protect prevailing labor standards.

Item IV--Public Disclosure of Justification and Approval Documents for
Noncompetitive Contracts-Section 844 of the National Defense
Authorization Act for Fiscal Year 2008 (Interim) (FAR Case 2008-003)

    This interim rule amends FAR 6.305 to require agencies to make
available for public inspection within 14 days after contract award the
justification required

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by 6.303-1, on the website of the agency and at the Governmentwide
Point of Entry (www.fedbizopps.gov). In the case of a contract award
permitted under FAR 6.302-2, the rule requires that the justification
be posted within 30 days after contract award. The rule requires that
contracting officers shall carefully screen all justifications for
contractor proprietary data and remove all such data, and such
references and citations as are necessary to protect the proprietary
data, before making the justifications available for public inspection.
This rule implements Section 844 of the National Defense Authorization
Act for Fiscal Year 2008.

Item V--SAFETY Act: Implementation of DHS Regulations (FAR Case 2006-

    This final rule converts the interim rule published in the Federal
Register at 72 FR 63027, November 7, 2007 to a final rule with changes.
This final rule implements the SAFETY Act in the FAR. The SAFETY Act
provides incentives for the development and deployment of anti-
terrorism technologies by creating a system of ``risk management'' and
a system of ``litigation management.'' The purpose of the SAFETY Act is
to ensure that the threat of liability does not deter potential
manufacturers or sellers of antiterrorism technologies from developing,
deploying, and commercializing technologies that could save lives.
Examples of Qualified Anti-Terrorism Technologies (QATT) identified by
DHS include--
     Vulnerability assessment and countermeasure and counter-
terrorism planning tools;
     First responder interoperability solution;
     Marine traffic management system;
     Security services, guidelines, systems, and standards;
     Vehicle and cargo inspection system;
     X-ray inspection system;
     Trace explosives detection systems and associated support
     Maintenance and repair of screening equipment;
     Risk assessment platform;
     Explosive and weapon detection equipment and services;
     Biological detection and filtration systems;
     Passenger screening services;
     Baggage screening services;
     Chemical, biological, or radiological agent release
     Vehicle barriers;
     First responder equipment; and
     Architectural and engineering ``hardening'' products and

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

    The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (Councils) have adopted as final, without change,
the interim rule that amended 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 revised Subpart 23.7, and prescribed a clause at 52.223-16 (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 VII--Combating Trafficking in Persons (FAR Case 2005-012)

    This final rule implements Section 3(b) of the Trafficking Victims
Protection Reauthorization Act (TVPRA) of 2003 (Combating Trafficking
In Persons). TVPRA addresses the victimization of countless men, women,
and children in the United States and abroad. The United States
Government believes that its contractors can help combat trafficking in
persons. The statute, codified at 22 U.S.C. 7104(g), requires that
contracts contain a clause allowing the agency to terminate the
contract if a contractor, contractor employees, subcontractor, or
subcontractor employees engage in severe forms of trafficking in
persons or procures a commercial sex act during the period of
performance of the contract, or uses forced labor in the performance of
the contract. The rule provides that the contracting officer may
consider whether the contractor had a Trafficking in Persons awareness
program at the time of a violation as a mitigating factor when
determining remedies; and a website where the contractor may obtain
additional information about Trafficking in Persons and examples of
awareness programs.

Item VIII--Trade Agreements--New Thresholds (FAR Case 2007-016)

    This final rule converts the interim rule published in the Federal
Register at 73 FR 10962 on February 28, 2008, and amended at 73 FR
16747 on March 28, 2008, to a final rule without change.
    The rule adjusts the thresholds for application of the World Trade
Organization Government Procurement Agreement and the Free Trade
Agreements as determined by the United States Trade Representative,
according to a formula set forth in the agreements.

Item IX--Technical Amendment

    An editorial change is made at FAR 15.101-2.

    Dated: December 24, 2008.
Edward Loeb,
Acting Director, Office of Acquisition Policy.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-30 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 2005-30 is
effective February 17, 2009, except for Items VIII and IX, which are
effective January 15, 2009.

    Dated: December 22, 2008.
Shay D. Assad,
Director, Defense Procurement.

    Dated: December 24, 2008.
David A. Drabkin,
 Senior Procurement Executive & Deputy Chief Acquisition Officer,
Office of the Chief Acquisition Officer, U.S. General Services

    Dated: December 22, 2008.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
[FR Doc. E9-553 Filed 1-14-09; 8:45 am]