[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Rules and Regulations]               
[Page 40457-40459]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 40457]]


Part VI

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Regulation; Final Rules

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48 CFR Chapter 1

[Docket FAR 2009-0001, Sequence 7]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-36; 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) 2005-36. 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 2005-36 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 2005-36
      Item                          Subject                             FAR case                 Analyst
I..............  Federal Technical Data Solution (FedTeDS)....  2008-038                 Loeb.
II.............  Fair Labor Standards Act and Service Contract  2007-021                 Murphy.
                  Act Price Adjustment Clauses.
III............  New Designated Country--Taiwan...............  2009-014                 Murphy.
IV.............  Prohibition on Restricted Business Operations  2008-004                 Murphy.
                  in Sudan and Imports from Burma.
V..............  List of Approved Attorneys, Abstractors, and   2006-013                 Chambers.
                  Title Companies.
VI.............  Cost Accounting Standards (CAS)                2007-002                 Chambers.
                  Administration and Associated Federal
                  Acquisition Regulation Clauses.
VII............  Technical Amendments.........................  .......................  .......................

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 2005-36 amends the FAR as specified below:

Item I--Federal Technical Data Solution (FedTeDS) (FAR Case 2008-038)

    This final rule amends the Federal Acquisition Regulation (FAR) 
subparts 5.1, 5.2, and 7.1 to remove all references to the Federal 
Technical Data Solution (FedTeDS) System, and refer to the enhanced 
capabilities of the Governmentwide Point of Entry (GPE) system. The 
FedTeDS system was used to post on-line technical data packages and 
other items associated with solicitations that required some level of 
access control. It was interfaced directly with the GPE system. In 
April 2008, the newest version of the GPE was launched. This version 
incorporated the capabilities of FedTeDS, allowing the FedTeDS system 
to be retired. This rule will only have a slight impact on Government. 
It will inform and direct both internal and external users to the new 
system and website. This rule does not have a significant impact on any 
automated systems.

Item II--Fair Labor Standards Act and Service Contract Act Price 
Adjustment Clauses (FAR Case 2007-021)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
specifically require the incorporation of FAR clauses 52.222-43, Fair 
Labor Standards Act and Service Contract Act-Price Adjustment (Multiple 
Year and Option Contracts) and 52.222-44, Fair Labor Standards Act and 
Service Contract Act--Price Adjustment, in time-and-materials and 
labor-hour service contracts that are subject to the Service Contract 

Item III--New Designated Country--Taiwan (FAR Case 2009-014) (Interim)

    This interim rule implements in FAR Parts 22, 25, and 52, as 
appropriate, the designation of Taiwan under the World Trade 
Organization Agreement on Government Procurement, which took effect on 
July 15, 2009. This FAR change allows contracting officers to purchase 
goods and services made in Taiwan without application of the Buy 
American Act if the acquisition is covered by the World Trade 
Organization Agreement on Government Procurement.

Item IV--Prohibition on Restricted Business Operations in Sudan and 
Imports from Burma (FAR Case 2008-004)

    This final rule converts the interim rule published in the Federal 
Register at 73 FR 33636 on June 12, 2008, to a final rule with changes. 
This final rule implements Section 6 of the Sudan Accountability and 
Divestment Act of 2007, which requires certification in each contract 
entered into by an executive agency that the contractor does not 
conduct certain business operations in Sudan. In addition, in 
accordance with Executive Orders 13310 and 13448, the Councils added 
Burma to the list of countries from which most imports are prohibited.

Item V--List of Approved Attorneys, Abstractors, and Title Companies 
(FAR Case 2006-013)

    This final rule amends Federal Acquisition Regulation (FAR) 28.203-
3 and 52.228-11 to update the procedures for the acceptance of a bond 
with a security interest in real property. The FAR has relied on the 
Department of Justice (DOJ) to provide a ``List of Approved Attorneys, 
Abstractors, and Title Companies''. However, DOJ has discontinued 
maintenance of the List. Replacing the List, DOJ published ``Title 
Standards 2001'', establishing the evidence requirements for acceptance 

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title to real property for individual sureties.
    The rule also provides that in lieu of evidence of title that is 
consistent with DOJ standards, that sureties may provide a mortgagee 
title insurance policy in an insurance amount equal to the amount of 
the lien.

Item VI--Cost Accounting Standards (CAS) Administration and Associated 
Federal Acquisition Regulation Clauses (FAR Case 2007-002)

    This final rule converts, without change, the interim rule 
published in the Federal Register at 73 FR 54011 September 17, 2008. No 
comments were received in response to the interim rule. The interim 
rule amended the Federal Acquisition Regulation (FAR) to revise FAR 
30.201-4(b)(1) and FAR 52.230-1 through 52.230-5 to maintain 
consistency between the Federal Acquisition Regulation (FAR) and Cost 
Accounting Standards (CAS) regarding the administration of the CAS 
Board's rules, regulations and standards.
    Effective June 14, 2007, the CAS Board amended the contract clauses 
contained in its rules and regulations at 48 CFR 9903.201-4, pertaining 
to the administration of CAS, to adjust the CAS applicability threshold 
in accordance with section 822 of the 2006 National Defense 
Authorization Act (Pub. L. 109-163). That section amended 41 U.S.C. 
422(f)(2)(A) to require that the threshold for CAS applicability be the 
same as the threshold for compliance with the Truth in Negotiations Act 

Item VII--Technical Amendments

    Editorial changes are made at FAR 32.503-9, 52.213-4, and 52.244-6.

    Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
    Federal Acquisition Circular (FAC) 2005-36 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 2005-36 is 
effective August 11, 2009, except for Items I, II, and V, which are 
effective September 10, 2009.

    Dated: August 3, 2009.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.

    Dated: August 3, 2009.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of the Chief Acquisition 
Officer, U.S. General Services Administration.

    Dated: August 3, 2009.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. E9-19161 Filed 8-10-09; 8:45 am]