[Federal Register: July 1, 2009 (Volume 74, Number 125)]
[Rules and Regulations]               
[Page 31565-31566]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Chapter 1

[Docket FAR 2009-0002, Sequence 5]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-32; 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) 2005-34 which amend the FAR. Interested 
parties may obtain further information regarding these rules by 
referring to FAC 2005-34 which precedes this document. These documents 
are also available via the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT: Hada Flowers, FAR Secretariat, (202) 
208-7282. For clarification of content, contact the analyst whose name 
appears in the table below.

                                          List of Rules in FAC 2005-34
      Item                          Subject                             FAR case                 Analyst
I..............  Contractor Performance Information...........  2006-022                 Parnell.
II.............  Prohibition on Contracting with Inverted       2008-009                 Murphy.
                  Domestic Corporations (Interim).
III............  Role of Interagency Committee on Debarment     2008-028                 Loeb.
                  and Suspension.

[[Page 31566]]

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 2005-34 amends the FAR as specified below:

Item I--Contractor Performance Information (FAR Case 2006-022)

    This final rule amends the FAR to revise the contractor performance 
information process. The FAR revisions include changes to FAR Parts 2, 
8, 9, 13, 17, 36, 42, and 53. The purpose of this final rule is to 
ensure that the FAR clearly reflects the use of the Governmentwide 
performance information repository, Past Performance Information 
Retrieval System (PPIRS) at http://www.ppirs.gov; requires the 
evaluation of past performance for orders exceeding the simplified 
acquisition threshold placed against Federal Supply Schedule contracts, 
or under a task order or delivery order against a contract awarded by 
another Federal agency (i.e. Governmentwide acquisition contract or 
multi-agency contract); recommends past performance information for 
orders under single agency contracts; consolidates the collection of 
past performance guidance in Part 42; and, clarifies that the Agency 
shall identify those responsible for preparing interim and final 

Item II--Prohibition on Contracting with Inverted Domestic Corporations 
(FAR Case 2008-009) (Interim)

    This interim rule implements Section 743 of Division D of the 
Omnibus Appropriations Act, 2009 (Public Law 111-8), which prohibits 
the award of contracts using appropriated funds to any foreign 
incorporated entity that is treated as an inverted domestic corporation 
or to any subsidiary of one. The interim rule addresses solicitations 
issued after the date of publication using funds appropriated in Fiscal 
Years 2006, 2007, and 2008, as well.

Item III--Role of Interagency Committee on Debarment and Suspension 
(FAR Case 2008-028)

    This final rule amends Federal Acquisition Regulation Subpart 9.4 
to clarify the role of the Interagency Committee on Debarment and 
Suspension when more than one agency has an interest in the debarment 
or suspension of a contractor. Among other responsibilities, the 
Interagency Committee on Debarment and Suspension is authorized to 
resolve issues regarding the agency that will have lead responsibility 
in initiating a suspension or debarment proceeding. The Committee will 
also coordinate actions among interested agencies with respect to such 
action. This rule implements the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009, Section 873(a)(1) and (2).

    Dated: June 25, 2009.
Al Matera,
Director, Office of Acquisition Policy.
[FR Doc. E9-15430 Filed 6-30-09; 8:45 am]