[Federal Register: August 11, 2009 (Volume 74, Number 153)]
[Rules and Regulations]
[Page 40468]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr11au09-28]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 32 and 52
[FAC 2005-36; Item VII; Docket 2009-0003, Sequence 4]
Federal Acquisition Regulation; Technical Amendments
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This document makes amendments to the Federal Acquisition
Regulation in order to make editorial changes.
DATES: Effective Date: August 11, 2009.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1800 F
Street, NW., Room 4041, Washington, DC, 20405, (202) 501-4755, for
information pertaining to status or publication schedules. Please cite
FAC 2005-35, Technical Amendments.
SUPPLEMENTARY INFORMATION: This document makes amendments to the
Federal Acquisition Regulation in order to make editorial changes.
List of Subjects in 48 CFR Parts 32 and 52
Government procurement.
Dated: August 4, 2009.
Al Matera,
Director, Office of Acquisition Policy.
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Therefore, DoD, GSA, and NASA amend 48 CFR parts 32 and 52 as set forth
below:
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1. The authority citation for 48 CFR parts 32 and 52 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 32--CONTRACT FINANCING
32.503-9 [Amended]
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2. Amend section 32.503-9 in paragraph (a)(7) by removing paragraph
``(a)(4'') and adding paragraph ``(a)(5'') in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.213-4 [Amended]
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3. Amend section 52.213-4 by revising the date of the clause; and
removing from paragraph (a)(2)(vi) ``(Mar 2009'') and adding August 11,
2009 in its place.
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4. Amend section 52.244-6 by--
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a. Revising the date of the clause; and
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b. Revising paragraphs (c)(1)(i), (c)(1)(ii), (c)(1)(iii), (c)(1)(vii),
and (c)(1)(ix) to read as follows:52.244-6 Subcontracts for Commercial
Items.
* * * * *
SUBCONTRACTS FOR COMMERCIAL ITEMS (August 11, 2009)
* * * * *
(c)(1) * * *
(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec
2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if
the subcontract exceeds $5,000,000 and has a performance period of more
than 120 days. In altering this clause to identify the appropriate
parties, all disclosures of violation of the civil False Claims Act or
of Federal criminal law shall be directed to the agency Office of the
Inspector General, with a copy to the Contracting Officer.
(ii) 52.203-15, Whistleblower Protections Under the American
Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5),
if the subcontract is funded under the Recovery Act.(iii) 52.219-8,
Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2)
and (3)), if the subcontract offers further subcontracting
opportunities. If the subcontract (except subcontracts to small
business concerns) exceeds $550,000 ($1,000,000 for construction of any
public facility), the subcontractor must include 52.219-8 in lower tier
subcontracts that offer subcontracting opportunities.
* * * * *
(vii) 52.222-39, Notification of Employee Rights Concerning Payment
of Union Dues or Fees (Dec 2004) (E.O. 13201), if flow down is required
in accordance with paragraph (g) of FAR clause 52.222-39).
* * * * *
(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial
Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow
down is required in accordance with paragraph (d) of FAR clause 52.247-
64.
* * * * *
[FR Doc. E9-19168 Filed 8-10-09; 8:45 am]
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