[Federal Register: July 2, 2010 (Volume 75, Number 127)]
[Rules and Regulations]               
[Page 38673-38675]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

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Part IV

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Regulations; Final Rules

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48 CFR Chapter 1

[Docket FAR 2010-0076, Sequence 5]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-43; 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 (Councils) in this Federal 
Acquisition Circular (FAC) 2005-43. 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 2005-43 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at (202) 501-

                      List of Rules in FAC 2005-43
    Item             Subject             FAR Case           Analyst
I..........  Government Property....        2008-011  Parnell
II.........  Registry of Disaster           2008-035  Gary
              Response Contractors.
III........  Recovery Act                   2010-008  Morgan
              Subcontract Reporting
              Procedures (Interim).
IV.........  Clarification of               2008-023  Cundiff
              Criteria for Sole
              Source Awards to
              Veteran-owned Small
              Business Concerns.
V..........  Trade Agreements               2009-040  Davis
              Thresholds (Interim).

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR cases, refer to 
the specific item number and subject set forth in the documents 
following these item summaries.
    FAC 2005-43 amends the FAR as specified below:

Item I--Government Property (FAR Case 2008-011)

    This final rule amends the FAR to revise FAR part 45 and its 
associated clauses. Changes are being made to FAR parts 2, 4, 15, 32, 
42, 45, and 52. These changes are to clarify and correct the previous 
FAR rule for part 45, Government Property, published under Federal 
Acquisition Circular 2005-17, FAR case 2004-025, May 15, 2007, (72 FR 
27364). Minor changes are made to the proposed rule published August 6, 
2009 (74 FR 39262).
    The rule specifically impacts contracting officers, property 
administrators, and contractors responsible for the management of 
Government property. The rule does not affect the method of managing 
Government property. The rule merely clarifies and corrects the 
previous FAR rule.

Item II--Registry of Disaster Response Contractors (FAR Case 2008-035)

    This final rule adopts, without change, the interim rule 
implementing Public Law 109-295, the Department of Homeland Security 
Appropriations Act, 2007, section 697, which requires the establishment 
and maintenance of a registry of disaster response contractors. The 
Disaster Response Registry is located at http://www.ccr.gov. The 
Federal Emergency Management Agency (within the Department of Homeland 
Security) has a link to the registry for vendors on its Web site at 
http://www.fema.gov/business/contractor.shtm. The Registry covers 
domestic disaster and emergency relief activities.

Item III--Recovery Act Subcontract Reporting Procedures (FAR Case 2010-
008) (Interim)

    This interim rule amends the FAR to revise the clause at FAR 
52.204-11, American Recovery and Reinvestment Act--Reporting 
Requirements. The revised clause will require first-tier subcontractors 
with Recovery Act funded awards of $25,000 or more, to report jobs 
information to the prime contractor for reporting into 
FederalReporting.gov. It also will require the prime contractor to 
submit its first report on or before the 10th day after the end of the 
calendar quarter in which the prime contractor received the award, and 
quarterly thereafter.
    The revised clause will be used for all new solicitations and 
awards issued on or after the effective date of this interim rule. This 
clause is not required for any existing contracts, or task and delivery 
orders issued under a contract, that contain the original clause FAR 
52.204-11 (March 2009). Therefore, this interim rule does not require 
renegotiation of existing Recovery Act contracts that include the 
clause dated March 2009.

Item IV--Clarification of Criteria for Sole Source Awards to Service-
Disabled Veteran-Owned Small Business Concerns (FAR Case 2008-023)

    This final rule amends FAR 19.1406(a) to clarify the criteria that 
need to be met in order to conduct a sole source service-disabled 
veteran-owned small business (SDVOSB) concern acquisition. The FAR 
language is amended to be consistent with the Veterans Benefit Act of 
2003 (15 U.S.C. 657f) and the Small Business Administration's 
regulation (13 CFR 125.20) that implements the Act. This final rule 
also amends FAR 19.1306(a) to clarify the criteria that need to be met 
in order to conduct a sole source for Historically Underutilized 
Business Zone (HUBZone) small business concern acquisitions. These 
amendments to the FAR alleviate confusion for contracting officers on 
the appropriate use of the criteria needed to conduct sole source 
HUBZONE small business and SDVOSB concern acquisitions.

Item V--Trade Agreements Thresholds (FAR Case 2009-040) (Interim)

    This interim rule adjusts the thresholds for application of the 

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Trade Organization Government Procurement Agreement and the free trade 
agreements as determined by the United States Trade Representative, 
according to a pre-determined formula under the agreements.

    Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-43 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 2005-43 is 
effective July 2, 2010, except for Items I, II, and IV which are 
effective August 2, 2010.

    Dated: June 24, 2010.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
    Dated: June 24, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of Acquisition Policy, U.S. 
General Services Administration.
    Dated: June 23, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. 2010-15913 Filed 7-1-10; 8:45 am]