[Federal Register: July 2, 2010 (Volume 75, Number 127)]
[Rules and Regulations]               
[Page 38691-38692]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Chapter 1

[Docket FAR 2010-0077, Sequence 5]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-43; 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) 2005-43 which amend the FAR. An asterisk (*) 
next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding these rules by referring to FAC 2005-31, which precedes this 
document. These documents are also available via the Internet at http:/

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below. Please cite FAC 2005-43 and the specific FAR case number. 
For information pertaining to status or publication schedules, contact 
the FAR Secretariat at (202) 501-4755.

                                          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 Subcontract            2010-008  Morgan
                                       Reporting Procedures
                                       (Interim) *.
IV..................................  Clarification of Criteria           2008-023  Cundiff
                                       for Sole Source Awards to
                                       Service-disabled Veteran-
                                       owned Small Business
V...................................  Trade Agreements Thresholds         2009-040  Davis

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

[[Page 38692]]

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 have a significant economic 
impact on small entities because the rule does not impose any 
additional requirements on small businesses. 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 
World Trade Organization Government Procurement Agreement and the other 
Free Trade Agreements as determined by the United States Trade 
Representative, according to a pre-determined formula under the 

    Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-15906 Filed 7-1-10; 8:45 am]