[Federal Register: May 31, 2011 (Volume 76, Number 104)]
[Rules and Regulations]               
[Page 31393-31395]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 31393]]

Vol. 76


No. 104

May 31, 2011

Part II

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1

7 CFR Part 319


Federal Acquisition Regulation; Federal Acquisition Circular 2005-52; 
Final Rules

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48 CFR Chapter 1

[Docket FAR 2011-0076, Sequence 4]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-52; Introduction

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final and interim rules.


SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by DoD, GSA, and NASA in this Federal Acquisition 
Circular (FAC) 2005-52. 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 2005-52 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 2005-52
      Item                Subject            FAR case        Analyst
I...............  Sustainable Acquisition     2010-001  Clark.
II..............  Contract Closeout......     2008-020  McFadden.
III.............  Prohibition on              2008-009  Davis.
                   Contracting with
                   Inverted Domestic
IV..............  Buy American Exemption      2009-039  Davis.
                   for Commercial
                   on Material.
V...............  Oversight of Contractor     2010-017  Robinson.
                   Ethics Programs.
VI..............  Technical Amendments...

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 numbers and subject set forth in the documents 
following these item summaries. FAC 2005-52 amends the FAR as specified 

Item I--Sustainable Acquisition (FAR Case 2010-001) (Interim)

    This interim rule amends the FAR to implement Executive Order 
13514, Federal Leadership in Environmental, Energy, and Economic 
Performance, and Executive Order 13423, Strengthening Federal 
Environmental, Energy, and Transportation Management. It requires 
Federal agencies to leverage agency acquisitions to foster markets for 
sustainable technologies, materials, products, and services. Federal 
agencies are additionally required to implement high-performance 
sustainable building design, construction, renovation, repair, 
commissioning, operation and maintenance, management, and 
deconstruction practices in applicable acquisitions. Contractors will 
be required to support the goals of an agency's environmental 
management system.

Item II--Contract Closeout (FAR Case 2008-020)

    This final rule amends the FAR procedures for closing out 
contracts. A proposed rule was published August 20, 2009. This rule 
revises procedures and sets forth a timeframe for clearing final patent 
reports; updates quick-closeout procedures, including applicable 
thresholds; sets forth a description of an adequate final indirect cost 
rate proposal and supporting data; and adds language for withholding 
fees to protect the Government's interest and encourage timely 
submissions of an adequate final indirect cost rate proposal. The rule 
does not impose any additional requirements on small businesses.

Item III--Prohibition on Contracting With Inverted Domestic 
Corporations (FAR Case 2008-009)

    This final rule implements section 740 of Division C of the 
Consolidated Appropriations Act, 2010 (Pub. L. 111-117) and similar 
restrictions in 2008 and 2009 appropriations acts, which prohibit 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, except as permitted in specific exceptions as set 
forth in the rule. The rule does not impose any requirements on small 

Item IV--Buy American Exemption for Commercial Information Technology--
Construction Material (FAR Case 2009-039)

    This rule adopts as final, without change, an interim rule. The 
interim rule amended the FAR to implement section 615 of Division C, 
Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111-
117). Section 615 authorizes exemption from the Buy American Act for 
acquisition of information technology that is a commercial item.

Item V--Oversight of Contractor Ethics Programs (FAR Case 2010-017)

    This final rule modifies FAR 42.302, Contract Administration 
Functions, to add to the list of contract administration functions, the 
function of ensuring that contractors have implemented FAR 52.203-13, 
Contractor Code of Business Ethics and Conduct.
    Contracting officers may ask to see a contractor's code of ethics 
or a contractor's ethics program, but the contracting officer is not 
required to ask for a copy of any documents.

Item VI--Technical Amendments

    Editorial changes are made at FAR 52.212-3, 53.301-1447, 53.301-
1449, and 52.302-347.

    Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.

    Federal Acquisition Circular (FAC) 2005-52 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and 
Space Administration.

    Unless otherwise specified, all Federal Acquisition Regulation 

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and other directive material contained in FAC 2005-52 is effective May 
31, 2011, except for Items II and V which are effective June 30, 2011.

    Dated: May 18, 2011.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
    Dated: May 17, 2011.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.
    Dated: May 17, 2011.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. 2011-12850 Filed 5-27-11; 8:45 am]