[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56737-56738]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22572]

[[Page 56737]]

Vol. 77


No. 178

September 13, 2012

Part III

Department of Defense


General Services Administration


National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / 
Rules and Regulations

[[Page 56738]]





48 CFR Chapter 1

[Docket FAR 2012-0080, Sequence 6]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-61; Introduction

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

ACTION: Summary presentation of final 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) 2005-61. 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 2005-61 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 2005-61
     Item                Subject             FAR Case         Analyst
I.............  United States--Korea            2012-004  Davis.
                 Free Trade Agreement.
II............  Delete Outdated FAR             2012-026  Lague.
                 Reference Lague to the
                 DoD Industrial
                 Preparedness Program.
III...........  NAICS and Size Standards        2012-021  Morgan.
IV............  Bid Protest and Appeal          2012-008  Loeb.
V.............  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 subjects set forth in the documents 
following these item summaries. FAC 2005-61 amends the FAR as specified 

Item I--United States-Korea Free Trade Agreement (FAR Case 2012-004)

    This final rule adopts without change the interim rule published in 
the Federal Register on March 7, 2012 (77 FR 13952), to implement the 
United States-Korea Free Trade Agreement. The Republic of Korea is 
already party to the World Trade Organization Government Procurement 
Agreement (WTO GPA). The Korea Free Trade Agreement now covers 
acquisition of supplies and services between $100,000 and the current 
WTO GPA threshold of $202,000. This final rule will not have a 
significant economic impact on a substantial number of small entities.

Item II--Delete Outdated FAR Reference to the DoD Industrial 
Preparedness Program (FAR Case 2012-026)

    This final rule amends the FAR to delete outdated references to the 
``DoD Industrial Preparedness Program'', which is no longer in 
existence. There is no impact to the Government or small business 
because this program was discontinued in 1992.

Item III--NAICS and Size Standards (FAR Case 2012-021)

    This final rule amends the FAR to clarify that new North American 
Industry Classification System codes are not available for use in 
Federal contracting until the Small Business Administration publishes 
corresponding industry size standards. Published size standards are 
available on the SBA's Web site and at 13 CFR 121.201. The clarifying 
language is provided for informational purposes and only addresses 
internal Government policies and procedures. This rule will not have a 
significant impact on the Government, and does not impose additional 
requirements on small businesses.

Item IV--Bid Protest and Appeal Authorities (FAR Case 2012-008)

    This final rule amends FAR part 33 to note that there are other 
Federal-court related protest authorities and dispute-appeal 
authorities that are not covered by FAR part 33. This rule also 
provides contracting officers with appropriate references to their 
office of legal counsel and the Web site for the rules of the U.S. 
Court of Federal Claims. This is a final rule because it only impacts 
the Federal Government's internal operating procedures.

Item V--Technical Amendments

    Editorial changes are made at FAR 7.403 and 15.404-1.

Dated: September 7, 2012.

Laura Auletta,

Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Federal Acquisition Circular (FAC) 2005-61 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 2005-61 is 
effective September 13, 2012, except for Item II and III which are 
effective October 15, 2012.

    Dated: September 5, 2012.
Amy G. Williams,
Acting Deputy Director, Defense, Procurement and Acquisition Policy.
    Dated: September 5, 2012.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.
    Dated: September 5, 2012.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. 2012-22572 Filed 9-12-12; 8:45 am]