[Federal Register Volume 77, Number 91 (Thursday, May 10, 2012)]
[Rules and Regulations]
[Pages 27551-27552]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-11152]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2012-0081, Sequence 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-59; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA),
[[Page 27552]]
and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
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SUMMARY: This document is issued under the joint authority of DOD, GSA,
and NASA. 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 the rule
appearing in Federal Acquisition Circular (FAC) 2005-59, which amends
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding this rule by referring to FAC 2005-59,
which precedes this document. These documents are also available via
the Internet at http://www.regulations.gov.
DATES: May 10, 2012.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-59 and the FAR case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.
List of Rules in FAC 2005-59
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Item Subject FAR Case Analyst
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I Prohition on Contracting 2012-013 Jackson.
with Inverted Domestic
Corporations.
II Free Trade Agreement-- 2012-012 Davis.
Colombia.
III Revision of Cost 2012-003 Chambers.
Accounting Standards
Threshold.
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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 2005-59 amends the FAR as specified
below:
Item I--Prohibition on Contracting With Inverted Domestic Corporations
(FAR Case 2012-013) (Interim)
This interim rule implements section 738 of Division C of the
Consolidated Appropriations Act, 2012 (Pub. L. 112-74), which prohibits
the award of contracts using Fiscal Year 2012 appropriated funds to any
foreign incorporated entity that is treated as an inverted domestic
corporation or to any subsidiary of such an entity. This interim rule
extends an existing prohibition that applied to use of Fiscal Years
2008 through 2010 funds. Contracting officers are prohibited from
awarding contracts using appropriated funds to any foreign incorporated
entity that is treated as an inverted domestic corporation or to any
subsidiary of such entity, unless an exception applies. The exceptions
are at FAR 9.108-2. This rule is not expected to have an effect on
small business because this rule will only impact an offeror that is an
inverted domestic corporation and wants to do business with the
Government. Small business concerns are unlikely to have been
incorporated in the United States and then reincorporated in a tax
haven.
Item II--Free Trade Agreement--Colombia (FAR Case 2012-012)
This interim rule implements a new Free Trade Agreement with
Colombia (see the United States-Colombia Trade Promotion Agreement
Implementation Act (Pub. L. 112-42) (19 U.S.C. 3805 note)).
This Trade Promotion Agreement is a free trade agreement that
provides for mutually non-discriminatory treatment of eligible products
and services from Colombia. This interim rule is not expected to have a
significant economic impact on a substantial number of small entities.
Item III--Revision of Cost Accounting Standards Threshold (FAR Case
2012-003)
This final rule revises the cost accounting standards (CAS)
threshold in order to implement in the FAR a recent rule of the Cost
Accounting Standards Board and statutory requirements. The threshold
now equals the Truth in Negotiations Act (TINA) threshold, currently
$700,000. There is no impact on small businesses as they are exempt
from CAS pursuant to 48 CFR 9903.201-1(b).
Dated: May 3, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2012-11152 Filed 5-9-12; 8:45 am]
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