[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Rules and Regulations]
[Page 226-227]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja06-21]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAC 2005-07; FAR Case 2005-006; Item X]
RIN 9000-AK38
Federal Acquisition Regulation; Annual Representations and
Certifications - NAICS Code/Size
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to modify the
provision regarding Annual Representations and Certifications to
include a section whereby the contracting officer can insert the
appropriate North American Industry Classification System (NAICS) code
and small business size standard for the procurement. Its exclusion in
the original drafting of the subject provision was an oversight. When
the FAR provision is included in a solicitation, the provision
regarding Small Business Program Representations, where this
information is normally placed, is not included. Without this change,
there is no standard way in which the NAICS code and small business
size standard can be communicated to the vendor.
DATES: Effective Date: January 3, 2006.
[[Page 227]]
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Gerald Zaffos at (202) 208-6091. The TTY Federal Relay Number for
further information is 1-800-877-8973. Please cite FAC 2005-07, FAR
case 2005-006. For information pertaining to status or publication
schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
The final rule amends the Federal Acquisition Regulation by
modifying the provision at FAR 52.204-8 to include a new paragraph (a)
that replicates the same paragraph of the provision at FAR 52.219-1(a).
Federal Acquisition Circular (FAC) 2001-026 made effective the use
of the provision at FAR 52.204-8 for most procurements. The
prescription for its use also directs that the provision at FAR 52.219-
1(a) not be included in solicitations, as it is now included in the
Online Representations and Certifications Application (ORCA). The FAR
provision at 52.219-1(a), when it is included in solicitations, is the
place wherein the contracting officer includes the NAICS code and small
business size standard applicable to the procurement. There needs to be
a similar paragraph available in FAR 52.204-8, the exclusion of which
was an oversight in FAC 2001-026.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Part 52 in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite 5 U.S.C. 601, et seq. (FAC 2005-07, FAR case
2005-006), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Part 52
Government procurement.
Dated: December 22, 2005.
Gerald Zaffos,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 52.204-8 by--
0
a. Revising the date of the provision;
0
b. Redesignating paragraphs (a) and (b) as paragraphs (b) and (c),
respectively;
0
c. Adding a new paragraph (a); and
0
d. Removing from newly designated paragraph (b)(1) and the introductory
text of paragraph (b)(2) ``paragraph (b)'' and adding ``paragraph (c)''
in its place; and removing from newly redesignated (b)(2)(i) and
(b)(2)(ii) ``Paragraph (b)'' and adding ``Paragraph (c)'' in its place.
0
The revised and added text reads as follows:
52.204-8 Annual Representations and Certifications.
* * * * *
ANNUAL REPRESENTATIONS AND CERTIFICATIONS (JAN 2006)
(a)(1) The North American Industry Classification System (NAICS)
code for this acquisition is -------------- [insert NAICS code].
(2) The small business size standard is -------------- [insert size
standard].
(3) The small business size standard for a concern which submits an
offer in its own name, other than on a construction or service
contract, but which proposes to furnish a product which it did not
itself manufacture, is 500 employees.
* * * * *
[FR Doc. 05-24556 Filed 12-30-05; 8:45 am]
BILLING CODE 6820-EP-S