[Federal Register: July 26, 2006 (Volume 71, Number 143)]
[Proposed Rules]
[Page 42344-42345]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr26jy06-27]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2006-012; Docket 2006-0020; Sequence 4]
RIN: 9000-AK51
Federal Acquisition Regulation; FAR Case 2006-012; Contract Terms
and Conditions Required to Implement Statute or Executive Orders--
Commercial Items
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to update the required contract
clauses that implement provisions of law or executive orders for
acquisitions of commercial items.
DATES: Interested parties should submit written comments to the FAR
Secretariat on or before September 25, 2006 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2006-012 by any of
the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://acquisition.gov. Follow
the instructions for submitting comments.
Agency Web site: http:// acquisition.gov/far/
ProposedRules/proposed.htm. Click on the FAR case number to submit
comments.
E-mail: farcase.2006-012@gsa.gov. Include FAR case 2006-
012 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2006-
012 in all correspondence related to this case. All comments received
will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://acquisition.gov/far/ProposedRules/proposed.htm
, including any personal and/or business
confidential information provided.
[[Page 42345]]
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Michael O. Jackson, Procurement Analyst, at (202) 208-4949. Please
cite FAR case 2006-012. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
In accordance with Section 8002 of Public Law 103-355 (41 U.S.C.
264, note), contract clauses applicable to acquisitions of commercial
items are limited, to the maximum extent practicable, to clauses that
are--
(1)Required to implement provisions of law or executive orders
applicable to the acquisition of commercial items; or
(2)Determined to be consistent with customary commercial practice.
The clause at FAR 52.212-5, Contract Terms and Conditions Required
to Implement Statutes or Executive Orders --Commercial Items,
incorporates, by reference, the contract clauses that the contracting
officer may select to implement provisions of law or executive orders
for acquisitions of commercial items. The clause at FAR 52.219-16,
Liquidated Damages--Subcontracting Plan, is a contract clause that is
required to implement 15 U.S.C. 637(d)(4)(F)(i). However, the clause at
FAR 52.219-16 is not included in the list of clauses for commercial
contracts in FAR 52.212-5. This proposed rule will incorporate the
clause at FAR 52.219-16 in the list of clauses for commercial contracts
that the contracting officer may select.
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 Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule merely clarifies existing language and does not change
existing policy. Therefore, an Initial Regulatory Flexibility Analysis
has not been performed. The Councils will consider comments from small
entities concerning the affected FAR clause at 52.212-5 in accordance
with 5 U.S.C. 610. Interested parties must submit such comments
separately and should cite FAR case 2006-012.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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: July 19, 2006.
Ralph De Stefano
Director, Contract Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR Part 52 as
set forth below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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).
2. Amend section 52.212-5 by redesignating paragraphs (b)(10)
through (b)(35) as (b)(11) through (b)(36), respectively, and adding a
new (b)(10) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement
Statues or Executive Orders--Commercial Items.
* * * * *
(b) * * *
* * * * *
(10) 52.219-16, Liquidated Damages-Subcontracting Plan [Date](15
U.S.C. 637(d)(4)(F)(i)).
[FR Doc. 06-6471 Filed 7-25-06; 8:45 am]
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