[Federal Register: August 17, 2007 (Volume 72, Number 159)]
[Rules and Regulations]
[Page 46361-46363]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17au07-30]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 37 and 52
[FAC 2005-19; FAR Case 2006-027; Item XII; Docket 2007-0001, Sequence
5]
RIN 9000-AK54
Federal Acquisition Regulation; FAR Case 2006-027, Accepting and
Dispensing of $1 Coin
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to implement
Section 104 of the Presidential $1 Coin Act of 2005. Section 104
requires that entities that operate any business on any premises owned
or controlled by the United States be capable of accepting and
dispensing $1 coins on and after January 1, 2008.
DATES: Effective Date: August 17, 2007.
Applicability Date: This rule applies to all service contracts that
involve business operations conducted in U.S. coins and currency,
including vending machines, on any premises owned by the U.S. or under
the control of any agency or instrumentality of the U.S. The clause
shall be placed in all such solicitations and contracts on and after
the effective date of this rule.
[[Page 46362]]
Applicable existing contracts whose period of performance extends
beyond January 1, 2008 shall be modified to include the clause.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before October 16, 2007 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-19, FAR case 2006-
027, 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://www.regulations.gov.
Search for any document by first selecting the proper document types
and selecting ``Federal Acquisition Regulation'' as the agency of
choice. At the ``Keyword'' prompt, type in the FAR case number (for
example, FAR Case 2006-001) and click on the ``Submit'' button. Please
include your name and company name (if any) inside the document.
You may also search for any document by clicking on the ``Advanced
search/document search''tab at the top of the screen, selecting from
the agency field ``Federal Acquisition Regulation'', and typing the FAR
case number in the keyword field. Select the ``Submit'' button.
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 FAC 2005-19, FAR
case 2006-027, 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://www.regulations.gov,
including any personal and/or business confidential information
provided.
FOR FURTHER INFORMATION CONTACT: Mr. Michael Jackson, Procurement
Analyst, at (202) 208-4949 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-19, FAR case
2006-027.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule implements the Presidential $1 Coin Act of 2005
(Pub. L. 109-145). The Presidential $1 Coin Act of 2005 requires the
Secretary of the Treasury to mint and issue annually four new $1 coins
bearing the likenesses of the Presidents of the United States in the
order of their service and to continue to mint and issue ``Sacagawea-
design'' coins for circulation. In order to promote circulation of the
coins, Section 104 of the Public Law also requires that Federal
agencies take action so that, by January 1, 2008, entities that operate
any business, including vending machines, on any premises owned by the
United States or under the control of any agency or instrumentality of
the United States, are capable of accepting and dispensing $1 coins and
that the entities display notices of this capability on the business
premises. This will require modification of existing covered contracts
whose period of performance extends beyond the January 1, 2008 date in
order to assure compliance with Section 104 of the Act.
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 interim rule is not expected 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
receiving and dispensing the new coins as part of business operations
should not add to workload or expense. For vending machines already
configured to accept and dispense the Sacagawea $1 coin, which has been
in circulation since January, 2000, there will be no need to change or
modify equipment.
Therefore, an Initial Regulatory Flexibility Analysis has not been
performed. The Councils will consider comments from small entities
concerning the affected FAR Parts 37 and 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 2005-19, FAR case 2006-027), 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.
D. Determination to Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DoD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary to implement the Presidential $1 Coin Act of 2005 which
requires that entities that operate any business on any premises owned
or controlled by the United States be capable of accepting and
dispensing $1 coins. Issuance of an interim rule is necessary to ensure
that the appropriate clause is included in solicitations and contracts
to permit compliance with this requirement by January 1, 2008, in
accordance with the Act. In addition, modifications to existing covered
contracts will be needed in order to comply with the mandated date.
However, pursuant to Public Law 98-577 and FAR 1.501, the Councils will
consider public comments received in response to this interim rule in
the formation of the final rule.
List of Subjects in 48 CFR Parts 37 and 52
Government procurement.
Dated: July 30, 2007.
Al Matera,
Acting Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 37 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 37 and 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).
PART 37--SERVICE CONTRACTING
0
2. Add sections 37.116, 37.116-1, and 37.116-2 to read as follows:
37.116 Accepting and Dispensing of $1 Coin.
37.116-1 Presidential $1 Coin Act of 2005.
This section implements Section 104 of the Presidential $1 Coin Act
of 2005 (31 U.S.C. 5112(p)(1)), which seeks to remove barriers to the
circulation of $1 coins. Section 104 requires that business operations
performed on United States Government premises provide for accepting
and dispensing of existing and proposed $1 coins as part of operations
on and after January 1, 2008.
37.116-2 Contract clause.
Insert the clause at 52.237-11, Accepting and Dispensing of $1
Coin, in solicitations and contracts for the provision of services that
involve business operations conducted in U.S. coins and currency,
including vending machines, on any premises owned by the United States
or under the control of any agency or instrumentality of the United
States.
[[Page 46363]]
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 52.212-5 by revising the date of the clause and adding
paragraph (c)(5) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive
* * * * *
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS-COMMERCIAL ITEMS (AUG 2007)
* * * * *
(c) * * *
------ (5) 52.237-11, Accepting and Dispensing of $1 Coin (AUG
2007)(31 U.S.C. 5112(p)(1)).
* * * * *
0
4. Add section 52.237-11 to read as follows:
52.237-11 Accepting and Dispensing of $1 Coin.
As prescribed in 37.116-2, insert the following clause:
ACCEPTING AND DISPENSING OF $1 COIN (AUG 2007)
(a) This clause applies to service contracts that involve
business operations conducted in U.S. coin and currency, including
vending machines, on any premises owned by the United States or
under the control of any agency or instrumentality of the United
States. All such business operations must be compliant with the
requirements in paragraphs (b) and (c) of this clause on and after
January 1, 2008.
(b) All business operations conducted under this contract that
involve coins or currency, including vending machines, shall be
fully capable of accepting and dispensing $1 coins in connection
with such operations.
(c) The Contractor shall ensure that signs and notices are
displayed denoting the capability of accepting and dispensing $1
coins with business operations on all premises where coins or
currency are accepted or dispensed, including on each vending
machine.
(End of clause)
[FR Doc. 07-3803 Filed 8-16-07; 8:45 am]
BILLING CODE 6820-EP-S