[Federal Register: November 7, 2007 (Volume 72, Number 215)]
[Rules and Regulations]
[Page 63088-63089]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr07no07-18]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 22
[FAC 2005-21; FAR Case 2007-001; Item VII; Docket 2007-0001; Sequence
9]
RIN 9000-AK81
Federal Acquisition Regulation; FAR Case 2007-001, Labor
Standards for Contracts Containing Construction Requirements--Contract
Pricing Method References
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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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 revise references
to published pricing sources available to the contracting officer. The
revision will
[[Page 63089]]
provide greater flexibilities for contracting officers when selecting
sources of pricing data.
DATES: Effective Date: December 7, 2007.
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. The TTY
Federal Relay Number for further information is 1-800-877-8973. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-21, FAR case
2007-001.
SUPPLEMENTARY INFORMATION:
A. Background
FAR 22.404-12(c)(2) allows the contracting officer to include in
the contract a separately specified pricing method that permits an
adjustment to the contract price or contract labor unit price at the
exercise of each option to extend the term of the contract. References
to published pricing sources are included to assist the contracting
officer in identifying pricing data to support the pricing method used
to calculate the contract pricing adjustment. This final rule revises
the language at FAR 22.404-12(c)(2) that references published pricing
sources available to the contracting officer. The FAR currently
references a single commercial product and the intent of this change is
to not show favor to any commercial product. The revised language
deletes the specified product and allows the contracting officer to
choose any commercial product.
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 22 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 2005-21, FAR case
2007-001), 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 22
Government procurement.
Dated: October 31, 2007.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 22 as set forth below:
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
1. The authority citation for 48 CFR part 22 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 22.404-12 by revising the third sentence of paragraph
(c)(2) to read as follows:
22.404-12 Labor standards for contracts containing construction
requirements and option provisions that extend the term of the
contract.
* * * * *
(c) * * *
(2) * * * An example of a contract pricing method that the
contracting officer might separately specify is incorporation in the
solicitation and resulting contract of the pricing data from an
annually published unit pricing book (e.g., the U.S. Army Computer-
Aided Cost Estimating System or similar commercial product), which is
multiplied in the contract by a factor proposed by the contractor
(e.g., .95 or 1.1). * * *
* * * * *
[FR Doc. 07-5483 Filed 11-6-07; 8:45 am]
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