[Federal Register: March 22, 2007 (Volume 72, Number 55)]
[Rules and Regulations]
[Page 13583-13585]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22mr07-15]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 4, 13, 22, et al.
Federal Acquisition Regulations; Final Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR--2007-0002, Sequence 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-16; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of interim and final rules.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 2005-16. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
DATES: For effective dates and comment dates, see separate documents,
which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to each FAR case or subject area. Please cite
FAC 2005-16 and specific FAR case number(s). For information pertaining
to status or publication schedules, contact the FAR Secretariat at
(202) 501-4755.
List of Rules in FAC 2005-16
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Item Subject FAR case Analyst
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I.............. Implementation of Wage Determinations OnLine 2005-033 Woodson.
(WDOL).
II............. Termination or Cancellation of Purchase 2005-029 Jackson.
Orders.
III............ Contracts with Religious Entities (Interim).. 2006-019 Woodson.
IV............. Contract Terms and Conditions Required to 2006-012 Jackson.
Implement Statute or Executive Orders--
Commercial Items.
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments to these FAR cases, refer to the
specific item number and subject set forth in the documents following
these item summaries.
FAC 2005-16 amends the FAR as specified below:
Item I--Implementation of Wage Determinations OnLine (WDOL) (FAR Case
2005-033)
This final rule implements the Department of Labor (DOL) Wage
Determinations OnLine (WDOL) Internet website as the source for Federal
contracting agencies to obtain wage determinations issued by the DOL
for service contracts subject to the McNamara-O'Hara Service Contract
Act (SCA) and for construction contracts subject to the Davis-Bacon Act
(DBA). The rule amends the FAR to direct Federal contracting agencies
to obtain DBA and SCA wage determinations from the WDOL website.
The WDOL and e98 processes replace the paper Standard Forms 98 and
98a. In addition, Standard Forms 98, 98a, and 99 are deleted from FAR
Part 53. This final rule also incorporates new geographical
jurisdictions for DOL's Wage and Hour Regional Offices and eliminates
FAR references to the Government Printing Office publication of general
wage determinations.
Item II--Termination or Cancellation of Purchase Orders (FAR Case 2005-
029)
The rule revises the Federal Acquisition Regulation (FAR) to
correct the inadvertent omission of an appropriate reference in FAR
Part 13.302-4(a) for termination for cause of those purchase orders
that have been accepted in writing. This FAR revision is a correction
to a reference and not a change to the contract termination options
available in 52.212-4(l) or (m). If a purchase order that has been
accepted in writing by the contractor is to be terminated, contracting
officers have the option to terminate for cause as well as terminate
for convenience.
Item III--Contracts with Religious Entities (FAR Case 2006-019)
(Interim)
This interim rule amends FAR Subpart 22.8, Equal Employment
Opportunity, and the associated clause at 52.222-26, Equal Opportunity,
to add an exemption for religious entities to the prohibition of
discrimination on the basis of religion. Executive Order (E.O.) 13279
amended Section 204 of E.O. 11246 to permit religious entities to
consider employment of individuals of a particular religion to perform
work connected with carrying on the entity's activities. Religious
entities remain subject to other Equal Employment Opportunity
requirements. When awarding a contract to a religious entity that
contains the clause at FAR 52.222-26, Equal Opportunity, the
requirements of the clause with respect to employment of individuals of
a particular religion to perform work connected with the carrying on of
the contractor's activities do not apply to a contractor that is a
religious corporation, association, educational institution, or
society.
Item IV--Contract Terms and Conditions Required to Implement Statute or
Executive Orders--Commercial Items (FAR Case 2006-012)
The final rule revises the Federal Acquisition Regulation (FAR) to
update the required contract clauses that implement provisions of law
or executive orders for acquisitions of commercial items.
Dated: March 15, 2007.
Ralph De Stefano,
Director, Contract Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-16 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2005-16 is
effective March 22, 2007.
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Dated: March 7, 2007.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: March 14, 2007.
Roger D. Waldron,
Acting Senior Procurement Executive, General Services Administration.
Dated: March 7, 2007.
Tom Luedtke,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 07-1359 Filed 3-21-07; 8:45 am]
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