[Federal Register: November 14, 2008 (Volume 73, Number 221)]
[Rules and Regulations]
[Page 67649-67650]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr14no08-29]
[[Page 67649]]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1, Parts 2, 22, and 52
Federal Acquisition Regulation; Final Rules and Small Entity Compliance
Guide
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2008-0003, Sequence 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-29; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rule.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 2005-29. 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 date, see the document following this notice.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below in relation to the
FAR case. Please cite FAC 2005-29, FAR Case 2007-013. For information
pertaining to status or publication schedules, contact the FAR
Secretariat at (202) 501-4755.
Rule Listed in FAC 2005-29
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Item Subject FAR case Analyst
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I..................................... Employment Eligibility 2007-013 Murphy.
Verification.
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SUPPLEMENTARY INFORMATION: A summary of the FAR rule follows. For the
actual revisions and/or amendments to this FAR case, refer to FAR Case
2007-013.
FAC 2005-29 amends the FAR as specified below:
Item I--Employment Eligibility Verification (FAR Case 2007-013)
This final rule implements Executive Order 12989, as amended June
6, 2008, and the selection of the Secretary for Homeland Security of
the E-Verify system as the electronic system to be used for certain
contractors and subcontractors as the means of verifying that certain
of their employees are eligible to work in the United States. This
final rule inserts a clause into Federal contracts that are above the
simplified acquisition threshold and have a performance period of at
least 120 days, committing Government contractors to use the U.S.
Citizenship and Immigration Services' E-Verify system to verify that
all of the contractors' new hires, and all employees (existing and new)
directly performing work under Federal contracts, are authorized to
work in the United States.
Exemptions include contracts that are for commercially available
off-the-shelf (COTS) items and items that would be COTS items but for
minor modifications. The final rule requires prime contractors to
include the clause in subcontracts over $3,000 for services or for
construction.
In exceptional circumstances, a head of the contracting activity,
without power of redelegation, is authorized to waive the requirement
to include the clause.
In response to public comments, the final rule significantly
extends the timelines for registering, beginning to use the system for
new and existing employees, and using the program to initiate
verification of new hires.
Applicability to certain entities was limited in the following
ways:
Institutions of higher education need only verify
employees assigned to a covered Federal contract.
State and local governments and Federally Recognized
Indian Tribes need only verify employees assigned to a covered Federal
contract.
Sureties performing under a takeover agreement entered
into with a Federal agency pursuant to a performance bond need only
verify employees assigned to the covered Federal contract.
In addition, the final rule exempts from verification requirements
(a) employees who hold an active security clearance of confidential,
secret, or top secret and (b) employees for whom background
investigations have been completed and credentials issued pursuant to
Homeland Security Presidential Directive (HSPD)-12. Contractors
concerned with costs associated with identifying and separating
existing employees assigned to a Federal contract, for the purpose of
E-Verify, are provided the option of verifying all employees of the
contractor, including any existing employees not currently assigned to
a Government contract.
Dated: November 6, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Federal Acquisition Circular (FAC) 2005-29 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 the FAC 2005-29 is
effective January 15, 2009.
Dated: November 5, 2008.
Linda W. Neilson,
Acting Deputy Director, Defense Procurement, Acquisition Policy, and
Strategic Sourcing (Defense Acquisition Regulations System).
David A. Drabkin,
Senior Procurement Executive & Deputy Chief Acquisition Officer, U.S.
General Services Administration.
Dated: November 5, 2008.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. E8-26906 Filed 11-13-08; 8:45 am]
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