[Federal Register: May 31, 2011 (Volume 76, Number 104)]
[Rules and Regulations]
[Page 31424]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my11-25]
[[Page 31424]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0077, Sequence 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-52; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of DOD, GSA,
and NASA. This Small Entity Compliance Guide has been prepared in
accordance with section 212 of the Small Business Regulatory
Enforcement Fairness Act of 1996. It consists of a summary of rules
appearing in Federal Acquisition Circular (FAC) 2005-52, which amend
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2005-52,
which precedes this document. These documents are also available via
the Internet at http://www.regulations.gov.
DATES: For effective dates see separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below. Please cite FAC 2005-52 and the specific FAR case number.
For information pertaining to status or publication schedules, contact
the Regulatory Secretariat at (202) 501-4755.
List of Rules in FAC 2005-52
------------------------------------------------------------------------
Item Subject FAR Case Analyst
------------------------------------------------------------------------
I................ Sustainable 2010-001 Clark.
Acquisition.
II............... Contract Closeout.... 2008-020 McFadden.
III.............. Prohibition on 2008-009 Davis.
Contracting with
Inverted Domestic
Corporations.
IV............... Buy American 2009-039 Davis.
Exemption for
Commercial
Information
Technology--Construc
tion Material.
V................ Oversight of 2010-017 Robinson.
Contractor Ethics
Programs.
VI............... Technical Amendments.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR cases, refer to
the specific item numbers and subject set forth in the documents
following these item summaries. FAC 2005-52 amends the FAR as specified
below:
Item I--Sustainable Acquisition (FAR Case 2010-001) (Interim)
This interim rule amends the FAR to implement Executive Order
13514, Federal Leadership in Environmental, Energy, and Economic
Performance, and Executive Order 13423, Strengthening Federal
Environmental, Energy, and Transportation Management. It requires
Federal agencies to leverage agency acquisitions to foster markets for
sustainable technologies, materials, products, and services. Federal
agencies are additionally required to implement high-performance
sustainable building design, construction, renovation, repair,
commissioning, operation and maintenance, management, and
deconstruction practices in applicable acquisitions. Contractors will
be required to support the goals of an agency's environmental
management system.
Item II--Contract Closeout (FAR Case 2008-020)
This final rule amends the FAR procedures for closing out
contracts. A proposed rule was published August 20, 2009. This rule
revises procedures and sets forth a timeframe for clearing final patent
reports; updates quick-closeout procedures, including applicable
thresholds; sets forth a description of an adequate final indirect cost
rate proposal and supporting data; and adds language for withholding
fees to protect the Government's interest and encourage timely
submissions of an adequate final indirect cost rate proposal. The rule
does not impose any additional requirements on small businesses.
Item III--Prohibition on Contracting With Inverted Domestic
Corporations (FAR Case 2008-009)
This final rule implements section 740 of Division C of the
Consolidated Appropriations Act, 2010 (Pub. L. 111-117) and similar
restrictions in 2008 and 2009 appropriations acts, which prohibit the
award of contracts using appropriated funds to any foreign incorporated
entity that is treated as an inverted domestic corporation or to any
subsidiary of one, except as permitted in specific exceptions as set
forth in the rule. The rule does not impose any requirements on small
businesses.
Item IV--Buy American Exemption for Commercial Information Technology--
Construction Material (FAR Case 2009-039)
This rule adopts as final, without change, an interim rule. The
interim rule amended the FAR to implement section 615 of Division C,
Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111-
117). Section 615 authorizes exemption from the Buy American Act for
acquisition of information technology that is a commercial item.
Item V--Oversight of Contractor Ethics Programs (FAR Case 2010-017)
This final rule modifies FAR 42.302, Contract Administration
Functions, to add to the list of contract administration functions, the
function of ensuring that contractors have implemented FAR 52.203-13,
Contractor Code of Business Ethics and Conduct.
Contracting officers may ask to see a contractor's code of ethics
or a contractor's ethics program, but the contracting officer is not
required to ask for a copy of any documents.
Item VI--Technical Amendments
Editorial changes are made at FAR 52.212-3, 53.301-1447, 53.301-
1449, and 52.302-347.
Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
[FR Doc. 2011-12857 Filed 5-27-11; 8:45 am]
BILLING CODE 6820-EP-P