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New FAC Contains Wonderful Thanksgiving Surprise

Don Mansfield


It's been almost 10 months since the FAR Council issued the last Federal Acquisition Circular (FAC). The streak of inactivity will be broken on November 6 when FAC 2005-96 will be published. The FAC contains a single rule that removes the Fair Pay and Safe Workplaces Rule. But that's not what makes the rule so remarkable. Item 16 of the FAC makes changes to the provision at FAR 52.204-8 as follows:




16. Amend section 52.204-8 by—

a.Revising the date of the provision;

b.Removing paragraph (c)(1)(xvi), and Note to Paragraph (c)(1)(xvi); and

c.Redesignating paragraphs (c)(1)(xvii) through (xxv) as (c)(1)(xvi) through (xxiv), respectively.

The revision reads as follows:

Annual Representations and Certifications.






 Notice something strange? See that link to a YouTube Video? That's really there. It's in both the html and pdf versions of the FAC. It is officially contained in the FAR. What is the video? I won't spoil it for you--click and find out.


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Go to it FAR Council.  The future change to this FAC--removing the youtube clip--will provide another opportunity for me to post a FAR change.   I've been waiting since January.

Maybe the FAR Council delayed the issuance of this FAC to make it a seasonal change. :o  

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Looks like Acquisition.gov is also having trouble with how to interpret FAC 2005-96.  It seems they've backdated all the provision/clause changes to "OCT 2017."  I think something must've been rotten in the Swedish Chef's kitchen.

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This will appear in tomorrow's issue of the Federal Register.

In regard to  FAC 2005-96; FAR Case 2017-015


Rule document 2017-23590 originally published on pages 51527 through 51531 in the issue of Monday, November 6, 2017, with an extraneous web address inadvertently inserted. The corrected document is published here in its entirety.


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6 hours ago, policyguy said:

Seems to me to be a technical correction that does not require public comment.  On what basis do you assert that this requires public comment?  

I base it on 41 U.S.C. 1707(a), which clearly states:




§1707. Publication of proposed regulations

(a) Covered Policies, Regulations, Procedures, and Forms.-

(1) https://www.youtube.com/watch?v=U9t-slLl30ERequired comment period.-Except as provided in subsection (d), a procurement policy, regulation, procedure, or form (including an amendment or modification thereto) may not take effect until 60 days after it is published for public comment in the Federal Register pursuant to subsection (b) if it-

(A) relates to the expenditure of appropriated funds; and

(B)(i) has a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure, or form; or

(ii) has a significant cost or administrative impact on contractors or offerors.




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Ha!  "inadvertently inserted", that's funny.  Refreshing to see someone breech (if only for a moment) the sanctimonious self-serious tone that usually pervades these things to have a little fun.  Too bad the stiffs got to it.  Or maybe I'm being too harsh, maybe the "stiffs" knew about this all along and just agreed to leave the link up for a day or so.  I just hope whoever "inadvertently inserted" this doesn't get in any trouble. 

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