fac2005-18

FAC 2005-15

[Federal Register: July 5, 2007 (Volume 72, Number 128)]

From the Federal Register Online via GPO Access [wais.access.gpo.gov]

48 CFR Chapter 1, Parts 4, 17, et al.

Federal Acquisition Regulations; Interim Rules and Small Entity Compliance Guide

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Regulation; Federal Acquisition Circular 2005-18; Introduction

AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of interim rule.

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) 2005-18. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://www.regulations.gov/.

DATES: For effective dates and comment dates, see separate documents which follow.

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 2005-18 FAR Case 2006-032. Interested parties may also visit our website at http://www.regulations.gov. For

information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501-4755.

Rule listed in FAC 2005-18

SUPPLEMENTARY INFORMATION: A summary of the FAR rule follows. For the actual revisions and/or amendments to this FAR case, refer to FAR Case 2006-032. FAC 2005-18 amends the FAR as specified below:

Item I--Small Business Size Rerepresentation (FAR Case 2006-032)

Federal Acquisition Circular

[Rules and Regulations

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 17, 19, and 52

[FAC 2005-18; FAR Case 2006-032; Item I;

Federal Acquisition Regulation; FAR Case 2006-032, Small Business Size Rerepresentation

AGENCIES: Department of Defense (DoD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Small Business Administration's (SBA) final rule published on November 15, 2006 (71 FR 66434), entitled ``Small Business Size Regulations; Size for Purposes of Government-wide Acquisition Contracts, Multiple Award Schedule Contracts and Other Long-Term Contracts; 8(a) Business Development/Small Disadvantaged Business; Business Status Determinations.'' The purpose of the SBA rule is to improve the accuracy of small business size status reporting over the life of certain contracts.

DATES: Effective Date: June 30, 2007.

This rule applies to solicitations issued and contracts awarded on or after June 30, 2007.

Applicability to contracts awarded prior to June 30, 2007: Contracting officers must modify existing long-term contracts, as defined in the interim rule at FAR 19.301-2(a), awarded to small businesses to include the clause at 52.219-28, Post-Award Small Business Program Rerepresentation. Contracting officers must also modify contracts awarded to small business concerns, other than long-term contracts, to include the clause at 52.219-28, at the time that an option is exercised.

ADDRESSES: Submit comments identified by FAC 2005-18, FAR case 2006-032, by any of the following methods:

Search for any document by first selecting the proper document types and selecting ``Federal Acquisition Regulation'' as the agency of choice. At the ``Keyword'' prompt, type in the FAR case number (for example, FAR Case 2006-001) and click on the ``Submit'' button.

FOR FURTHER INFORMATION CONTACT: Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-0044 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501-4755. Please cite FAC 2005-18, FAR case 2006-032.

SUPPLEMENTARY INFORMATION:

B. Regulatory Flexibility Act

business prime contracting statistics. The rule provides for more

accurate statistics through rerepresentations on contracts and using

the size status in effect at the time of the rerepresentation. An Initial Regulatory Flexibility Analysis (IRFA) has been prepared. The analysis is summarized as follows:

List of Subjects in 48 CFR Parts 4, 17, 19, and 52

Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 17, 19, and 52 as set forth below:

1. The authority citation for 48 CFR parts 4, 17, 19, and 52 continues to read as follows:

PART 4--ADMINISTRATIVE MATTERS

2. Amend section 4.602 by adding a new paragraph (f) to read as follows:

* * * * *

3. Revise the heading of subpart 4.12 to read as follows:

Subpart 4.12--Representations and Certifications.

4. Revise the introductory text of section 4.1200 to read as follows:

* * * * *

5. Amend section 4.1201 by redesignating paragraph (b) as (b)(1) and adding a new (b)(2); and revising paragraph (c) to read as follows:

* * * * *

PART 17--SPECIAL CONTRACTING METHODS

6. Amend section 17.207 by revising paragraph (e) to read as follows:

* * * * *

* * * * *

PART 19--SMALL BUSINESS PROGRAMS

7. Amend section 19.202-5 by adding a new paragraph (c) to read as follows:

* * * * *

8. Amend section 19.301 by--

a. Redesignating section 19.301 as subsection 19.301-1;

b. Adding new section 19.301; and

c. Adding new subsections 19.301-2 and 19.301-3.

The revised and added text read as follows:

* * * * *

9. Amend section 19.302 by revising the section heading, paragraphs (c)(1), (f), and (g), and adding new paragraph (k) to read as follows:

* * * * *

* * * * *

* * * * *

10. Amend section 19.308 by revising the section heading and paragraph (a)(2); and adding a new paragraph (d) to read as follows:

* * * * *

11. Revise section 19.804-6 to read as follows:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

12. Amend section 52.212-5 by--

a. Revising the date of the clause and paragraph (b)(14);

b. Redesignating paragraphs (b)(15) through (36) as paragraphs (b)(16) through (37) respectively; and

c. Adding a new paragraph (b)(15).

The revised and added text read as follows:

EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUNE 2007)

* * * * *

* * * * *

13. Add section 52.219-28 to read as follows:

the contract; and

and title].

(End of clause)

END OF FAC 2005-18