Federal Register: December 20, 2004 (Volume 69, Number 243)
DOCID: FR Doc 04-27632
DEPARTMENT OF DEFENSE
U.S. Citizenship and Immigration Services
NOTICE: Part V
DOCUMENT ACTION: Summary presentation of final rules and a technical amendment.
SUBJECT CATEGORY:
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
DATES: For effective dates and comment dates, see separate documents which follow.
DOCUMENT 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) 200126. 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.acqnet.gov/far.
SUMMARY:
Defense Department; General Services Administration; National Aeronautics and Space Administration,
DOCUMENT BODY 2:
48 CFR Chapter 1
Federal Acquisition Circular 200126; Introduction
SUPPLEMENTAL 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 200126 amends the FAR as specified below:
Item IElectronic Representations and Certifications (FAR Case 2002 024)
This final rule requires offerors to provide representations and
certifications electronically via the BPN website; to update the
representations and certifications as necessary, but at least annually,
to keep them current, accurate and complete; and to make changes that
affect only one solicitation by completing the appropriate sections of
either paragraph (j) of FAR provision 52.2123 or FAR provision 52.204
8, whichever is included in the solicitation. This change represents a
conversion of a paperbased process to a more efficient electronic
process to obtain offerors' representations and certifications. It will
also significantly reduce the paperwork burden for both offerors and contracting officers.
Item IIExcluded Parties List System Enhancement (FAR Case 2002023)
This final rule amends the FAR to incorporate the Excluded Parties
List System (EPLS), GSA's new searchable online electronic list of
parties excluded from doing business with the Federal Government. The
EPLS enables agencies to directly input data into this system and
obviates the need for the hard copy List of Parties Excluded from
Federal Procurement and Nonprocurement Programs. The EPLS will provide
more uptodate and readily accessible information to the contracting
officer on parties excluded from doing business with the Federal Government.
Item IIISpecial Emergency Procurement Authority (FAR Case 2003022)
This rule finalizes the interim rule 2003022 by including under
FAR subpart 13.5 the acquisition of supplies and services that meet the
definition of a commercial item in FAR 2.101, and which, as determined
by the head of the agency, are to be used to support a contingency
operation. This final rule implements Section 1443 of the Services
Acquisition Reform Act of 2003 (41 U.S.C. 428a) and also incorporates
the higher thresholds authorized by Section 822 of the Ronald W. Reagan
National Defense Authorization Act for Fiscal Year 2005. This rule
allows the contracting officer expanded use of Simplified Acquisition
and Commercial Items procedures when acquiring supplies or services
that, as determined by the head of the agency, are to be used in
support of a contingency operation or to facilitate the defense against
or the recovery from nuclear, biological, chemical or radiological attack.
Item IVNotification of Employee Rights Concerning Payment of Union Dues or Fees (FAR Case 2004010) (Interim)
This interim rule amends FAR Parts 2, 22, and 52 to implement
Executive Order (E.O.) 13201, Notification of Employee Rights
Concerning Payment of Union Dues or Fees, and Department of Labor
regulations at 29 CFR part 470. The rule requires Government
contractors and subcontractors to post notices informing their
employees that under Federal law they cannot be required to join a
union or maintain membership in a union to retain their jobs. The
required notice also advises employees who are not union members that
they can object to the use of their union dues for certain purposes.
This rule applies to Federal contractors and subcontractors with
contracts or subcontracts that exceed the simplified acquisition
threshold, unless covered by an exemption granted by the Secretary of Labor.
Item VMentor Prot[eacute]g[eacute] ProgramDelegation of Approval
Authority for Mentor Prot[eacute]g[eacute] Agreements (FAR Case 2003 010)
This final rule amends FAR 19.702, Statutory Requirements, to
change the approval authority of the Mentor Prot[eacute]g[eacute]
Agreements to the DoD Military Departments or Defense Agencies and to
make some minor changes for clarification. This change is being made in order for DoD to streamline and
[[Page 76341]]
transform itself to more effectively achieve its mission.
Item VIApplicability of the Cost Principles and Penalties for Unallowable Costs (FAR Case 2001018)
This final rule increases the threshold at FAR 42.709(b) and FAR 42.7096 from $500,000 to $550,000 for contracts subject to penalties if a contractor includes expressly unallowable costs in a claim for reimbursement. The threshold was increased to reflect inflation and is authorized by 10 U.S.C. 2324(l) and 41 U.S.C. 256(l).
The rule is of importance to contracting officers and contractors who negotiate contracts and modifications, and determine costs in accordance with FAR Part 31 contract cost principles.
Item VIITechnical Amendments
Editorial changes are made at FAR 11.201(d)(2)(i), 41.301(a),
44.203(b)(1), 51.102(c)(1), and in the introductory text of FAR provision 52.2191 in order to update references.
Dated: December 9, 2004.
Laura Auletta,
Director, Contract Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 200126 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 200126 is
effective December 20, 2004, except for Item I, which is effective
January 1, 2005, and Items II, III, V, and VI, which are effective January 19, 2005.
Dated: December 6, 2004.
Deidre A. Lee,
Director, Defense Procurement and Acquisition Policy.
Dated: December 8, 2004.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer, General Services Administration.
Dated: December 2, 2004.
Tom Luedtke,
Deputy Chief Acquisition Officer, National Aeronautics and Space
Administration.
FOR FURTHER INFORMATION CONTACT
The FAR Secretariat, at (202) 501-
4755, for information pertaining to status or publication schedules.
For clarification of content, contact the analyst whose name appears in
the table below in relation to each FAR case or subject area. Please
cite FAC 200126 and specific FAR case number(s). Interested parties
may also visit our website at http://www.acqnet.gov/far.
Item Subject FAR case Analyst
I.............. Electronic Representations and Certifications 2002024 Zaffos.
II............. Excluded Parties List System Enhancement..... 2002023 Goral.
III............ Special Emergency Procurement Authority...... 2003022 Zaffos.
IV............. Notification of Employee Rights Concerning 2004010 Goral. Payment of Union Dues or Fees (Interim).
V.............. Mentor Prot[eacute]g[eacute] Program 2003010 Cundiff.
Delegation of Approval Authority for Mentor Prot[eacute]g[eacute] Agreements.
VI............. Applicability of the Cost Principles and 2001018 Loeb. Penalties for Unallowable Costs.
VII............ Technical Amendments.........................