Federal Register: March 19, 2010 (Volume 75, Number 53)
DOCID: fr19mr10-12 FR Doc 2010-5984
DEPARTMENT OF DEFENSE
United States Mint
CFR Citation: 48 CFR Chapter 1
NOTICE: Part IV
DOCUMENT ACTION: Summary presentation of rules.
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
DATES: For effective dates and comment dates, see separate documents, which follow.
This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 200539. 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.
National Aeronautics and Space Administration
DOCUMENT BODY 2:
48 CFR Chapter 1
[Docket FAR 20100076, Sequence 1]
Federal Acquisition Regulation; Federal Acquisition Circular 200539; Introduction
Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR cases, refer to
the specific item number and subject set forth in the documents following these item summaries.
FAC 200539 amends the FAR as specified below:
Item IExtend Use of Simplified Acquisition Procedures for Certain Commercial Items (FAR Case 2009035)
This final rule amends the FAR to implement section 816 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2010. The rule extends for two more years the commercial items test program in FAR subpart 13.5. The program was to expire January 1, 2010. Item IIClarification of Submission of Cost or Pricing Data on Non Commercial Modifications of Commercial Items (FAR Case 2008012)
This final rule adopts, with minor changes, the interim rule
published in the Federal Register at 74 FR 11826 on March 19, 2009. The
interim rule amended the FAR to implement section 814 of the NDAA for
FY 2008. Section 814 requires the harmonization of the threshold for
cost or pricing data on noncommercial modifications of commercial
items with the Truth in Negotiations Act (TINA) threshold for cost or
pricing data. By linking the threshold for cost or pricing data on non
commercial modifications of commercial items with the TINA threshold at
FAR 15.4034, whenever the TINA threshold is adjusted the threshold for
cost or pricing data on noncommercial modifications of commercial items will be automatically adjusted as well.
Item IIIUse of Standard Form 26 Award/Contract (FAR Case 2008040)
This final rule modifies the instructions for use of the Standard Form 26, Award/Contract, at FAR subparts 15.5 and 53.2 to clarify that block 18 of the form should not be used to award a negotiated procurement. No change is made to existing policy or procedures. Item IVEnhanced Competition for Task and DeliveryOrder Contracts Section 843 of the Fiscal Year 2008 National Defense Authorization Act (FAR Case 2008006)
This final rule adopts, with changes, the interim rule published in
the Federal Register at 73 FR 54008 on September 17, 2008. The interim
rule amended FAR subpart 16.5 to implement section 843 of the NDAA for
FY 2008. The provisions of section 843 include (1) Limitation on single
award task or deliveryorder contracts greater than $100 million; (2)
Enhanced competition for task and delivery orders in excess of $5
million; and (3) Restriction on protests in connection with issuance or
proposed issuance of a task or delivery order except for a protest on
orders on the grounds that the order increases the scope, period, or
maximum value of the contract under which the order is issued, or a
protest of an order valued in excess of $10 million. Several changes
are made to the FAR as result of public comments on the interim rule.
FAR 16.503 is amended to clarify that a requirements contract is
awarded to one contractor. FAR 16.504(c)(1)(ii)(D)(3) is amended to
clarify that the agencyhead determination to award a singleaward
task or deliveryorder contract over $100 million does not apply to an
architectengineer task or deliveryorder contract awarded pursuant to
FAR subpart 36.6. The Councils also revised FAR 16.504(c)(1)(ii)(D)(3)
to state that the requirement for a determination for a singleaward
contract greater than $100 million is in addition to any applicable
requirements of FAR subpart 6.3. This change is made to clarify that
the determination for a single award task or deliveryorder contract
greater than $100 million is required in addition to the Justification
and Approval (J&A) required by FAR subpart 6.3 when a procurement will be
conducted as other than full and open competition.
Item VTrade AgreementsCosta Rica, Oman, and Peru (FAR Case 2008 036)
The Councils have adopted as final, without change, an interim rule published in the Federal Register at 74 FR 28426 on June 15, 2009, amending the FAR to implement the Dominican RepublicCentral America United States Free Trade Agreement with respect to Costa Rica, the United StatesOman Free Trade Agreement, and the United StatesPeru Trade Promotion Agreement.
This final rule allows contracting officers to purchase the goods
and services of Costa Rica, Oman, and Peru without application of the
Buy American Act if the acquisition is subject to the applicable trade agreements.
Item VIPayments Under FixedPrice ArchitectEngineer Contracts (FAR Case 2008015)
This rule amends FAR 52.23210, Payments under FixedPrice ArchitectEngineer Contracts, to revise and clarify the retainage requirements. The contracting officer can withhold up to 10 percent of the payment due in any billing period when the contracting officer determines that such a withholding is necessary to protect the Government's interest and ensure satisfactory completion of the contract. However, withholding the entire 10 percent is not required, and no withholding is required if the contractor's performance has been satisfactory. The changes clarify that retainage is optional and any amounts retained should not be held over beyond the satisfactory completion of the instant contract.
Item VIITechnical Amendment
An editorial change has been made at FAR 14.2024(a)(3).
Dated: March 15, 2010.
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 200539 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 200539 is
effective March 19, 2010, except for Items III, IV, and VI, which are effective April 19, 2010.
Dated: March 12, 2010.
Linda W. Neilson,
Deputy Director, Defense Procurement and Acquisition Policy (Defense Acquisition Regulations System).
Dated: March 11, 2010.
Rodney P. Lantier,
Acting Senior Procurement Executive, Office of Acquisition Policy, U.S. General Services Administration.
Dated: March 8, 2010.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space Administration.
[FR Doc. 20105984 Filed 31810; 8:45 am]
BILLING CODE 6820EPS
FOR FURTHER INFORMATION CONTACT
The analyst whose name appears in the
table below in relation to each FAR case. Please cite FAC 200539 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 5014755.
List of Rules in FAC 200539
Item Subject FAR case Analyst
I.............. Extend Use of Simplified Acquisition 2009035 Jackson. Procedures for Certain Commercial Items.
II............. Clarification of Submission of Cost or 2008012 Chambers. Pricing Data on NonCommercial Modifications of Commercial Items.
III............ Use of Standard Form 26 Award/Contract..... 2008040 Jackson. IV............. Enhanced Competition for Task and Delivery 2008006 Clark. Order ContractsSection 843 of the Fiscal
Year 2008 National Defense Authorization Act. V.............. Trade AgreementsCosta Rica, Oman, and Peru. 2008036 Sakalos. VI............. Payments Under FixedPrice ArchitectEngineer 2008015 Neurauter. Contracts.
VII............ Technical Amendment.......................... ....................... .......................