Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 40459 

title to real property for individual 

sureties. 

The rule also provides that in lieu of 

evidence of title that is consistent with 

DOJ standards, that sureties may 

provide a mortgagee title insurance 

policy in an insurance amount equal to 

the amount of the lien. 

Item VI—Cost Accounting Standards 

(CAS) Administration and Associated 

Federal Acquisition Regulation Clauses 

(FAR Case 2007–002) 

This final rule converts, without 

change, the interim rule published in 

the Federal Register at 73 FR 54011 

September 17, 2008. No comments were 

received in response to the interim rule. 

The interim rule amended the Federal 

Acquisition Regulation (FAR) to revise 

FAR 30.201–4(b)(1) and FAR 52.230–1 

through 52.230–5 to maintain 

consistency between the Federal 

Acquisition Regulation (FAR) and Cost 

Accounting Standards (CAS) regarding 

the administration of the CAS Board’s 

rules, regulations and standards. 

Effective June 14, 2007, the CAS 

Board amended the contract clauses 

contained in its rules and regulations at 

48 CFR 9903.201–4, pertaining to the 

administration of CAS, to adjust the 

CAS applicability threshold in 

accordance with section 822 of the 2006 

National Defense Authorization Act 

(Pub. L. 109–163). That section 

amended 41 U.S.C. 422(f)(2)(A) to 

require that the threshold for CAS 

applicability be the same as the 

threshold for compliance with the Truth 

in Negotiations Act (TINA). 

Item VII—Technical Amendments 

Editorial changes are made at FAR 

32.503–9, 52.213–4, and 52.244–6. 

Dated: August 4, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

Federal Acquisition Circular (FAC) 

2005-36 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 2005-36 is effective August 11, 

2009, except for Items I, II, and V, which 

are effective September 10, 2009. 

Dated: August 3, 2009. 

Shay D. Assad, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: August 3, 2009. 

Rodney P. Lantier, 

Acting Senior Procurement Executive, Office 

of the Chief Acquisition Officer, U.S. General 

Services Administration. 

Dated: August 3, 2009. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. E9–19161 Filed 8–10–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 5 and 7 

[FAC 2005–36; FAR Case 2008–038; Item 

I; Docket 2009–0028, Sequence 1] 

RIN 9000–AL32 

Federal Acquisition Regulation; FAR 

Case 2008–038, Federal Technical Data 

Solution (FedTeDS) 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) are issuing a final rule to 

amend the Federal Acquisition 

Regulation (FAR) to reflect that 

FedTeDS capabilities have been 

incorporated into the Governmentwide 

Point of Entry (GPE). References to 

FedTeDS are amended to reflect the GPE 

i.e., FedBizOpps system. 

DATES: Effective Date: September 10, 

2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. Ed 

Loeb, Director, Contract Policy Division 

at (202) 501–0650. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAC 2005–36, FAR case 2008–038. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Federal Technical Data Solution 

(FedTeDS) is the system that was used 

for the past several years to post on-line 

technical data packages and other items 

associated with solicitations that 

required some level of access control. It 

was interfaced directly with the 

Governmentwide Point of Entry (GPE) 

i.e., FedBizOpps system. In April 2008, 

a new version of the GPE was launched. 

This version incorporated the 

capabilities of FedTeDS, thereby 

allowing FedTeDS to be retired. FAR 

Sections 5.102, 5.207 and 7.105 will be 

amended to (1) remove all references to 

FedTeDS and refer to the enhanced 

controls of the GPE, (2) address 

technical data availability via GPE in 

lieu of FedTeDS, and (3) substitute GPE 

in lieu of FedTeDS in references to 

acquisition plans. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant FAR 

revision within the meaning of FAR 

1.501 and Public Law 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR Parts 5 and 

7 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAC 2005–36, FAR 

case 2008–038), in all correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the final rule does not 

contain any information collection 

requirements that require the approval 

of the Office of Management and Budget 

under 44 U.S.C. 3501, et seq. 

List of Subjects in 48 CFR Parts 5 and 

7 

Government procurement. 

Dated: August 4, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 5 and 7 as set forth 

below: 

■ 1. The authority citation for 48 CFR 

parts 5 and 7 continues to read as 

follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 


srobinson on DSKHWCL6B1PROD with RULES5
40460 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 

PART 5—PUBLICIZING CONTRACT 

ACTIONS 

■ 2. Amend section 5.102 by— 

■ a. Revising paragraph (a)(4) and the 

introductory text of paragraph (a)(5); 

■ b. Removing paragraph (a)(5)(iii); and 

■ c. Redesignating paragraph (a)(5)(iv) 

as (a)(5)(iii). 

■ The revised text reads as follows: 

5.102 Availability of solicitations. 

(a) * * * 

(4) When an agency determines that a 

solicitation contains information that 

requires additional controls to monitor 

access and distribution (e.g., technical 

data, specifications, maps, building 

designs, schedules, etc.), the 

information shall be made available 

through the enhanced controls of the 

GPE, unless an exception in paragraph 

(a)(5) of this section applies. The GPE 

meets the synopsis and advertising 

requirements of this part. 

(5) The contracting officer need not 

make a solicitation available through the 

GPE as required in paragraph (a)(4) of 

this section, when— 

* * * * * 

5.207 [Amended] 

■ 3. Amend section 5.207 by removing 

from paragraph (c)(18) ‘‘FedTeDS 

(https://www.fedteds.gov)’’ and adding 

‘‘http://www.fedbizopps.gov’’ in its 

place. 

PART 7—ACQUISITION PLANNING 

7.105 [Amended] 

■ 4. Amend section 7.105 by removing 

from paragraph (b)(15) ‘‘Federal 

Technical Data Solution (FedTeDS)’’ 

and adding ‘‘enhanced controls of the 

GPE at http://www.fedbizopps.gov’’ in 

its place. 

[FR Doc. E9–19162 Filed 8–10–09; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 22 and 52 

[FAC 2005–36; FAR Case 2007–021; Item 

II; Docket 2009–0004; Sequence 2] 

RIN 9000–AL14 

Federal Acquisition Regulation; FAR 

Case 2007–021, Fair Labor Standards 

Act and Service Contract Act Price 

Adjustment Clauses 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on a final rule 

amending the Federal Acquisition 

Regulation (FAR) to specifically require 

the incorporation of FAR clauses 

52.222–43, Fair Labor Standards Act 

and Service Contract Act—Price 

Adjustment (Multiple Year and Option 

Contracts) and 52.222–44, Fair Labor 

Standards Act and Service Contract 

Act—Price Adjustment, in time-andmaterials and labor-hour service 

contracts that are subject to the Service 

Contract Act. No comments were 

received in response to the proposed 

rule. 

DATES: Effective Date: September 10, 

2009. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Ms. 

Meredith Murphy, Procurement 

Analyst, at (202) 208–6925. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at (202) 501– 

4755. Please cite FAC 2005–36, FAR 

case 2007–021. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends the FAR to 

revise the clause prescriptions at FAR 

22.1006(c)(1) and (2) to specifically 

require that time-and-materials and 

labor-hour service contracts subject to 

the Service Contract Act contain the 

appropriate price adjustment clauses set 

forth at FAR 52.222–43 and 52.222–44. 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 

74 FR 872 on January 9, 2009. 

Despite the fact that the previous 

prescriptions did not require use of the 

clauses in time-and-materials or laborhour contracts, there was actually broad 

usage of the clause(s) in such contracts. 

This change will achieve consistency 

throughout the Government acquisition 

community and resolve potential 

inequities where the clauses have not 

been applied. It will achieve an 

equitable result for contractors and will 

also allow the Government to avoid use 

of other means of adjusting contract unit 

price labor rates which may be more 

costly to the Government. Other means 

of adjusting contract labor rates, such as 

allowing for wage/benefit escalation, 

equitable adjustment or economic price 

adjustment, would likely include profit, 

overhead, and general and 

administrative expenses. The FAR 

clauses at 52.222–43 and 52.222–44 

explicitly exclude these additional 

costs. 

The clause prescriptions at FAR 

22.1006(c)(1) and (c)(2) currently 

require that Service Contract Act wage 

determination updates be applied to 

contracts subject to the FAR clause at 

52.222–41, Service Contract Act of 1965 

but, as required by FAR clause 52.222– 

41, minimum monetary wages and 

fringe benefits to be paid to service 

employees under the contract may be 

subject to adjustment, under wage 

determinations issued by the 

Department of Labor. While there may 

be other means permitted to adjust fixed 

labor rates on time-and-materials or 

labor-hour contracts, those other means 

do not achieve the consistent results 

that use of the Service Contract Act 

price adjustment clause(s) will achieve. 

This is not a significant regulatory 

action and, therefore, was not subject to 

review under Section 6(b) of Executive 

Order 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

B. Regulatory Flexibility Act 

The Department of Defense, the 

General Services Administration, and 

the National Aeronautics and Space 

Administration certify that this final 

rule will not have a significant 

economic impact on a substantial 

number of small entities within the 

meaning of the Regulatory Flexibility 

Act, 5 U.S.C. 601, et seq., because it 

merely clarifies the existing 

prescriptions relating to service 

contracts. FAR clause 52.222–41 

requires contractors to comply with 

wage determinations of the Department 

of Labor and may require adjustment to 

wage rates during the term of the 

contract. Most contracts that include 


srobinson on DSKHWCL6B1PROD with RULES5