40458 Federal Register / Vol. 74, No. 153 / Tuesday, August 11, 2009 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2009–0001, Sequence 7] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–36; 

Introduction 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of rules. 

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) 2005–36. 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: The 

analyst whose name appears in the table 

below in relation to each FAR case. 

Please cite FAC 2005–36 and the 

specific FAR case numbers. For 

information pertaining to status or 

publication schedules, contact the FAR 

Secretariat at (202) 501–4755. 

LIST OF RULES IN FAC 2005–36 

Item Subject FAR case Analyst 

I ............ Federal Technical Data Solution (FedTeDS) .................................................................................. 2008–038 Loeb. 

II ........... Fair Labor Standards Act and Service Contract Act Price Adjustment Clauses ............................ 2007–021 Murphy. 

III .......... New Designated Country—Taiwan .................................................................................................. 2009–014 Murphy. 

IV .......... Prohibition on Restricted Business Operations in Sudan and Imports from Burma ....................... 2008–004 Murphy. 

V ........... List of Approved Attorneys, Abstractors, and Title Companies ...................................................... 2006–013 Chambers. 

VI .......... Cost Accounting Standards (CAS) Administration and Associated Federal Acquisition Regulation Clauses.2007–002 Chambers. 

VII ......... Technical Amendments ...................................................................................................................

SUPPLEMENTARY 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 2005–36 amends the FAR as 

specified below: 

Item I—Federal Technical Data 

Solution (FedTeDS) (FAR Case 2008– 

038) 

This final rule amends the Federal 

Acquisition Regulation (FAR) subparts 

5.1, 5.2, and 7.1 to remove all references 

to the Federal Technical Data Solution 

(FedTeDS) System, and refer to the 

enhanced capabilities of the 

Governmentwide Point of Entry (GPE) 

system. The FedTeDS system was used 

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 GPE system. In April 2008, the 

newest version of the GPE was 

launched. This version incorporated the 

capabilities of FedTeDS, allowing the 

FedTeDS system to be retired. This rule 

will only have a slight impact on 

Government. It will inform and direct 

both internal and external users to the 

new system and website. This rule does 

not have a significant impact on any 

automated systems. 

Item II—Fair Labor Standards Act and 

Service Contract Act Price Adjustment 

Clauses (FAR Case 2007–021) 

This final rule amends the Federal 

Acquisition Regulation (FAR) to 

specifically require the incorporation of 

FAR clauses 52.222–43, Fair Labor 

Standards Act and Service Contract ActPrice Adjustment (Multiple Year and 

Option Contracts) and 52.222–44, Fair 

Labor Standards Act and Service 

Contract Act—Price Adjustment, in 

time-and-materials and labor-hour 

service contracts that are subject to the 

Service Contract Act. 

Item III—New Designated Country— 

Taiwan (FAR Case 2009–014) (Interim) 

This interim rule implements in FAR 

Parts 22, 25, and 52, as appropriate, the 

designation of Taiwan under the World 

Trade Organization Agreement on 

Government Procurement, which took 

effect on July 15, 2009. This FAR change 

allows contracting officers to purchase 

goods and services made in Taiwan 

without application of the Buy 

American Act if the acquisition is 

covered by the World Trade 

Organization Agreement on Government 

Procurement. 

Item IV—Prohibition on Restricted 

Business Operations in Sudan and 

Imports from Burma (FAR Case 2008– 

004) 

This final rule converts the interim 

rule published in the Federal Register at 

73 FR 33636 on June 12, 2008, to a final 

rule with changes. This final rule 

implements Section 6 of the Sudan 

Accountability and Divestment Act of 

2007, which requires certification in 

each contract entered into by an 

executive agency that the contractor 

does not conduct certain business 

operations in Sudan. In addition, in 

accordance with Executive Orders 

13310 and 13448, the Councils added 

Burma to the list of countries from 

which most imports are prohibited. 

Item V—List of Approved Attorneys, 

Abstractors, and Title Companies (FAR 

Case 2006–013) 

This final rule amends Federal 

Acquisition Regulation (FAR) 28.203–3 

and 52.228–11 to update the procedures 

for the acceptance of a bond with a 

security interest in real property. The 

FAR has relied on the Department of 

Justice (DOJ) to provide a ‘‘List of 

Approved Attorneys, Abstractors, and 

Title Companies’’. However, DOJ has 

discontinued maintenance of the List. 

Replacing the List, DOJ published ‘‘Title 

Standards 2001’’, establishing the 

evidence requirements for acceptance of 


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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). 


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