57362 Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations 

List of Subjects in 48 CFR Parts 1, 2, 7, 

11, 31, and 39 

Government procurement. 

Dated: September 19, 2006. 

Ralph De Stefano, 

Director, Contract Policy Division. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 1, 2, 7, 11, 31, 

and 39, which was published at 70 FR 

57449, September 30, 2005, and a 

correction published at 70 FR 69100, 

November 14, 2005, is adopted as a final 

rule without change. 

[FR Doc. 06–8201 Filed 9–27–06; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 12, 14, and 15 

[FAC 2005–13; FAR Case 2005–025; Item 

III; Docket 2006–0020, Sequence 4] 

RIN 9000–AK56 

Federal Acquisition Regulation; FAR 

Case 2005–025, Online 

Representations and Certifications 

Application (ORCA) Archiving 

Capability 

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 address the record 

retention policy where the Online 

Representations and Certifications 

Application (ORCA) is used to submit 

an offeror’s representations and 

certification. 

DATES: Effective Date: September 28, 

2006. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before November 

27, 2006 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAC 2005–13, FAR case 

2005–025, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Search for this 

document at the ‘‘Federal Acquisition 

Regulation’’ agency and review the 

‘‘Document Title’’ column; click on the 

Document ID number. Click on ‘‘Add 

Comments’’. 

You may also search for any 

document using the ‘‘Advanced search/ 

document search’’ tab, selecting from 

the agency field ‘‘Federal Acquisition 

Regulation’’, and typing the FAR case 

number in the keyword field. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and citeFAC 2005–13, FAR case 

2005–025, in all correspondence related 

to this case. All comments received will 

be posted without change to http:// 

www.regulations.gov, including any 

personal and/or business confidential 

information provided. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775. The TTY Federal 

Relay Number for further information is 

1–800–877–8973. Please cite FAC 2005–

13, FAR case 2005–025. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Under FAR Subpart 4.12 prospective 

contractors are required to submit 

Annual Representations and 

Certifications via the Online 

Representations and Certifications 

Application (ORCA), a part of the 

Business Partner Network. Using ORCA 

eliminates the administrative burden for 

contractors of submitting the same 

information to various contracting 

offices, and establishes a common 

source for this information to 

procurement offices throughout the 

Government. 

FAR 4.803(a)(11) requires contracting 

officers to include contractor 

representations and certifications in the 

contract file. Given ORCA’s capability to 

archive a contractor’s representations 

and certifications by date, contracting 

officers no longer need to file a paper 

copy of a contractor’s representations 

and certifications in the contracting 

office contract files, but should 

incorporate archived ORCA records by 

reference, along with any changes 

submitted in the FAR provisions at 

52.204–8 or 52.212–3, in the contract 

file to satisfy the contract file 

documentation requirements. 

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 interim rule is not expected to 

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 management of the contract file 

is not accomplished by the vendor 

community, only by government 

contracting entities. Therefore, an Initial 

Regulatory Flexibility Analysis has not 

been performed. The Councils will 

consider comments from small entities 

concerning the affected FAR Parts 4, 12, 

14, and 15 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 2005–13, FAR 

case 2005–025), in correspondence. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FAR do not impose information 

collection requirements that require the 

approval of the Office of Management 

and Budget under 44 U.S.C. 3501, et 

seq. 

D. Determination to Issue an Interim 

Rule 

A determination has been made under 

the authority of the Secretary of Defense 

(DoD), the Administrator of General 

Services (GSA), and the Administrator 

of the National Aeronautics and Space 

Administration (NASA) that urgent and 

compelling reasons exist to promulgate 

this interim rule without prior 

opportunity for public comment. This 

action is necessary because the rule 

addresses policy regarding the filing of 

proper documentation in the contract 

file by the contracting officer, which is 

internal to the Government, and not 

accomplished by the vendor 

community. However, pursuant to 

Public Law 98–577 and FAR 1.501, the 

Councils will consider public comments 

received in response to this interim rule 

in the formation of the final rule. 

List of Subjects in 48 CFR Parts 4, 12, 

14, and 15 

Government procurement. 


jlentini on PROD1PC65 with RULES2
Federal Register / Vol. 71, No. 188 / Thursday, September 28, 2006 / Rules and Regulations 57363 

Dated: September 19, 2006. 

Ralph De Stefano, 

Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 4, 12, 14, and 15 

as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 4, 12, 14, and 15 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). 

PART 4—ADMINISTRATIVE MATTERS 

■ 2. Amend section 4.803 by revising 

paragraph (a)(11) to read as follows: 

4.803 Contents of contract files. 

* * * * * 

(a) * * * 

(11) Contractor’s representations and 

certifications (see 4.1201(c)). 

* * * * * 

■ 3. Amend section 4.1201 by adding 

paragraph (c) to read as follows: 

4.1201 Policy. 

* * * * * 

(c) Data in ORCA is archived and is 

electronically retrievable. Therefore, 

when a prospective contractor has 

completed representations and 

certifications electronically via ORCA, 

the contracting officer may reference the 

date of ORCA verification in the 

associated Government contract file, 

rather than including a paper copy of 

the electronically-submitted 

representations and certifications in the 

file. Such a reference satisfies contract 

file documentation requirements of 

4.803(a)(11). However, if an offeror 

identifies changes to ORCA data 

pursuant to the FAR provisions at 

52.204–8(c) or 52.212–3(k), the 

contracting officer must include a copy 

of the changes in the contract file. 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 4. Amend section 12.301 by revising 

the first sentence of paragraph (b)(2) to 

read as follows: 

12.301 Solicitation provisions and 

contract clauses for the acquisition of 

commercial items. 

* * * * * 

(b)(2) * * * This provision provides a 

single, consolidated list of 

representations and certifications for the 

acquisition of commercial items and is 

attached to the solicitation for offerors 

to complete. * * * 

* * * * * 

PART 14—SEALED BIDDING 

■ 5. Amend section 14.201–1 by adding 

to paragraph (c) a parenthetical 

following the third sentence to read as 

follows: 

14.201–1 Uniform contract format. 

* * * * * 

(c) * * * (See 4.1201(c).) * * * 

* * * * * 

PART 15—CONTRACTING BY 

NEGOTIATION 

■ 6. Amend section 15.102 by revising 

the second sentence of paragraph (b) to 

read as follows: 

15.102 Oral presentations. 

* * * * * 

(b) * * * However, representations 

and certifications shall be submitted as 

required in the FAR provisions at 

52.204–8(c) or 52.212–3(k), and a signed 

offer sheet (including any exceptions to 

the Government’s terms and conditions) 

shall be submitted in writing. 

* * * * * 

■ 7. Amend section 15.204–1 by adding 

to paragraph (b) a parenthetical 

following the second sentence to read as 

follows: 

15.204–1 Uniform contract format. 

* * * * * 

(b) * * * (See 4.1201(c).) * * * 

* * * * * 

[FR Doc. 06–8203 Filed 9–27–06; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 2, 4, 5, 6, 7, 8, 9, 12, 

13, 15, 16, 17, 19, 22, 25, 28, 32, 36, 42, 

48, 49, 50, 52, and 53 

[FAC 2005–13; FAR Case 2004–033; Item 

IV; Docket 2006–0020, Sequence 17] 

RIN 9000–AK26 

Federal Acquisition Regulation; FAR 

Case 2004–033, Inflation Adjustment of 

Acquisition-Related Thresholds 

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 adjust acquisitionrelated thresholds for inflation, in 

accordance with 41 U.S.C. 431a as 

added by section 807 of the Ronald W. 

Reagan National Defense Authorization 

Act for Fiscal Year 2005 (Pub. L. 108–

375). This rule also amends some 

acquisition-related thresholds that are 

based on policy rather than statute. 

Inflation adjustment of cost accounting 

standards (CAS) thresholds will be 

addressed in a separate case. 

DATES: Effective Date: September 28, 

2006. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Michael Jackson, Procurement Analyst, 

at (202) 208–4949. Please cite FAC 

2005–13, FAR case 2004–033. For 

information pertaining to status or 

publication schedules, contact the FAR 

Secretariat at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Statute. This final rule implements 41 

U.S.C. 431a as added by Section 807 of 

the Ronald W. Reagan National Defense 

Authorization Act for Fiscal Year 2005 

(Pub. L. 108–375). 41 U.S.C. 431a 

provides for adjustment every 5 years of 

acquisition-related thresholds, except 

for Davis-Bacon Act, Service Contract 

Act, and trade agreements thresholds. 

This rule also escalates some 

nonstatutory acquisition-related 

thresholds. The statute does not permit 

escalation of acquisition-related 

thresholds established by the Davis 

Bacon Act, the Service Contract Act, or 

trade agreements. The statute does not 

authorize the FAR to escalate thresholds 

originating in executive order or the 

implementing agency (such as the 

Department of Labor or the Small 

Business Administration), unless the 

executive order or agency regulations 

are first amended. 

Public Comments. DoD, GSA, and 

NASA published a proposed rule in the 

Federal Register at 70 FR 73415, 

December 12, 2005. We received eight 

responses to the proposed rule 

(available at http:// 

www.regulations.gov/). All the 

responses were from Government 

personnel. Almost all the responses 

related to the proposed increase in the 

micro-purchase threshold. The Councils 

did not agree to any changes to the 

proposed rule based on the public 

comments. However, as addressed 

below, some of the thresholds have 

changed in the final rule. 


jlentini on PROD1PC65 with RULES2