Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 13589 

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 the 

rule merely clarifies existing language 

and does not change existing policy. 

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. 

List of Subjects in 48 CFR Part 52 

Government procurement. 

Dated: March 15, 2007. 

Ralph De Stefano, 

Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 52 as set forth 

below: 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 1. The authority citation for 48 CFR 

part 52 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). 

■ 2. Amend section 52.212–5 by 

revising the date of the clause; 

redesignating paragraphs (b)(10) through 

(b)(35) as (b)(11) through (b)(36), 

respectively, and adding a new 

paragraph (b)(10) to read as follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

CONTRACT TERMS AND CONDITIONS 

REQUIRED TO IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS— COMMERCIAL 

ITEMS (MAR 2007) 

* * * * * 

(b) * * * 

l(10) 52.219–16, Liquidated 

Damages—Subcontracting Plan (JAN 

1999) (15 U.S.C. 637(d)(4)(F)(i)). 

* * * * * 

[FR Doc. 07–1360 Filed 3–21–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR—2007–0002, Sequence 1] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–16; 

Small Entity Compliance Guide 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

This Small Entity Compliance Guide has 

been prepared in accordance with 

Section 212 of the Small Business 

Regulatory Enforcement Fairness Act of 

1996. It consists of a summary of rules 

appearing in Federal Acquisition 

Circular (FAC) 2005–16 which amend 

the FAR. An asterisk (*) next to a rule 

indicates that a regulatory flexibility 

analysis has been prepared. Interested 

parties may obtain further information 

regarding these rules by referring to FAC 

2005–16 which precedes this document. 

These documents are also available via 

the Internet at http:// 

www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Laurieann Duarte, FAR Secretariat, (202) 

501–4225. For clarification of content, 

contact the analyst whose name appears 

in the table below. 

LIST OF RULES IN FAC 2005–16 

Item Subject FAR case Analyst 

I ............ Implementation of Wage Determinations OnLine (WDOL) ............................................................. 2005–033 Woodson. 

II ........... Termination or Cancellation of Purchase Orders ............................................................................ 2005–029 Jackson. 

III .......... Contracts with Religious Entities (Interim) ....................................................................................... 2006–019 Woodson. 

IV .......... Contract Terms and Conditions Required to Implement Statute or Executive Orders—Commercial Items.2006–012 Jackson. 

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 2005–16 amends the FAR as 

specified below: 

Item I—Implementation of Wage 

Determinations OnLine (WDOL) (FAR 

Case 2005–033) 

This final rule implements the 

Department of Labor (DOL) Wage 

Determinations OnLine (WDOL) 

Internet website as the source for 

Federal contracting agencies to obtain 

wage determinations issued by the DOL 

for service contracts subject to the 

McNamara-O’Hara Service Contract Act 

(SCA) and for construction contracts 

subject to the Davis-Bacon Act (DBA). 

The rule amends the FAR to direct 

Federal contracting agencies to obtain 

DBA and SCA wage determinations 

from the WDOL website. 

The WDOL and e98 processes replace 

the paper Standard Forms 98 and 98a. 

In addition, Standard Forms 98, 98a, 

and 99 are deleted from FAR Part 53. 

This final rule also incorporates new 

geographical jurisdictions for DOL’s 

Wage and Hour Regional Offices and 

eliminates FAR references to the 

Government Printing Office publication 

of general wage determinations. 

Item II—Termination or Cancellation of 

Purchase Orders (FAR Case 2005–029) 

The rule revises the Federal 

Acquisition Regulation (FAR) to correct 

the inadvertent omission of an 

appropriate reference in FAR Part 

13.302–4(a) for termination for cause of 

those purchase orders that have been 

accepted in writing. This FAR revision 

is a correction to a reference and not a 

change to the contract termination 

options available in 52.212–4(l) or (m). 

If a purchase order that has been 

accepted in writing by the contractor is 

to be terminated, contracting officers 

have the option to terminate for cause 

as well as terminate for convenience. 


sroberts on PROD1PC70 with RULES
13590 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 

Item III—Contracts with Religious 

Entities (FAR Case 2006–019) (Interim) 

This interim rule amends FAR 

Subpart 22.8, Equal Employment 

Opportunity, and the associated clause 

at 52.222–26, Equal Opportunity, to add 

an exemption for religious entities to the 

prohibition of discrimination on the 

basis of religion. Executive Order (E.O.) 

13279 amended Section 204 of E.O. 

11246 to permit religious entities to 

consider employment of individuals of 

a particular religion to perform work 

connected with carrying on the entity’s 

activities. Religious entities remain 

subject to other Equal Employment 

Opportunity requirements. When 

awarding a contract to a religious entity 

that contains the clause at FAR 52.222–

26, Equal Opportunity, the requirements 

of the clause with respect to 

employment of individuals of a 

particular religion to perform work 

connected with the carrying on of the 

contractor’s activities do not apply to a 

contractor that is a religious 

corporation, association, educational 

institution, or society. 

Item IV—Contract Terms and 

Conditions Required to Implement 

Statute or Executive Orders—

Commercial Items (FAR Case 2006–012) 

The final rule revises the Federal 

Acquisition Regulation (FAR) to update 

the required contract clauses that 

implement provisions of law or 

executive orders for acquisitions of 

commercial items. 

Dated: March 15, 2007. 

Ralph De Stefano, 

Director, Contract Policy Division. 

[FR Doc. 07–1355 Filed 3–21–07; 8:45 am] 

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