[Federal Register Volume 72, Number 55 (Thursday, March 22, 2007)]
[Rules and Regulations]
[Pages 13588-13589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-1360]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAC 2005-16; FAR Case 2006-012; Item IV; Docket 2006-0020, Sequence 
24]
RIN 9000-AK51


Federal Acquisition Regulation; FAR Case 2006-012, Contract Terms 
and Conditions Required to Implement Statute or Executive Orders--
Commercial Items

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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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 update the 
required contract clauses that implement provisions of law or executive 
orders for acquisitions of commercial items.

DATES: Effective Date: March 22, 2007.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Michael O. Jackson, Procurement Analyst, at (202) 208-4949. Please 
cite FAC 2005-16, FAR case 2006-012. For information pertaining to 
status or publication schedules, contact the FAR Secretariat at (202) 
501-4755.

SUPPLEMENTARY INFORMATION:

A. Background

    In accordance with Section 8002 of Public Law 103-355 (41 U.S.C. 
264, note), contract clauses applicable to acquisitions of commercial 
items are limited, to the maximum extent practicable, to clauses that 
are--
    (1) Required to implement provisions of law or executive orders 
applicable to the acquisition of commercial items; or
    (2) Determined to be consistent with customary commercial practice.
    The FAR clause at 52.212-5, Contract Terms and Conditions Required 
to Implement Statutes or Executive Orders--Commercial Items, 
incorporates, by reference, the contract clauses that the contracting 
officer may select to implement provisions of law or executive orders 
for acquisitions of commercial items. The FAR clause at 52.219-16, 
Liquidated Damages--Subcontracting Plan, is a contract clause that is 
required to implement 15 U.S.C. 637(d)(4)(F)(i). However, the FAR 
clause 52.219-16 is not included in the list of clauses for commercial 
contracts in FAR 52.212-5. The rule incorporates the FAR clause 52.219-
16 in the list of clauses for commercial contracts that the contracting 
officer may select.
    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 42344, July 26, 2006. The Councils received no comments on 
the proposed rule. Therefore, the Councils have adopted the proposed 
rule as final without change.
    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

[[Page 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.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
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).
0
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) * * *
    --(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