13588 Federal Register / Vol. 72, No. 55 / Thursday, March 22, 2007 / Rules and Regulations 

Dated: March 15, 2007. 

Ralph De Stefano, 

Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 22 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 22 and 52 continues to read as 

follows: 

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

chapter 137; and42 U.S.C. 2473(c). 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 2. Amend section 22.807 by adding 

paragraph (b)(7) to read as follows: 

22.807 Exemptions 

* * * * * 

(b) * * * 

(7) Contracts with religious entities. 

Pursuant to E.O. 13279, Section 202 of 

E.O. 11246, shall not apply to a 

Government contractor or subcontractor 

that is a religious corporation, 

association, educational institution, or 

society, with respect to the employment 

of individuals of a particular religion to 

perform work connected with the 

carrying on by such corporation, 

association, educational institution, or 

society of its activities. Such contractors 

and subcontractors are not exempted or 

excused from complying with the other 

requirements contained in the order. 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.212–5 [Amended] 

■ 3. Amend section 52.212–5 by—

■ a. Revising the date of the clause to 

read ‘‘(MAR 2007)’’; and 

■ b. Removing from paragraphs (b)(17) 

and (e)(1)(ii) ‘‘(APR 2002)’’ and adding 

‘‘(MAR 2007)’’ in its place. 

52.213–4 [Amended] 

■ 4. Amend section 52.213–4 by—

■ a. Revising the date of the clause to 

read ‘‘(MAR 2007)’’; 

■ b. Removing from paragraph (a)(1)(iii) 

‘‘(APR 2002)’’ and adding ‘‘(MAR 

2007)’’ in its place; and 

■ c. Removing from paragraph (a)(2)(vi) 

‘‘(SEPT 2006)’’ and adding ‘‘(MAR 

2007)’’ in its place. 

■ 5. Amend section 52.222–26 by—

■ a. Revising the date of the clause to 

read ‘‘(MAR 2007)’’; 

■ b. Redesignating paragraphs (b)(1) 

through (b)(11), and (c) as paragraphs 

(c)(1) through (c)(11), and (d), 

respectively; removing paragraph (b) 

introductory text and adding paragraphs 

(b)(1) and (b)(2); and 

■ c. Removing from newly designated 

paragraph (c)(10) ‘‘paragraphs (b)(1) 

through (11) of’’. 

The revised text reads as follows: 

52.222–26 Equal Opportunity. 

* * * * * 

(b)(1) If, during any 12–month period 

(including the 12 months preceding the 

award of this contract), the Contractor 

has been or is awarded nonexempt 

Federal contracts and/or subcontracts 

that have an aggregate value in excess of 

$10,000, the Contractor shall comply 

with this clause, except for work 

performed outside the United States by 

employees who were not recruited 

within the United States. Upon request, 

the Contractor shall provide information 

necessary to determine the applicability 

of this clause. 

(2) If the Contractor is a religious 

corporation, association, educational 

institution, or society, the requirements 

of this clause do not apply with respect 

to the employment of individuals of a 

particular religion to perform work 

connected with the carrying on of the 

Contractor’s activities (41 CFR 60–1.5). 

* * * * * 

52.244–6 [Amended] 

■ 6. Amend section 52.244–6 by—

■ a. Revising the date of the clause to 

read ‘‘(MAR 2007)’’; and 

■ b. Removing from paragraph (c)(1)(ii) 

‘‘(MAY 2002)’’ and adding ‘‘(MAR 

2007)’’ in its place. 

[FR Doc. 07–1357 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 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. 

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 


sroberts on PROD1PC70 with RULES
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