36852 Federal Register / Vol. 72, No. 128 / Thursday, July 5, 2007 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR–2007–002, Sequence 3] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–18; 

Introduction 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of 

interim rule. 

SUMMARY: This document summarizes 

the Federal Acquisition Regulation 

(FAR) rule agreed to by the Civilian 

Agency Acquisition Council and the 

Defense Acquisition Regulations 

Council in this Federal Acquisition 

Circular (FAC) 2005–18. 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: For 

clarification of content, contact the 

analyst whose name appears in the table 

below in relation to the FAR case. 

Please cite FAC 2005–18 FAR Case 

2006–032. Interested parties may also 

visit our website at http:// 

www.regulations.gov. For information 

pertaining to status or publication 

schedules, contact the FAR Secretariat 

at (202) 501–4755. 

RULE LISTED IN FAC 2005–18 

Item Subject FAR case Analyst 

I ............ Small Business Size Rerepresentation ........................................................................................... 2006–032 Cundiff. 

SUPPLEMENTARY INFORMATION: A 

summary of the FAR rule follows. For 

the actual revisions and/or amendments 

to this FAR case, refer to FAR Case 

2006–032. FAC 2005–18 amends the 

FAR as specified below: 

Item I—Small Business Size 

Rerepresentation (FAR Case 2006–032) 

This interim rule amends the FAR to 

implement the Small Business 

Administration’s (SBA) final rule 

published on November 15, 2006 (71 FR 

66434), entitled ‘‘Small Business Size 

Regulations; Size for Purposes of 

Governmentwide Acquisition Contracts, 

Multiple Award Schedule Contracts and 

Other Long-Term Contracts; 8(a) 

Business Development/Small 

Disadvantaged Business; Business 

Status Determinations.’’ The purpose of 

the SBA rule and this FAR rule is to 

improve the accuracy of small business 

size status reporting, at the prime 

contract level, over the life of certain 

contracts (long-term contracts, contracts 

involving novations, acquisitions, and 

mergers). Contractors will be required to 

rerepresent their size status on contracts 

prior to the end of the fifth year of a 

contract that is more than five years in 

duration (long-term contract); prior to 

exercising any option thereafter; 

following execution of a novation 

agreement; or following a merger or 

acquisition of the contractor, regardless 

of whether there is a novation 

agreement. A change in the size status 

does not change the terms and 

conditions of the contract, but the 

agency may no longer include the value 

of options exercised or orders issued 

against the contract in its small business 

prime contracting goal achievements. 

Dated: June 29, 2007. 

Michael Jackson, 

Acting Director, Contract Policy Division. 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005-18 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 2005-18 is effective June 30, 

2007. 

Dated: June 27, 2007. 

Shay D. Assad, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: June 28, 2007. 

George Barclay, 

Acting Senior Procurement Executive, 

General Services Administration. 

Dated: June 27, 2007. 

Kenneth A. Sateriale, 

Acting Assistant Administrator for 

Procurement, National Aeronautics and 

Space Administration. 

[FR Doc. 07–3277 Filed 7–2–07; 11:18 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 17, 19, and 52 

[FAC 2005–18; FAR Case 2006–032; Item 

I; Docket 2007–001, Sequence 4] 

RIN 9000–AK78 

Federal Acquisition Regulation; FAR 

Case 2006–032, Small Business Size 

Rerepresentation 

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 implement the 

Small Business Administration’s (SBA) 

final rule published on November 15, 

2006 (71 FR 66434), entitled ‘‘Small 

Business Size Regulations; Size for 

Purposes of Government-wide 

Acquisition Contracts, Multiple Award 

Schedule Contracts and Other LongTerm Contracts; 8(a) Business 

Development/Small Disadvantaged 

Business; Business Status 

Determinations.’’ The purpose of the 

SBA rule is to improve the accuracy of 

small business size status reporting over 

the life of certain contracts. 


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