Federal Register / Vol. 72, No. 159 / Friday, August 17, 2007 / Rules and Regulations 46333 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 12, 14, and 15 

[FAC 2005–19; 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 Archiving Capability 

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 to adopt the 

interim rule published in the Federal 

Register at 71 FR 57362, September 28, 

2006, as a final rule without change. 

This final rule amends 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: August 17, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAC 2005–19, FAR case 

2005–025. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published an 

interim rule with request for comments 

in the Federal Register at 71 FR 57362, 

September 28, 2006. This final rule 

amends the Federal Acquisition 

Regulation to address the record 

retention policy where the Online 

Representations and Certifications 

Application (ORCA) is used to submit 

an offeror’s representations and 

certifications. 

The comment period closed 

November 27, 2006. One respondent 

submitted comments. 

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 

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 addresses management of contract 

files and clarifies existing procedures 

and practices used by Government 

contracting officers in making contract 

award decisions. The rule does not 

impose new requirements that impose a 

burden on contractors. No comments 

were received with regard to an impact 

on small business. 

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 Parts 4, 12, 

14, and 15 

Government procurement. 

Dated: July 30, 2007. 

Al Matera, 

Acting Director, Contract Policy Division. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 4, 12, 14, and 

15 which was published at 71 FR 57362 

on September 28, 2006, is adopted as a 

final rule without change. 

[FR Doc. 07–3794 Filed 8–16–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4 and 52 

[FAC 2005–19; FAR Case 2005–017; Item 

IV; Docket 2006–0020; Sequence 6] 

RIN 9000–AK53 

Federal Acquisition Regulation; FAR 

Case 2005–017, Requirement to 

Purchase Approved Authentication 

Products and Services 

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 address the 

acquisition of products and services for 

personal identity verification that 

comply with requirements in Homeland 

Security Presidential Directive (HSPD) 

12, ‘‘Policy for a Common Identification 

Standard for Federal Employees and 

Contractors,’’ and Federal Information 

Processing Standards Publication (FIPS 

PUB) 201, ‘‘Personal Identity 

Verification of Federal Employees and 

Contractors.’’

DATES: Effective Date: September 17, 

2007. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Michael Jackson, Procurement Analyst, 

at (202) 208–4949. Please cite FAC 

2005–19, FAR case 2005–017. For 

information pertaining to status or 

publication schedules, contact the FAR 

Secretariat at (202) 501–4755. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends the Federal 

Acquisition Regulation to address the 

acquisition of products and services. 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 

71 FR 49405 on August 23, 2006. The 

Councils received no comments on the 

proposed rule. Therefore, the Councils 

have adopted the proposed rule as a 

final rule with minor editorial and 

baseline changes. 

Increasingly, contractors are required 

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