12948 Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 

underrepresented, but substantially 

underrepresented, agencies may restrict 

competition to either EDWOSB 

concerns or to WOSB concerns eligible 

under the WOSB Program. 

EDWOSB concerns and WOSB 

concerns eligible under the WOSB 

Program must be owned and controlled 

by one or more women who are citizens 

of the United States. An EDWOSB 

concern is automatically a WOSB 

concern eligible under the WOSB 

Program. 

This rule may positively affect 

EDWOSBs that participate in Federal 

procurement in industries where SBA 

determines that WOSBs are 

underrepresented and may positively 

affect WOSBs that participate in Federal 

procurement in industries where SBA 

determines that WOSBs are 

substantially underrepresented. 

Item II—Proper Use and Management 

of Cost-Reimbursement Contracts (FAR 

Case 2008–030) 

This final rule amends the FAR to 

implement section 864 of the Duncan 

Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Pub. L. 110– 

417), enacted on October 14, 2008. This 

law aligns with the President’s goal of 

reducing high-risk contracting as 

denoted in the March 4, 2009, 

Presidential Memorandum on 

Government Contracting. Section 864 of 

the law requires amending the FAR to 

address the use and management of 

cost-reimbursement contracts in the 

following three areas: 

1. Circumstances when costreimbursement contracts are 

appropriate. 

2. Acquisition plan findings to 

support the selection of a costreimbursement contract. 

3. Acquisition resources necessary to 

award and manage a costreimbursement contract. 

This rule does not impose any 

information collection requirements on 

small business. There is no significant 

impact on small businesses because this 

rule is only applicable to internal 

operating procedures of the 

Government. 

Item III—Requirements for 

Acquisitions Pursuant to MultipleAward Contracts (FAR Case 2007–012) 

This final rule adopts, with changes, 

an interim rule published in the Federal 

Register at 76 FR 14548 on March 16, 

2011, that amended the FAR to 

implement section 863 of the Duncan 

Hunter National Defense Authorization 

Act for Fiscal Year 2009 (Pub. L. 110– 

417). Section 863 requires the FAR to be 

amended to enhance competition in the 

purchase of property and services by all 

executive agencies pursuant to multipleaward contracts (including Federal 

Supply Schedules (FSS)). This final rule 

requires an FSS ordering activity to 

conduct appropriate analysis and 

document the file to determine price 

reasonableness when placing an order 

under a blanket purchase agreement 

(BPA) with hourly rate services. The 

final rule also removes the requirement 

for an ordering activity’s competition 

advocate to approve a contracting 

officer’s annual review of a single-award 

BPA prior to exercise of an option to 

extend the term of the BPA. This should 

benefit contractors because it removes a 

requirement that is considered to be a 

restriction on the use of FSS singleaward BPAs. 

Item IV—Socioeconomic Program 

Parity (FAR Case 2011–004) 

This rule adopts as final, with 

changes, an interim rule published in 

the Federal Register at 76 FR 14566 on 

March 16, 2011, which implemented 

section 1347 of the Small Business Jobs 

Act of 2010 (Pub. L. 111–240). Section 

1347(b) clarifies that there is no order of 

precedence among the small business 

socioeconomic programs. The FAR 

interim rule clarified the existence of 

socioeconomic parity and that 

contracting officers may exercise 

discretion when determining whether 

an acquisition will be restricted to small 

businesses participating in the 8(a) 

Business Development Program (8(a)), 

Historically Underutilized Business 

Zones (HUBZone) Program, ServiceDisabled Veteran-Owned Small 

Business (SDVOSB) Program, or the 

Women-Owned Small Business (WOSB) 

Program. This final rule may have a 

positive impact on small businesses as 

it presents the maximum practicable 

opportunity for small business concerns 

qualified under the socioeconomic 

programs to participate in the 

performance of contracts, and assist 

Federal agencies in meeting each of the 

Government’s small business 

contracting goals. 

Item V—Trade Agreements Thresholds 

(FAR Case 2012–002) 

This final rule adjusts the thresholds 

for application of the World Trade 

Organization Government Procurement 

Agreement and the Free Trade 

Agreements as determined by the 

United States Trade Representative, 

according to a formula set forth in the 

agreements. The threshold changes do 

not have significant cost or 

administrative impact, because they 

maintain the status quo by keeping pace 

with inflation. 

Item VI—New Designated Country 

(Armenia) and Other Trade Agreements 

Updates (FAR Case 2011–030) 

This final rule allows contracting 

officers to purchase the goods and 

services of Armenia without application 

of the Buy American Act if the 

acquisition is covered by the World 

Trade Organization Government 

Procurement Agreement. It also updates 

the lists of countries that are party to the 

Agreement on Trade in Civil Aircraft. 

This rule has no significant impact on 

small business concerns. 

Item VII—Government Property (FAR 

Case 2010–009) 

This final rule amends the FAR to 

clarify reporting, reutilization, and 

disposal of Government property and 

the contractor requirements under the 

Government property clause. The 

proposed rule was published on April 4, 

2011 (76 FR 18497). 

The rule specifically impacts 

contracting officers and contractors by 

clarifying disposal of Government 

property. The rule does not have a 

significant economic impact on small 

entities because the rule does not 

impose any additional requirements on 

small business. 

Item VIII—Technical Amendments 

Editorial changes are made at FAR 

19.812, 42.203, and 52.209–9. 

Dated: February 21, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

[FR Doc. 2012–4502 Filed 3–1–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 19, 42, and 52 

[FAC 2005–56; Item VIII; Docket 2012–0079; 

Sequence 1] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

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Federal Register / Vol. 77, No. 42 / Friday, March 2, 2012 / Rules and Regulations 12949 

Regulation (FAR) in order to make 

editorial changes. 

DATES: Effective Date: March 2, 2012. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, 1275 First Street 

NE., 7th Floor, Washington, DC 20417, 

202–501–4755, for information 

pertaining to status or publication 

schedules. Please cite FAC 2005–56, 

Technical Amendments. 

SUPPLEMENTARY INFORMATION: In order to 

update certain elements in 48 CFR parts 

19, 42, and 52, this document makes 

editorial changes to the FAR. 

List of Subjects in 48 CFR Parts 19, 42, 

and 52 

Government procurement. 

Dated: February 21, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 19, 42, and 52 as 

set forth below: 

■ 1. The authority citation for 48 CFR 

parts 19, 42, and 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). 

PART 19—SMALL BUSINESS 

PROGRAMS 

19.812 [Amended] 

■ 2. Amend section 19.812 by removing 

from paragraph (a) ‘‘http:// 

www.dcma.mil/casbook/casbook.htm’’ 

and adding ‘‘https://pubapp.dcma.mil/ 

CASD/main.jsp’’ in its place. 

PART 42—CONTRACT 

ADMINISTRATION AND AUDIT 

SERVICES 

42.203 [Amended] 

■ 3. Amend section 42.203 by removing 

‘‘http://www.dcma.mil/’’ and adding 

‘‘https://pubapp.dcma.mil/CASD/ 

main.jsp’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.209–9 [Amended] 

■ 4. Amend 52.209–9 by removing 

Alternate I. 

[FR Doc. 2012–4504 Filed 3–1–12; 8:45 am] 

BILLING CODE 6820–EP–P 

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