23364 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2012–0080, Sequence 3] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–58; 

Introduction 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of final 

rules. 

SUMMARY: This document summarizes 

the Federal Acquisition Regulation 

(FAR) rules agreed to by the Civilian 

Agency Acquisition Council and the 

Defense Acquisition Regulations 

Council (Councils) in this Federal 

Acquisition Circular (FAC) 2005–58. 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: The 

analyst whose name appears in the table 

below in relation to each FAR case. 

Please cite FAC 2005–58 and the 

specific FAR case numbers. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at 202–501–4755. 

LIST OF RULES IN FAC 2005–58 

Item Subject FAR case Analyst 

I ........................................ Biobased Procurements .................................................................................................. 2010–004 Clark. 

II ....................................... Representation Regarding Export of Sensitive Technology to Iran ................................ 2010–018 Davis. 

III ...................................... Justification and Approval of Sole-Source 8(a) Contracts .............................................. 2009–038 Morgan. 

IV ..................................... Technical Amendments.

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments made by these FAR cases, 

refer to the specific item numbers and 

subject set forth in the documents 

following these item summaries. FAC 

2005–58 amends the FAR as specified 

below: 

Item I—Biobased Procurements (FAR 

Case 2010–004) 

This final rule amends the FAR to 

implement changes that require 

contractors to report the biobased 

products purchased under service and 

construction contracts. The Farm 

Security and Rural Investment Act (7 

U.S.C. 8102) requires agencies to report 

this information to the Office of Federal 

Procurement Policy. This reporting will 

enable agencies to monitor compliance 

with the Federal preference for 

purchasing biobased products. 

Contractors may need to create an 

inventory management system to track 

the biobased products purchased for 

each contract. However, this rule may 

enhance small business biobased 

product suppliers’ participation in this 

market. 

Item II—Representation Regarding 

Export of Sensitive Technology to Iran 

(FAR Case 2010–018) 

This final rule adopts, with minor 

changes, an interim rule which added a 

representation to implement section 106 

of the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010. Section 106 imposes a 

procurement prohibition relating to 

contracts with persons that export 

certain sensitive technology to Iran. 

This rule has no significant impact on 

small business concerns. 

Item III—Justification and Approval of 

Sole-Source 8(a) Contracts (FAR Case 

2009–038) 

This rule adopts as final, without 

change, an interim rule published in the 

Federal Register at 76 FR 14559 on 

March 16, 2011, which implemented 

section 811 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84). Section 811 prohibits 

the award of a sole-source contract in an 

amount over $20 million under the 8(a) 

program authority (15 U.S.C. 637(a)) 

without first obtaining a written 

Justification and Approval (J&A) 

approved by an appropriate official, and 

making public the J&A and related 

information. This internal Government 

requirement for the development and 

approval of a sole-source J&A for 8(a) 

sole-source awards over $20 million 

neither prohibits such awards nor 

increases the qualifications required of 

8(a) firms. 

Item IV—Technical Amendments 

Editorial changes are made at FAR 

1.201–1, 52.212–5, and 52.219–28. 

Dated: April 11, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Federal Acquisition Circular (FAC) 

2005–58 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 2005–58 is effective April 18, 

2012, except for Items I and II which are 

effective May 18, 2012. 

Dated: April 10, 2012. 

Richard Ginman, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: April 5, 2012. 

Joseph A. Neurauter, 

Senior Procurement Executive/Deputy CAO, 

Office of Acquisition Policy, U.S. General 

Services Administration. 

Dated: April 11, 2012. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. 2012–9200 Filed 4–17–12; 8:45 a.m.] 

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