[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Page 23364]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-9200]



[[Page 23363]]

Vol. 77

Wednesday,

No. 75

April 18, 2012

Part III





Department of Defense





General Services Administration





National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations; Final Rules

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

[[Page 23364]]


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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.

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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              2010-018  Davis.
                                          Export of Sensitive
                                          Technology to Iran.
III....................................  Justification and Approval of         2009-038  Morgan.
                                          Sole-Source 8(a) Contracts.
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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