2710 Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2009–0012, Sequence 1] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–30; 

Introduction 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of 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 in this Federal Acquisition 

Circular (FAC) 2005–30. 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 2005–30 and the 

specific FAR case numbers. For 

information pertaining to status or 

publication schedules, contact the FAR 

Secretariat at (202) 501–4755. 

LIST OF RULES IN FAC 2005–30 

Item Subject FAR case Analyst 

I ............ Federal Procurement Data System (FPDS) .................................................................................... 2004–038 Woodson. 

II ........... Commercially Available Off-the-Shelf (COTS) Items ...................................................................... 2000–305 Jackson. 

III .......... Exemption of Certain Service Contracts from the Service Contract Act (SCA) ............................. 2001–004 Woodson. 

IV .......... Public Disclosure of Justification and Approval Documents for NoncompetitiveContracts-Section 

844 of the National Defense AuthorizationAct for Fiscal Year 2008 (Interim).

2008–003 Woodson. 

V ........... SAFETY Act: Implementation of DHS Regulations ......................................................................... 2006–023 Chambers. 

VI .......... Electronic Products Environmental Assessment Tool (EPEAT) ..................................................... 2006–030 Clark. 

VII ......... Combating Trafficking in Persons .................................................................................................... 2005–012 Woodson. 

VIII ........ Trade Agreements—New Thresholds ............................................................................................. 2007–016 Murphy. 

IX .......... Technical Amendment .....................................................................................................................

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments to these FAR cases, refer to 

the specific item number and subject set 

forth in the documents following these 

item summaries. 

FAC 2005–30 amends the FAR as 

specified below: 

Item I—Federal Procurement Data 

System (FPDS) (FAR Case 2004–038) 

This final rule amends the Federal 

Acquisition Regulation (FAR) Subpart 

4.6 to revise the process for reporting 

contract actions to the Federal 

Procurement Data System (FPDS). The 

rule establishes FPDS as the single 

authoritative source of all procurement 

data for a host of applications and 

reports, such as the Central Contractor 

Registration (CCR), the Electronic 

Subcontracting Reporting System 

(eSRS), the Small Business Goaling 

Report (SRGR), and Resource 

Conservation and Recovery Act (RCRA) 

data. The rule requires Contracting 

Officers to verify the accuracy of 

contract award data prior to reporting 

the data in FPDS. The rule does not 

require any reporting by the vendor 

community, as the FPDS reporting 

requirement is accomplished by 

Government contracting activities. 

Item II—Commercially Available Offthe-Shelf (COTS) Items (FAR Case 

2000–305) 

This final rule amends the Federal 

Acquisition Regulation (FAR) to 

implement Section 4203 of the ClingerCohen Act of 1996 (41 U.S.C. 431) with 

respect to the inapplicability of certain 

laws to contracts and subcontracts for 

the acquisition of commercially 

available off-the-shelf (COTS) items. A 

new FAR section 12.103 outlines the 

treatment of COTS items. This rule will 

reduce the burden on contractors that 

provide commercially available off-theshelf EPA-designated products that 

contain recovered materials and 

contractors that provide construction 

material or end products that are COTS 

items manufactured in the United 

States. Contracting officers will need to 

become acquainted with the new 

definition of ‘‘commercially available 

off-the-shelf item’’ and understand the 

revised definitions of ‘‘domestic end 

product’’ and ‘‘domestic construction 

material.’’ 

Item III—Exemption of Certain Service 

Contracts from the Service Contract Act 

(SCA). (FAR Case 2001–004) 

This rule finalizes, with changes, the 

interim rule that was published in the 

Federal Register at 72 FR 63076 on 

November 7, 2007. This rule is required 

to implement the U.S. Department of 

Labor’s final rule published in the 

Federal Register at 66 FR 5327 on 

January 18, 2001, amending 29 CFR Part 

4. This rule revises the current Service 

Contract Act (SCA) exemption in the 

FAR and adds an SCA exemption for 

contracts for certain additional services 

that meet specific criteria. The rule also 

adds to the Annual Representations and 

Certifications FAR clause at 52.204–8, 

the conditions under which each listed 

provision applies, or for the more 

complex cases, a check-off for the 

contracting officer to indicate whether 

the provision is applicable to the 

solicitation. The rule encourages 

broader participation of Government 

procurement by companies doing 

business in the commercial sector, and 

reinforces the Government’s 

commitment to reduce Governmentunique terms and conditions, without 

compromising the purpose of the SCA 

to protect prevailing labor standards. 

Item IV—Public Disclosure of 

Justification and Approval Documents 

for Noncompetitive Contracts-Section 

844 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Interim) (FAR Case 2008–003) 

This interim rule amends FAR 6.305 

to require agencies to make available for 

public inspection within 14 days after 

contract award the justification required 


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Federal Register / Vol. 74, No. 10 / Thursday, January 15, 2009 / Rules and Regulations 2711 

by 6.303–1, on the website of the agency 

and at the Governmentwide Point of 

Entry (www.fedbizopps.gov). In the case 

of a contract award permitted under 

FAR 6.302–2, the rule requires that the 

justification be posted within 30 days 

after contract award. The rule requires 

that contracting officers shall carefully 

screen all justifications for contractor 

proprietary data and remove all such 

data, and such references and citations 

as are necessary to protect the 

proprietary data, before making the 

justifications available for public 

inspection. This rule implements 

Section 844 of the National Defense 

Authorization Act for Fiscal Year 2008. 

Item V—SAFETY Act: Implementation 

of DHS Regulations (FAR Case 2006– 

023) 

This final rule converts the interim 

rule published in the Federal Register at 

72 FR 63027, November 7, 2007 to a 

final rule with changes. This final rule 

implements the SAFETY Act in the 

FAR. The SAFETY Act provides 

incentives for the development and 

deployment of anti-terrorism 

technologies by creating a system of 

‘‘risk management’’ and a system of 

‘‘litigation management.’’ The purpose 

of the SAFETY Act is to ensure that the 

threat of liability does not deter 

potential manufacturers or sellers of 

antiterrorism technologies from 

developing, deploying, and 

commercializing technologies that could 

save lives. Examples of Qualified AntiTerrorism Technologies (QATT) 

identified by DHS include— 

• Vulnerability assessment and 

countermeasure and counter-terrorism 

planning tools; 

• First responder interoperability 

solution; 

• Marine traffic management system; 

• Security services, guidelines, 

systems, and standards; 

• Vehicle and cargo inspection 

system; 

• X-ray inspection system; 

• Trace explosives detection systems 

and associated support services; 

• Maintenance and repair of 

screening equipment; 

• Risk assessment platform; 

• Explosive and weapon detection 

equipment and services; 

• Biological detection and filtration 

systems; 

• Passenger screening services; 

• Baggage screening services; 

• Chemical, biological, or 

radiological agent release detectors; 

• Vehicle barriers; 

• First responder equipment; and 

• Architectural and engineering 

‘‘hardening’’ products and services. 

Item VI—Electronic Products 

Environmental Assessment Tool 

(EPEAT) (FAR Case 2006–030) 

The Civilian Agency Acquisition 

Council and the Defense Acquisition 

Regulations Council (Councils) have 

adopted as final, without change, the 

interim rule that amended the Federal 

Acquisition Regulation (FAR) to require 

use of the Electronic Products 

Environmental Assessment Tool 

(EPEAT) when acquiring personal 

computer products such as desktops, 

notebooks (also known as laptops), and 

monitors pursuant to the Energy Policy 

Act of 2005 and Executive Order 13423, 

‘‘Strengthening Federal Environmental, 

Energy, and Transportation 

Management.’’ The interim rule revised 

Subpart 23.7, and prescribed a clause at 

52.223–16 (also included in 52.212–5 

for acquisition of commercial items) in 

all solicitations and contracts for the 

acquisition of personal computer 

products, services that require 

furnishing of personal computer 

products for use by the Government, 

and services for contractor operation of 

Government owned facilities. 

Item VII—Combating Trafficking in 

Persons (FAR Case 2005–012) 

This final rule implements Section 

3(b) of the Trafficking Victims 

Protection Reauthorization Act (TVPRA) 

of 2003 (Combating Trafficking In 

Persons). TVPRA addresses the 

victimization of countless men, women, 

and children in the United States and 

abroad. The United States Government 

believes that its contractors can help 

combat trafficking in persons. The 

statute, codified at 22 U.S.C. 7104(g), 

requires that contracts contain a clause 

allowing the agency to terminate the 

contract if a contractor, contractor 

employees, subcontractor, or 

subcontractor employees engage in 

severe forms of trafficking in persons or 

procures a commercial sex act during 

the period of performance of the 

contract, or uses forced labor in the 

performance of the contract. The rule 

provides that the contracting officer may 

consider whether the contractor had a 

Trafficking in Persons awareness 

program at the time of a violation as a 

mitigating factor when determining 

remedies; and a website where the 

contractor may obtain additional 

information about Trafficking in Persons 

and examples of awareness programs. 

Item VIII—Trade Agreements—New 

Thresholds (FAR Case 2007–016) 

This final rule converts the interim 

rule published in the Federal Register at 

73 FR 10962 on February 28, 2008, and 

amended at 73 FR 16747 on March 28, 

2008, to a final rule without change. 

The 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. 

Item IX—Technical Amendment 

An editorial change is made at FAR 

15.101–2. 

Dated: December 24, 2008. 

Edward Loeb, 

Acting Director, Office of Acquisition Policy. 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005-30 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 2005-30 is effective February 17, 

2009, except for Items VIII and IX, 

which are effective January 15, 2009. 

Dated: December 22, 2008. 

Shay D. Assad, 

Director, Defense Procurement. 

Dated: December 24, 2008. 

David A. Drabkin, 

Senior Procurement Executive & Deputy Chief 

Acquisition Officer, Office of the Chief 

Acquisition Officer, U.S. General Services 

Administration. 

Dated: December 22, 2008. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. E9–553 Filed 1–14–09; 8:45 am] 

BILLING CODE 6820–EP–S 


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