Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57453 

Response: The Councils clarify that 

the Brooks Act was recently re-codified 

by Congress and is now identified under 

40 U.S.C. 1101 et seq. and the definition 

of architect-engineer services is defined 

under 40 U.S.C. 1102. 

2. Support interim rule but it does not 

go far enough. Recommend changes in 

the definition. 

Comment: One commenter requested 

that in each place where the term 

‘‘architect-engineer’’ is used in the rule, 

it be replaced with the term 

‘‘architectural and engineering 

(including surveying and mapping) 

services.’’ Another commenter 

requested that all mapping and 

surveying be subjected to qualification 

based selection in conformance with the 

Brooks Act. 

Response: The Councils considered 

these recommendations to be beyond 

the scope of the rule. In addition, the 

Councils have already addressed the 

issue of the procurement of mapping 

services in FAR case 2004–023, 

published in the Federal Register at 70 

FR 20329, April 19, 2005. 

3. Address how GSA plans to prevent 

violation when Agencies use the GSA 

Multiple Award Schedule (MAS) 

program. 

Comment: Four commenters indicated 

that they have concerns with the proper 

use of the MAS program and asked that 

GSA indicate how it plans to eliminate 

the violations. 

Response: GSA has indicated to the 

Councils that it supports the use of the 

qualifications based selection (QBS) 

process for the procurement of A/E 

services for public projects as mandated 

by the Brooks Architect-Engineer Act of 

1972 (Public Law 92–582, 40 U.S.C. 

1102 et seq.), and it does not condone 

any violation of the Brooks Act. To 

ensure that the ordering agencies are 

fully aware of the statutory requirement, 

GSA has indicated that it has taken 

various steps to state that the GSA MAS 

Program may not be used to acquire 

services that are subject to the 

procedures of FAR Subpart 36.6. These 

steps include adding information to the 

online and classroom training, refining 

the scope of MAS contracts, adding a 

notice to GSA portal and MAS 

brochures, adding new FAQ’s on the 

website, and conducting a customer 

compliance survey. GSA also plans on 

conducting reviews of task orders for 

scope compliance and A/E services will 

be part of the reviews. 

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 this 

rule only clarifies an already existing 

requirement that architectural and 

engineering services be procured using 

the procedures at FAR Subpart 36.6. 

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 2, 8, 16, 

and 36 

Government procurement. 

Dated: September 22, 2005. 

Julia B. Wise, 

Director, Contract Policy Division. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 2, 8, 16, and 36, 

which was published at 70 FR 11737, 

March 9, 2005, is adopted as a final rule 

without change. 

[FR Doc. 05–19469 Filed 9–29–05; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 4, 6, 7, 8, 12, 13, 22, 

28, 36, 37, 39, 41, 47, and 52 

[FAC 2005–06; FAR Case 2005–010; Item 

III] 

RIN 9000–AK27 

Federal Acquisition Regulation; Title 

40 of United States Code Reference 

Corrections 

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 reflect the most 

recent codification of Title 40 of the 

United States Code. 

DATES: Effective Date: September 30, 

2005. 

FOR FURTHER INFORMATION CONTACT The 

FAR Secretariat at (202) 501–4755 for 

information pertaining to status or 

publication schedules. For clarification 

of content, contact Mr. Gerald Zaffos, 

Procurement Analyst, at (202) 208–

6091. Please cite FAC 2005–06, FAR 

case 2005–010. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Congress recently codified Title 40 of 

the United States Code. As a result, all 

sections of Title 40 were renumbered. 

This rule corrects the references to Title 

40 in the FAR. 

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 Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant FAR 

revision within the meaning of FAR 

1.501 and Public Law 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR Parts 2, 4, 

6, 7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, 

and 52 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAC 2005–06, FAR 

case 2005–010), in correspondence. 

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 2, 4, 6, 

7, 8, 12, 13, 22, 28, 36, 37, 39, 41, 47, 

and 52 

Government procurement. 

57454 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 

Dated: September 22, 2005. 

Julia B. Wise, 

Director, Contract Policy Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 2, 4, 6, 7, 8, 12, 13, 

22, 28, 36, 37, 39, 41, 47, and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 2, 4, 6, 7, 8, 12, 13, 22, 28, 36, 37, 

39, 41, 47, 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 2—DEFINITIONS OF WORDS 

AND TERMS 

■ 2. Amend section 2.101 in paragraph 

(b) by revising paragraph (1) and the 

first sentence of paragraph (2) of the 

definition ‘‘Governmentwide 

acquisition contract (GWAC)’’, and the 

second sentence of the definition 

‘‘Multi-agency contract (MAC)’’ to read 

as follows: 

2.101 Definitions. 

* * * * * 

(b) * * * 

Governmentwide acquisition contract 

(GWAC) * * * 

(1) By an executive agent designated 

by the Office of Management and 

Budget pursuant to 40 U.S.C. 11302(e); 

or 

(2) Under a delegation of procurement 

authority issued by the General Services 

Administration (GSA) prior to August 7, 

1996, under authority granted GSA by 

former section 40 U.S.C. 759, repealed 

by Pub. L. 104–106. * * * 

* * * * * 

Multi-agency contract (MAC) * * * 

Multi-agency contracts include 

contracts for information technology 

established pursuant to 40 U.S.C. 

11314(a)(2). 

* * * * * 

PART 4—ADMINISTRATIVE MATTERS 

■ 3. Amend section 4.702 by revising 

the second sentence in paragraph (b) to 

read as follows: 

4.702 Applicability. 

* * * * * 

(b) * * * Apart from this exception, 

this subpart applies to record retention 

periods under contracts that are subject 

to Chapter 137, Title 10, U.S.C., or 40 

U.S.C. 101, et seq. 

PART 6—COMPETITION 

REQUIREMENTS 

6.102 [Amended] 

■ 4. Amend section 6.102 in paragraph 

(d)(1) by removing ‘‘Pub. L. 92–582 (40 

U.S.C. 541 et seq.)’’ and adding ‘‘40 

U.S.C. 1102 et seq.’’ in its place. 

PART 7—ACQUISITION PLANNING 

7.103 [Amended] 

■ 5. Amend section 7.103 in paragraph 

(t) by removing ‘‘40 U.S.C. 1422’’ and 

adding ‘‘40 U.S.C. 11312’’ in its place. 

7.105 [Amended] 

■ 6. Amend section 7.105 in paragraph 

(b)(4)(ii)(A) by removing ‘‘40 U.S.C. 

1422’’ and adding ‘‘40 U.S.C. 11312’’ in 

its place. 

PART 8—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

8.001 [Amended] 

■ 7. Amend section 8.001 by removing 

‘‘40 U.S.C. 1422’’ and adding ‘‘40 U.S.C. 

11312’’ in its place. 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

12.503 [Amended] 

■ 8. Amend section 12.503 in paragraph 

(b)(1) by removing ‘‘40 U.S.C. 327’’ and 

adding ‘‘40 U.S.C. 3701’’ in its place. 

12.504 [Amended] 

■ 9. Amend section 12.504 in paragraph 

(b) by removing ‘‘40 U.S.C. 327, et seq.,’’

and adding ‘‘40 U.S.C. 3701 et seq.,’’ in 

its place. 

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES 

13.005 [Amended] 

■ 10. Amend section 13.005 by—

a. Removing from paragraph (a)(2) ‘‘40 

U.S.C. 270a’’ and adding ‘‘40 U.S.C. 

3131’’ in its place; and 

b. Removing from paragraph (a)(3) ‘‘40 

U.S.C. 327–333’’ and adding ‘‘40 U.S.C. 

3701 et seq.’’ in its place. 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.300 [Amended] 

■ 11. Amend section 22.300 by 

removing ‘‘(40 U.S.C. 327–333)’’ and 

adding ‘‘(40 U.S.C. 3701 et seq.)’’ in its 

place. 

22.304 [Amended] 

■ 12. Amend section 22.304 in 

paragraph (a) by removing ‘‘40 U.S.C. 

331’’ and adding ‘‘40 U.S.C. 3706’’ in its 

place. 

22.403–1 [Amended] 

■ 13. Amend section 22.403–1 by 

removing ‘‘(40 U.S.C. 276a–276a–7)’’

and adding ‘‘(40 U.S.C. 3141 et seq.)’’ in 

its place. 

22.403—2 [Amended] 

■ 14. Amend section 22.403–2 by 

removing from the first sentence ‘‘40 

U.S.C. 276c’’ and adding ‘‘40 U.S.C. 

3145’’ in its place. 

22.403—3 [Amended] 

■ 15. Amend section 22.403–3 by 

removing ‘‘(40 U.S.C. 327–333)’’ and 

adding ‘‘(40 U.S.C. 3701 et seq.)’’ in its 

place. 

PART 28—BONDS AND INSURANCE 

28.102—1 [Amended] 

■ 16. Amend section 28.102–1 by—

a. Removing from the introductory 

text of paragraph (a) ‘‘(40 U.S.C. 270a–

270f)’’ and adding ‘‘(40 U.S.C. 3131 et 

seq.)’’ in its place; and 

b. Removing from the introductory 

text of paragraph (b)(1) ‘‘Section 

4104(b)(2) of the Federal Acquisition 

Streamlining Act of 1994 (Public Law 

103–355),’’ and adding ‘‘40 U.S.C. 

3132,’’ in its place. 

28.106—6 [Amended] 

■ 17. Amend section 28.106–6 at the 

end of paragraph (c) by removing ‘‘(see 

40 U.S.C. 270(c))’’ and adding ‘‘(see 40 

U.S.C. 3133)’’ in its place. 

PART 36—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

36.104 [Amended] 

■ 18. Amend section 36.104 by 

removing from the first sentence ‘‘(40 

U.S.C. 541, et seq.)’’ and adding ‘‘(40 

U.S.C. 1101 et seq.)’’ in its place. 

■ 19. Amend section 36.601–1 by 

revising the parenthetical sentence at 

the end of the paragraph to read as 

follows: 

36.601–1 Public announcement. 

* * * (See 40 U.S.C. 1101 et seq. 

PART 37—SERVICE CONTRACTING 

37.102 [Amended] 

■ 20. Amend section 37.102 in 

paragraph (a)(1)(i) by removing ‘‘40 

U.S.C. 541–544’’ and adding ‘‘40 U.S.C. 

1101 et seq.’’ in its place. 

37.202 [Amended] 

■ 21. Amend section 37.202 in 

paragraph (b) by removing ‘‘(Section 901 

of the Federal Property and 

Administrative Services Act of 1949, 40 

U.S.C. 541).’’ and adding ‘‘(40 U.S.C. 

1102).’’ in its place. 

37.301 [Amended] 

■ 22. Amend section 37.301 in the first 

sentence by removing ‘‘(40 U.S.C. 276a–

276a–7)’’ and adding ‘‘(40 U.S.C. 3141 et 

seq.)’’ in its place. 

Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations 57455 

37.302 [Amended] 

■ 23. Amend section 37.302 in the 

introductory text by removing ‘‘(40 

U.S.C. 270a–270f)’’ and adding ‘‘(40 

U.S.C. 3131 et seq.)’’ in its place. 

PART 39—ACQUISTION OF 

INFORMATION TECHNOLOGY 

39.001 [Amended] 

■ 24. Amend section 39.001 in the 

second sentence by removing ‘‘40 U.S.C. 

1412’’ and adding ‘‘40 U.S.C. 11302’’ in 

its place. 

PART 41—ACQUISTION OF UTILITY 

SERVICES 

41.103 [Amended] 

■ 25. Amend section 41.103 by—

a. Removing from paragraph (a)(1) in 

the first sentence ‘‘section 201 of the 

Federal Property and Administrative 

Services Act of 1949, as amended (40 

U.S.C. 481),’’ and from the third 

sentence ‘‘section 201 of the Act’’ and 

adding ‘‘40 U.S.C. 501’’ in both places; 

and 

b. Removing from paragraph (a)(2) ‘‘40 

U.S.C. 474(d)(3)’’ and adding ‘‘40 U.S.C. 

113(e)(3)’’ in its place. 

PART 47—TRANSPORTATION 

47.102 [Amended] 

■ 26. Amend section 47.102 in 

paragraph (a)(2) by removing ‘‘(40 

U.S.C. 726)’’ and adding ‘‘(40 U.S.C. 

17307)’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.212–4 [Amended] 

■ 27. Amend section 52.212–4 by—

a. Revising the date of the clause to 

read ‘‘(SEP 2005)’’; and 

b. Removing from paragraph (r) of the 

clause ‘‘40 U.S.C. 327’’ and adding ‘‘40 

U.S.C. 3701’’ in its place. 

52.228–15 [Amended] 

■ 28. Amend section 52.228–15 by—

a. Revising the date of the clause to 

read ‘‘(SEP 2005)’’; and 

b. Removing from the heading of 

paragraph (e) of the clause ‘‘(40 U.S.C. 

270b(c)’’; and adding ‘‘(40 U.S.C. 

3133(c))’’ in its place. 

52.232–27 [Amended] 

■ 29. Amend section 52.232–27 by—

a. Revising the date of the clause to 

read ‘‘(SEP 2005)’’; and 

b. Removing from the introductory 

text of paragraph (f)(1) of the clause 

‘‘section 2 of the Act of August 24, 1935 

(40 U.S.C. 270b, Miller Act),’’ and 

adding ‘‘the Miller Act (40 U.S.C. 

3133),’’ in its place. 

[FR Doc. 05–19470 Filed 9–29–05; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 3 and 52 

[FAC 2005–06; FAR Case 1989–093; Item 

IV] 

RIN 9000–AD76 

Federal Acquisition Regulation; 

Implementation of the Anti-Lobbying 

Statute 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: The Department of Defense 

(DoD), General Services Administration 

(GSA), and National Aeronautics and 

Space Administration (NASA) have 

agreed to convert the interim rule 

published in the Federal Register at 55 

FR 3190, January 30, 1990, to a final 

rule with several minor changes. The 

interim rule amended the Federal 

Acquisition Regulation (FAR) to 

implement section 319 of the 

Department of the Interior and Related 

Agencies Appropriations Act, Public 

Law 101–121, which added a new 

section 1352 to title 31 U.S.C. entitled 

‘‘Limitation on use of appropriated 

funds to influence certain Federal 

contracting and financial transactions.’’

Section 319 generally prohibits 

recipients of Federal contracts, grants, 

and loans from using appropriated 

funds for lobbying the executive or 

legislative branches of the Federal 

Government in connection with a 

specific contract, grant, or loan. Section 

319 also requires that each person who 

requests or receives a Federal contract, 

grant, or cooperative agreement in 

excess of $100,000, or a loan, or Federal 

commitment to insure or guarantee a 

loan, in excess of $150,000 must 

disclose lobbying with other than 

appropriated funds. 

DATES: Effective Date: September 30, 

2005. 

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat at (202) 501–4755 for 

information pertaining to status or 

publication schedules. For clarification 

of content, contact Mr. Ernest Woodson, 

Procurement Analyst, at (202) 501–

3775. Please cite FAC 2005–06, FAR 

case 1989–093. 

SUPPLEMENTARY INFORMATION: 

A. Background 

DoD, GSA, and NASA published an 

interim rule in the Federal Register at 

55 FR 3190, January 30, 1990. The 

interim rule amended the Federal 

Acquisition Regulation to implement 

Section 319 of the Department of the 

Interior and Related Agencies 

Appropriations Act, Public Law 101–

121, which added a new section 1352 to 

title 31 U.S.C. entitled ‘‘Limitation on 

use of appropriated funds to influence 

certain Federal contracting and financial 

transactions.’’ Section 319 prohibits the 

recipients of Federal contracts, grants, 

loans and cooperative agreements from 

using appropriated funds for lobbying 

the executive or legislative branches of 

the Federal Government in connection 

with a specific contract, grant, loan or 

cooperative agreement. It also requires 

that each person who requests or 

receives a Federal contract, grant, or 

cooperative agreement, in excess of 

$100,000, or a loan, or Federal 

commitment to insure or guarantee a 

loan, in excess of $150,000, must 

disclose lobbying with other than 

appropriated funds. 

Section 1352 required the Office of 

Management and Budget (OMB) to issue 

guidance for agency implementation of, 

and compliance with, its requirements, 

which OMB published on December 20, 

1989 (54 FR 52306). After the interim 

FAR rule was published in the Federal 

Register at 55 FR 3190, January 30, 

1990, OMB published a clarification 

notice to their earlier guidance on June 

15, 1990 (55 FR 24540). 

After consideration of the public 

comments that were received, DoD, 

GSA, and NASA have agreed to convert 

the interim rule to a final rule with 

minor changes as discussed in Section 

B. 

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. Public Comments 

Ninety-four respondents submitted 

comments. Twenty of the respondents 

agreed or disagreed with the interim 

rule without offering suggested changes. 

The remaining respondents 

recommended revisions to clarify 

definitions and revise terminology; 

clarify or add to the list of exceptions to