Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Rules and Regulations 63075 

(End of clause) 

52.227–21 Technical Data Declaration, 

Revision, and Withholding of Payment—

Major Systems. 

As prescribed in 27.409(j), insert the 

following clause: 

TECHNICAL DATA DECLARATION, 

REVISION, AND WITHHOLDING OF 

PAYMENT—MAJOR SYSTEMS (DEC 2007) 

(a) Scope of declaration. The Contractor 

shall provide, in accordance with 41 U.S.C. 

418a (d)(7), the following declaration with 

respect to all technical data that relate to a 

major system and that are delivered or 

required to be delivered under this contract 

or that are delivered within 3 years after 

acceptance of all items (other than technical 

data) delivered under this contract unless a 

different period is set forth in the contract. 

The Contracting Officer may release the 

Contractor from all or part of the 

requirements of this clause for specifically 

identified technical data items at any time 

during the period covered by this clause. 

(b) Technical data declaration. (1) All 

technical data that are subject to this clause 

shall be accompanied by the following 

declaration upon delivery: 

Technical Data Declaration (Jan 1997) 

The Contractor, llllllll, hereby 

declares that, to the best of its knowledge and 

belief, the technical data delivered herewith 

under Government contract No. 

llllllll (and subcontract 

llllllll, if appropriate) are 

complete, accurate, and comply with the 

requirements of the contract concerning such 

technical data. 

(End of declaration) 

(2) The Government may, at any time 

during the period covered by this clause, 

direct correction of any deficiencies that are 

not in compliance with contract 

requirements. The corrections shall be made 

at the expense of the Contractor. 

Unauthorized markings on data shall not be 

considered a deficiency for the purpose of 

this clause, but will be treated in accordance 

with paragraph (e) of the Rights in Data—

General clause included in this contract. 

(c) Technical data revision. The Contractor 

also shall, at the request of the Contracting 

Officer, revise technical data that are subject 

to this clause to reflect engineering design 

changes made during the performance of this 

contract and affecting the form, fit, and 

function of any item (other than technical 

data) delivered under this contract. The 

Contractor may submit a request for an 

equitable adjustment to the terms and 

conditions of this contract for any revisions 

to technical data made pursuant to this 

paragraph. 

(d) Withholding of payment. (1) At any 

time before final payment under this contract 

the Contracting Officer may withhold 

payment as a reserve up to an amount not 

exceeding $100,000 or 5 percent of the 

amount of this contract, whichever is less, if 

the Contractor fails to—

(i) Make timely delivery of the technical 

data; 

(ii) Provide the declaration required by 

paragraph (b)(1) of this clause; 

(iii) Make the corrections required by 

paragraph (b)(2) of this clause; or 

(iv) Make revisions requested under 

paragraph (c) of this clause. 

(2) The Contracting Officer may withhold 

the reserve until the Contractor has complied 

with the direction or requests of the 

Contracting Officer or determines that the 

deficiencies relating to delivered data, arose 

out of causes beyond the control of the 

Contractor and without the fault or 

negligence of the Contractor. 

(3) The withholding of any reserve under 

this clause, or the subsequent payment of the 

reserve, shall not be construed as a waiver of 

any Government rights. 

(End of clause) 

52.227–22 [Amended] 

■ 26. Amend section 52.227–22 by 

removing from the introductory 

paragraph ‘‘27.409(r)’’ and adding ‘‘

27.409(k)’’ in its place. 

52.227–23 [Amended] 

■ 27. Amend section 52.227–23 by 

removing from the introductory 

paragraph ‘‘27.409(s)’’ and adding 

‘‘27.409(l)’’ in its place. 

[FR Doc. 07–5475 Filed 11–6–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 4, 5, and 13 

[FAC 2005–21; FAR Case 2006–015; Item 

IV; Docket 2007–0001; Sequence 10] 

RIN 9000–AK68 

Federal Acquisition Regulation; FAR 

Case 2006–015, Federal Computer 

Network (FACNET) Architecture 

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 delete references to 

FACNET. 

DATES: Effective Date: December 7, 2007 

FOR FURTHER INFORMATION CONTACT Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAC 2005–21, FAR case 

2006–015. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Councils published a proposed 

rule with request for comments in the 

Federal Register at 72 FR 4675 on 

February 1, 2007, to amend the FAR to 

remove FACNET references and provide 

the opportunity to recognize the 

evolution of alternative technologies 

and processes, etc., that Federal 

agencies are using and will use to satisfy 

their acquisition needs without 

removing the use of FACNET for 

Federal agencies that may use the 

system. The comment period closed 

April 2, 2007. No public comments were 

received on the rule. The Councils have 

agreed to adopt the proposed rule as 

final without change. 

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 

DoD, GSA, and NASA 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 the 

rule addresses the deletion of a term 

used to describe a system for the 

electronic data interchange of 

acquisition information between the 

private sector and the Federal 

Government without removing the use 

of the system. The rule does not present 

new requirements that impose a burden 

on contractors. No comments were 

received with regard to an impact on 

small business. 

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, 5, 

and 13. 

Government procurement. 

Dated: October 31, 2007. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 2, 4, 5, and 13 as 

set forth below: 

mstockstill on PROD1PC66 with RULES3

63076 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Rules and Regulations 

■ 1. The authority citation for 48 CFR 

parts 2, 4, 5, and 13 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 

2.101 [Amended] 

■ 2. Amend section 2.101(b)(2) by 

removing the definition ‘‘Federal 

Acquisition Computer (Network 

FACNET) Architecture.’’

PART 4—ADMINISTRATIVE MATTERS 

■ 3. Amend section 4.502 by revising 

paragraph (b)(2) to read as follows: 

4.502 Policy. 

* * * * * 

(b) * * * 

(2) Are implemented only after 

considering the full or partial use of 

existing infrastructures; 

* * * * * 

PART 5—PUBLICIZING CONTRACT 

ACTIONS 

5.101 [Amended] 

■ 4. Amend section 5.101 by removing 

from paragraph (a)(2)(ii) the words ‘‘or 

Federal Acquisition Computer Network 

(FACNET)’’. 

■ 5. Amend section 5.102 by revising 

paragraph (a)(3) to read as follows: 

5.102 Availability of solicitations. 

(a) * * * 

(3) The contracting officer must 

ensure that solicitations transmitted 

using electronic commerce are 

forwarded to the GPE to satisfy the 

requirements of paragraph (a)(1) of this 

section. 

* * * * * 

■ 6. Amend section 5.201 by revising 

paragraph (b)(2) to read as follows: 

5.201 General. 

* * * * * 

(b) * * * 

(2) When transmitting notices using 

electronic commerce, contracting 

officers must ensure the notice is 

forwarded to the GPE. 

* * * * * 

5.203 [Amended] 

■ 7. Amend section 5.203 in paragraph 

(b) by removing the words ‘‘via FACNET 

or for which’’ and adding the word 

‘‘where’’ in its place. 

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES 

13.104 [Amended] 

■ 8. Amend section 13.104 by removing 

from paragraph (b) the words ‘‘using 

either FACNET or’’. 

■ 9. Amend section 13.105 by revising 

paragraph (a) to read as follows: 

13.105 Synopsis and posting 

requirements. 

(a) The contracting officer must 

comply with the public display and 

synopsis requirements of 5.101 and 

5.203 unless an exception in 5.202 

applies. 

* * * * * 

■ 10. Amend section 13.106–1 by 

revising paragraph (f) to read as follows: 

13.106–1 Soliciting competition. 

* * * * * 

(f) Inquiries. An agency should 

respond to inquiries received through 

any medium (including electronic 

commerce) if doing so would not 

interfere with the efficient conduct of 

the acquisition. 

13.106–2 [Amended] 

■ 11. Amend section 13.106–2 by 

removing from paragraph (b)(4) 

introductory text the words ‘‘FACNET 

or’’. 

13.106–3 [Amended] 

■ 12. Amend section 13.106–3 by 

removing from paragraph (c) the words 

‘‘FACNET or’’. 

13.307 [Amended] 

■ 13. Amend section 13.307 by 

removing from paragraph (b)(1) ‘‘via 

FACNET,’’ and the comma after 

‘‘electronically’’. 

[FR Doc. 07–5479 Filed 11–6–07; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 4, 15, 17, 22, and 52 

[FAC 2005–21; FAR Case 2001–004; Item 

V; Docket 2007–0001, Sequence 6] 

RIN 9000–AK82 

Federal Acquisition Regulation; FAR 

Case 2001–004, Exemption of Certain 

Service Contracts from the Service 

Contract Act (SCA) 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Interim rule with request for 

comments. 

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed on an interim 

rule amending the Federal Acquisition 

Regulation (FAR) to revise the current 

SCA exemption and to add a SCA 

exemption for contracts for certain 

additional services that meet specific 

criteria. 

DATES: Effective Date: November 7, 

2007. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before January 7, 

2008 to be considered in the 

formulation of a final rule. 

ADDRESSES: Submit comments 

identified by FAC 2005–21, FAR case 

2001–004, by any of the following 

methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. To search for any 

document, first select under ‘‘Step 1,’’

‘‘Documents with an Open Comment 

Period’’ and select under ‘‘Optional Step 

2,’’ ‘‘Federal Acquisition Regulation’’ as 

the agency of choice. Under ‘‘Optional 

Step 3,’’ select ‘‘Rules’’. Under 

‘‘Optional Step 4,’’ from the drop down 

list, select ‘‘Document Title’’ and type 

the FAR case number ‘‘2001–004’’. Click 

the ‘‘Submit’’ button. Please include 

your name and company name (if any) 

inside the document. 

You may also search for any 

document by clicking on the ‘‘Search for 

Documents’’ tab at the top of the screen. 

Select from the agency field ‘‘Federal 

Acquisition Regulation’’, and type 

‘‘2001–004’’ in the ‘‘Document Title’’

field. Select the ‘‘Submit’’ button. 

• Fax: 202–501–4067. 

• Mail: General Services 

Administration, Regulatory Secretariat 

(VIR), 1800 F Street, NW, Room 4035, 

ATTN: Laurieann Duarte, Washington, 

DC 20405. 

Instructions: Please submit comments 

only and cite FAC 2005–21, FAR case 

2001–004, in all correspondence related 

to this case. All comments received will 

be posted without change to http:// 

www.regulations.gov. Please include 

your name and company name (if any) 

inside the document. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. Please cite FAC 2005–21, FAR 

case 2001–004. For information 

pertaining to status or publication 

mstockstill on PROD1PC66 with RULES3