Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Rules and Regulations 63089 

provide greater flexibilities for 

contracting officers when selecting 

sources of pricing data. 

DATES: Effective Date: December 7, 2007. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. The TTY Federal Relay Number 

for further information is 1–800–877–

8973. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAC 2005–21, FAR case 

2007–001. 

SUPPLEMENTARY INFORMATION: 

A. Background 

FAR 22.404–12(c)(2) allows the 

contracting officer to include in the 

contract a separately specified pricing 

method that permits an adjustment to 

the contract price or contract labor unit 

price at the exercise of each option to 

extend the term of the contract. 

References to published pricing sources 

are included to assist the contracting 

officer in identifying pricing data to 

support the pricing method used to 

calculate the contract pricing 

adjustment. This final rule revises the 

language at FAR 22.404–12(c)(2) that 

references published pricing sources 

available to the contracting officer. The 

FAR currently references a single 

commercial product and the intent of 

this change is to not show favor to any 

commercial product. The revised 

language deletes the specified product 

and allows the contracting officer to 

choose any commercial product. 

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 Part 22 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 2005–21, FAR case 2007–

001), 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 Part 22 

Government procurement. 

Dated: October 31, 2007. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 22 as set forth 

below: 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 1. The authority citation for 48 CFR 

part 22 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). 

■ 2. Amend section 22.404–12 by 

revising the third sentence of paragraph 

(c)(2) to read as follows: 

22.404–12 Labor standards for contracts 

containing construction requirements and 

option provisions that extend the term of 

the contract. 

* * * * * 

(c) * * * 

(2) * * * An example of a contract 

pricing method that the contracting 

officer might separately specify is 

incorporation in the solicitation and 

resulting contract of the pricing data 

from an annually published unit pricing 

book (e.g., the U.S. Army ComputerAided Cost Estimating System or similar 

commercial product), which is 

multiplied in the contract by a factor 

proposed by the contractor (e.g., .95 or 

1.1). * * * 

* * * * * 

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BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 25, 52, and 53 

[FAC 2005–21; Item VIII; Docket FAR–2007–

0003; Sequence 3] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation (FAR) in order to make 

editorial changes. 

DATES: Effective Date: November 7, 

2007. 

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat, Room 4035, GS 

Building, Washington, DC, 20405, (202) 

501–4755, for information pertaining to 

status or publication schedules. Please 

cite FAC 2005–21, Technical 

Amendments. 

List of Subjects in 48 CFR Parts 1, 25, 

52, and 53 

Government procurement. 

Dated: October 31, 2007. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 1, 25, 52, and 53 

as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 1, 25, 52, and 53 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 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

1.106 [Amended] 

■ 2. Amend section 1.106 by removing 

FAR Segments 52.210–8 with OMB 

Control Number ‘‘9000–0018’’, 52.210–9 

with OMB Control Number ‘‘9000–

0016’’, 52.210–10 with OMB Control 

Number ‘‘9000–0017’’, and 52.212–1 

and 52.212–2 with OMB Control 

Number ‘‘9000–0043’’; and adding, in 

numerical order, FAR Segments 52.211–

8 and 52.211–9 with OMB Control 

Number ‘‘9000–0043’’. 

PART 25—FOREIGN ACQUISITION 

25.003 [Amended] 

■ 3. Amend section 25.003 in the 

definition ‘‘Caribbean Basin country end 

product’’ by removing from paragraph 

(1)(ii)(B) ‘‘http:// 

www.customs.ustreas.gov/impoexpo/ 

impoexpo.htm’’ and adding ‘‘http:// 

www.usitc.gov/tata/hts/’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.212–5 [Amended] 

■ 4. Amend section 52.212–5 by—

■ a. Revising date of the clause to read 

‘‘(Nov 2007)’’; 

■ b. Removing from paragraph (b)(8)(i) 

‘‘(Sep 2007)’’ and adding ‘‘(Nov 2007)’’

in its place; and 

■ c. Removing from paragraph (b)(28) 

‘‘(Aug 2007)’’ and adding ‘‘(Nov 2007)’’

in its place. 

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63090 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Rules and Regulations 

■ 5. Amend section 52.219–9 by 

revising the date of the clause and 

paragraph (d)(1) to read as follows: 

52.219–9 Small Business Subcontracting 

Plan. 

* * * * * 

SMALL BUSINESS SUBCONTRACTING 

PLAN (Nov 2007) 

* * * * * 

(d) * * * 

(1) Goals, expressed in terms of 

percentages of total planned subcontracting 

dollars, for the use of small business, veteranowned small business, service-disabled 

veteran-owned small business, HUBZone 

small business, small disadvantaged 

business, and women-owned small business 

concerns as subcontractors. The offeror shall 

include all subcontracts that contribute to 

contract performance, and may include a 

proportionate share of products and services 

that are normally allocated as indirect costs. 

In accordance with 43 U.S.C. 1626: 

* * * * * 

52.225–5 [Amended] 

■ 6. Amend section 52.225–5 by 

revising date of the clause to read ‘‘(Nov 

2007)’’; and in paragraph (a) in the 

definition ‘‘Caribbean Basin country end 

product’’ by removing from paragraph 

(1)(ii)(B) ‘‘http:/ 

www.customs.ustreas.gov/impoexpo/ 

impoexpo.htm’’ and adding ‘‘http:// 

www.usitc.gov/tata/hts/’’ in its place. 

52.225–17 [Amended] 

■ 7. Amend section 52.225–17 by 

removing from the introductory text 

‘‘25.1103(d)’’, and adding ‘‘25.1103(c)’’

in its place. 

PART 53—FORMS 

53.213 [Amended] 

■ 8. Amend section 53.213 by removing 

from paragraph (f) ‘‘OF 347 (Rev. 3/ 

2005)’’ and ‘‘OF 348 (Rev. 10/83 Ed.)’’

and adding ‘‘OF 347 (Rev. 4/06)’’ and 

‘‘OF 348 (Rev. 4/06)’’ in its place, 

respectively. 

■ 9. Revise section 53.302–347 to read 

as follows: 

53.302–347 Order for Supplies or Services. 

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63092 Federal Register / Vol. 72, No. 215 / Wednesday, November 7, 2007 / Rules and Regulations 

■ 10. Revise section 53.302–348 to read 

as follows: 

53.302–348 Order for Supplies or Services 

Schedule—Continuation. 

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[FR Doc. 07–5484 Filed 11–6–07; 8:45 am] 

BILLING CODE 6820–EP–C 


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