[Federal Register Volume 72, Number 225 (Friday, November 23, 2007)]
[Rules and Regulations]
[Page 65868]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5798]



[[Page 65867]]

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Part IV





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1, Parts 2, 22, 23 et al.



Federal Acquisition Regulation; Final Rules and Small Entity Compliance 
Guide

Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / 
Rules and Regulations

[[Page 65868]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR-2007-0002, Sequence 7]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-22; Introduction

AGENCIES: 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 in this Federal Acquisition 
Circular (FAC) 2005-22. 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 2005-22 and 
the specific FAR case number(s). For information pertaining to status 
or publication schedules, contact the FAR Secretariat at (202) 501-
4755.

                                          List of Rules in FAC 2005-22
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      Item                          Subject                             FAR case                 Analyst
----------------------------------------------------------------------------------------------------------------
I..............  Implementation of Section 104 of the Energy    2006-008                 Clark.
                  Policy Act of 2005.
II.............  Contractor Code of Business Ethics and         2006-007                 Woodson.
                  Conduct.
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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 2005-22 amends the FAR as specified below:

Item I--Implementation of Section 104 of the Energy Policy Act of 2005 
(FAR Case 2006-008)

    This final rule implements Section 104 of the Energy Policy Act of 
2005. Section 104 requires that all acquisitions of energy consuming-
products and all contracts that involve the furnishing of energy-
consuming products require acquisition of ENERGY STAR[reg] or Federal 
Energy Management Program (FEMP) designated products. The final rule 
provides a clause for the Contracting Officer to insert in 
solicitations and contracts to ensure that suppliers and service and 
construction contractors recognize when energy-consuming products must 
be ENERGY STAR[reg] or FEMP-designated.

Item II--Contractor Code of Business Ethics and Conduct (FAR Case 2006-
007)

    This final rule amends Federal Acquisition Regulation (FAR) Parts 
2, 3, and 52 to address the requirements for a contractor code of 
business ethics and conduct and the display of Federal agency Office of 
the Inspector General (OIG) Fraud Hotline Posters. In response to 
public comments, this final rule reduces the burden on small entities 
by making the requirements for a formal training program and internal 
control system inapplicable to small businesses. If a small business 
subsequently finds itself in trouble ethically during the performance 
of a contract, the need for a training program and internal controls 
will likely be addressed by the Federal Government at that time, during 
a criminal or civil lawsuit or debarment or suspension.

    Dated: November 16, 2007.
Al Matera,
Director, Office of Acquisition Policy.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-22 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 2005-22 is 
effective December 24, 2007.

    Dated: November 15, 2007.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.

    Dated: November 16, 2007.
Al Matera,
Acting Deputy Chief Acquisition Officer, Office of the Chief 
Acquisition Officer, General Services Administration.

    Dated: November 14, 2007.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. 07-5798 Filed 11-21-07; 8:45 am]
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