65868 Federal Register / Vol. 72, No. 225 / Friday, November 23, 2007 / Rules and Regulations 

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. 

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 

Item Subject FAR case Analyst 

I ............ Implementation of Section 104 of the Energy Policy Act of 2005 .................................................. 2006–008 Clark. 

II ........... Contractor Code of Business Ethics and Conduct .......................................................................... 2006–007 Woodson. 

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 consumingproducts and all contracts that involve 

the furnishing of energy-consuming 

products require acquisition of ENERGY 

STAR 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 energyconsuming products must be ENERGY 

STAR 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] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 2, 22, 23, 36, and 52 

[FAC 2005–22; FAR Case 2006–008; Item 

I; Docket 2006–020; Sequence 12] 

RIN 9000–AK63 

Federal Acquisition Regulation; FAR 

Case 2006–008, Implementation of 

Section 104 of the Energy Policy Act of 

2005 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

mstockstill on PROD1PC66 with RULES2