[Federal Register Volume 72, Number 225 (Friday, November 23, 2007)]
[Rules and Regulations]
[Page 65883]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 07-5797]



[[Page 65883]]

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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; Small Entity Compliance Guide

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.

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SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the 
Administrator of the National Aeronautics and Space Administration. 
This Small Entity Compliance Guide has been prepared in accordance with 
Section 212 of the Small Business Regulatory Enforcement Fairness Act 
of 1996. It consists of a summary of rules appearing in Federal 
Acquisition Circular (FAC) 2005-22 which amend the FAR. An asterisk (*) 
next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding these rules by referring to FAC 2005-22 which precedes this 
document. These documents are also available via the Internet at http://www.regulations.gov.

FOR FURTHER INFORMATION CONTACT Laurieann Duarte, FAR Secretariat, 
(202) 501-4225. For clarification of content, contact the analyst whose 
name appears in the table below.

                                          List of Rules in FAC 2005-22
----------------------------------------------------------------------------------------------------------------
      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.
[FR Doc. 07-5797 Filed 11-21-07; 8:45 am]
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