Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 54007 

(2) Provide a copy of the remittance and 

supporting documentation to the Contracting 

Officer. 

(End of clause) 

* * * * * 

■ 14. Amend section 52.232–26 by 

revising the date of the clause and 

paragraph (c) to read as follows: 

52.232–26 Prompt Payment for Fixed-Price 

Architect-Engineer Contracts. 

* * * * * 

PROMPT PAYMENT FOR FIXEDPRICE ARCHITECT-ENGINEER 

CONTRACTS (OCT 2008) 

* * * * * 

(c) Overpayments. If the Contractor 

becomes aware of a duplicate contract 

financing or invoice payment or that the 

Government has otherwise overpaid on a 

contract financing or invoice payment, the 

Contractor shall— 

(1) Remit the overpayment amount to the 

payment office cited in the contract along 

with a description of the overpayment 

including the— 

(i) Circumstances of the overpayment (e.g., 

duplicate payment, erroneous payment, 

liquidation errors, date(s) of overpayment); 

(ii) Affected contract number and delivery 

order number if applicable; 

(iii) Affected contract line item or subline 

item, if applicable; and 

(iv) Contractor point of contact. 

(2) Provide a copy of the remittance and 

supporting documentation to the Contracting 

Officer. 

(End of clause) 

■ 15. Amend section 52.232–27 by 

revising the date of the clause and 

paragraph (l) to read as follows: 

52.232–27 Prompt Payment for 

Construction Contracts. 

* * * * * 

PROMPT PAYMENT FOR 

CONSTRUCTION CONTRACTS (OCT 

2008) 

* * * * * 

(l) Overpayments. If the Contractor 

becomes aware of a duplicate contract 

financing or invoice payment or that the 

Government has otherwise overpaid on a 

contract financing or invoice payment, the 

Contractor shall— 

(1) Remit the overpayment amount to the 

payment office cited in the contract along 

with a description of the overpayment 

including the— 

(i) Circumstances of the overpayment (e.g., 

duplicate payment, erroneous payment, 

liquidation errors, date(s) of overpayment); 

(ii) Affected contract number and delivery 

order number if applicable; 

(iii) Affected contract line item or subline 

item, if applicable; and 

(iv) Contractor point of contact. 

(2) Provide a copy of the remittance and 

supporting documentation to the Contracting 

Officer. 

(End of clause) 

[FR Doc. E8–21382 Filed 9–16–08; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 12 

[FAC 2005–27; FAR Case 2007–022; Item 

VII; Docket 2008–0001; Sequence 13] 

RIN 9000–AL03 

Federal Acquisition Regulation; FAR 

Case 2007–022, Subcontractor 

Requests for Bonds 

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 clarify that the 

clause ‘‘Prospective Subcontractor 

Requests for Bonds’’ does not apply to 

commercial items. 

DATES: Effective Date: September 17, 

2008. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Michael Jackson, Procurement Analyst, 

at (202) 208–4949 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAC 2005–27, FAR case 

2007–022. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The FAR clause at FAR 52.228–12, 

Prospective Subcontractor Requests for 

Bonds, implemented Section 806(a)(3) 

of Public Law 102–190, as amended, 

which specifies that, upon the request of 

a prospective subcontractor or supplier 

offering to furnish labor or material for 

the performance of a construction 

contract for which a payment bond has 

been furnished to the United States 

pursuant to the Miller Act, the 

contractor shall promptly provide a 

copy of such payment bond to the 

requestor. In conjunction with 

performance bonds, payment bonds are 

used in Government construction 

contracts to secure fulfillment of the 

contractor’s obligations under the 

contract and to assure that the 

contractor makes all payments, as 

required by law, to persons furnishing 

labor or material in performance of the 

contract. The FAR clause at 52.228–12, 

which has an effective date of October 

1, 1995, reflects the addition of Section 

806(a)(3) of Pub L. 102–190, as amended 

by Sections 2091 and 8105 of Pub. L. 

103–355, at FAR 12.503(a) and 

12.504(a). When the implementation of 

FAR 28.106–4 occurred, the appropriate 

incorporation of the FAR clause at 

52.228–12, Prospective Subcontractor 

Requests for Bonds, was accomplished, 

but not the incorporation of the 

associated statutory citation in FAR 

12.503 and 12.504. 

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 Pub. L. 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR Part 12 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 2005–27, FAR case 2007– 

022), 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 12 

Government procurement. 

Dated: September 9, 2008. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 12 as set forth 

below: 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

■ 1. The authority citation for 48 CFR 

part 12 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 12.503 by revising 

the section heading and adding 

paragraph (a)(7) to read as follows: 


pwalker on PROD1PC71 with RULES3
54008 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

12.503 Applicability of certain laws to 

Executive agency contracts for the 

acquisition of commercial items. 

(a) * * * 

(7) Section 806(a)(3) of Pub. L. 102– 

190, as amended by Sections 2091 and 

8105 of Pub. L. 103–355, Payment 

Protections for Subcontractors and 

Suppliers (see 28.106–6). 

* * * * * 

■ 3. Amend section 12.504 by adding 

paragraph (a)(13) to read as follows: 

12.504 Applicability of certain laws to 

subcontracts for the acquisition of 

commercial items. 

(a) * * * 

(13) Section 806(a)(3) of Pub. L. 102– 

190, as amended by Sections 2091 and 

8105 of Pub. L. 103–355, Payment 

Protections for Subcontractors and 

Suppliers (see 28.106–6). 

* * * * * 

[FR Doc. E8–21381 Filed 9–16–08; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 13 

[FAC 2005–27; FAR Case 2008–002; Item 

VIII; Docket 2008–0001; Sequence 11] 

RIN 9000–AL02 

Federal Acquisition Regulation; FAR 

Case 2008–002, Extension of Authority 

for Use of Simplified Acquisition 

Procedures for Certain Commercial 

Items 

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 implement Section 

822 of the National Defense 

Authorization Act for Fiscal Year 2008 

(Pub. L. 110–181). 

DATES: Effective Date: September 17, 

2008. 

FOR FURTHER INFORMATION CONTACT Mr. 

Michael Jackson, Procurement Analyst, 

at (202) 208–4949 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAC 2005–27, FAR case 

2008–002. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends the FAR to 

implement Section 822 of the National 

Defense Authorization Act for Fiscal 

Year 2008 (Pub. L. 110–181). Section 

822 amends Section 4202(e) of the 

Clinger-Cohen Act of 1996 (division D 

of Pub. L. 104–106; 110 Stat. 652; 10 

U.S.C. 2304 note) by extending until 

January 1, 2010, the timeframe in which 

an agency may use simplified 

procedures to purchase commercial 

items in amounts greater than the 

simplified acquisition threshold, but not 

exceeding $5,500,000 ($11 million for 

acquisitions as described in 13.500(e)). 

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 Pub. L. 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR Part 13 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 2005–27, FAR case 2008– 

002), in all 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 13 

Government procurement. 

Dated: September 9, 2008. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR part 13 as set forth 

below: 

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES 

■ 1. The authority citation for 48 CFR 

part 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). 

13.500 [Amended] 

■ 2. Amend section 13.500 by removing 

from paragraph (d) ‘‘January 1, 2008’’ 

and adding ‘‘January 1, 2010’’ in its 

place. 

[FR Doc. E8–21380 Filed 9–16–08; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 16 

[FAC 2005–27; FAR Case 2008–006; Item 

IX; Docket 2008–01, Sequence 5] 

RIN 9000–AL05 

Federal Acquisition Regulation; FAR 

Case 2008–006, Enhanced Competition 

for Task and Delivery Order 

Contracts—Section 843 of the Fiscal 

Year 2008 National Defense 

Authorization Act 

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 implement the 

Fiscal Year 2008 National Defense 

Authorization Act, Section 843 

‘‘Enhanced Competition for Task and 

Delivery Order Contracts’’ (FY08 

NDAA). Section 843 of the FY08 NDAA 

stipulates several requirements 

regarding enhancing competition within 

Federal contracting. 

DATES: Effective Date: September 17, 

2008. 

Applicability date: FAR 16.503 and 

16.504, as amended by this rule, are 

applicable to single award task or 

delivery order contracts awarded on or 

after May 27, 2008. FAR 16.505, as 

amended by this rule, is applicable to 

orders awarded on or after May 27, 2008 

on existing contracts as well as new 

contracts. 

Comment Date: Interested parties 

should submit written comments to the 

FAR Secretariat on or before November 

17, 2008 to be considered in the 

formulation of a final rule. 


pwalker on PROD1PC71 with RULES3