22810 Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 5, 25, and 52 

[FAC 2005–32; Docket 2009–0003; 

Sequence 3] 

Federal Acquisition Regulation; FAC 

2005–32, Technical Amendments 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Technical amendments. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation (FAR), Federal Acquisition 

Circular (FAC) 2005–32, published in 

the Federal Register at 74 FR 14622– 

14652, on March 31, 2009, in order to 

make editorial and correcting changes. 

DATES: Effective Date: May 14, 2009. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, 1800 F Street, 

NW., Room 4041, Washington, DC 

20405, (202) 501–4755, for information 

pertaining to status or publication 

schedule. Please cite FAC 2005–32, 

Technical Amendments. 

SUPPLEMENTARY INFORMATION: This 

document makes amendments to the 

Federal Acquisition Regulation (FAR), 

Federal Acquisition Circular (FAC) 

2005–32, published in the Federal 

Register at 74 FR 14622–14652, on 

March 31, 2009, in order to make 

editorial and correcting changes. 

List of Subjects in 48 CFR Parts 5, 25, 

and 52 

Government procurement. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 5, 25, and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 5, 25, and 52 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 5—PUBLICIZING CONTRACT 

ACTIONS 

5.705 [Amended] 

■ 2. Amend section 5.705 in the table 

that follows paragraph (b) by removing, 

from the second column, the heading 

‘‘Posting Rationale on Special Section of 

Recovery.Gov’’ and adding ‘‘Rationale 

Required’’ in its place; and by removing, 

from the sixth row, second column, the 

colon and adding an em dash in its 

place. 

PART 25—FOREIGN ACQUISITION 

■ 3. Amend section 25.200 by adding 

paragraph (c) to read as follows: 

25.200 Scope of subpart. 

* * * * * 

(c) When using funds appropriated or 

otherwise provided by the American 

Recovery and Reinvestment Act of 2009 

(Pub. L. 111–5) (Recovery Act) for 

construction, see Subpart 25.6. 

* * * * * 

■ 4. Amend section 25.1102 by 

removing from paragraph (c)(3) ‘‘other 

than Mexico’’ and adding ‘‘other than 

Bahrain, Mexico, and Oman’’ in its 

place; and revising paragraphs (e)(2)(i) 

and (e)(2)(ii) to read as follows: 

25.1102 Acquisition of construction. 

* * * * * 

(e) * * * 

(2) * * * 

(i) Basic clause. List all foreign 

construction materials excepted from 

the Buy American Act or section 1605 

of the the Recovery Act, other than 

Recovery Act designated country 

construction material. 

(ii) Alternate I. List in paragraph 

(b)(3) of the clause all foreign 

construction material excepted from the 

Buy American Act or section 1605 of the 

Recovery Act, unless the excepted 

foreign construction material is from a 

Recovery Act designated country other 

than Bahrain, Mexico, or Oman. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.204–11 [Amended] 

■ 5. Amend section 52.204–11 in 

paragraph (a), in the definition ‘‘Total 

Compensation’’ by removing the period 

after the paragraph (6) designation. 

■ 6. Amend section 52.212–5 by— 

■ a. Revising the date of the clause; 

■ b. Revising paragraphs (b)(3), (b)(16), 

and (b)(18); 

■ c. Removing and reserving paragraph 

(e)(1)(iii); and 

■ d. In Alternate II by— 

■ 1. Revising the date of the Alternate; 

■ 2. Redesignating paragraphs 

(e)(1)(ii)(B) through (e)(1)(ii)(M) as 

paragraphs (e)(1)(ii)(C) through 

(e)(1)(ii)(N), respectively; and adding a 

new paragraph (e)(1)(ii)(B); and 

■ 3. Removing from the newly 

designated paragraph (e)(1)(ii)(J) 

‘‘2.222–51’’ and adding ‘‘52.222–51’’ in 

its place. 

■ The revised and added text reads as 

follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

CONTRACT TERMS AND CONDITIONS 

REQUIRED TO IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS—COMMERCIAL 

ITEMS ‘‘(MAY 2009)’’ 

* * * * * 

(b) * * * 

(3) 52.203–15, Whistleblower Protections 

under the American Recovery and 

Reinvestment Act of 2009 (MAR 2009) 

(Section 1553 of Pub. L. 111–5). (Applies to 

contracts funded by the American Recovery 

and Reinvestment Act of 2009.) 

* * * * * 

ll(16) 52.219–26, Small Disadvantaged 

Business Participation Program—Incentive 

Subcontracting (OCT 2000) (Pub. L. 103–355, 

section 7102, and 10 U.S.C. 2323). 

* * * * * 

ll(18) 52.219–28, Post Award Small 

Business Program Rerepresentation (APR 

2009) (15 U.S.C. 632(a)(2)). 

* * * * * 

Alternate II ‘‘(MAY 2009)’’. * * * 

* * * * * 

(e)(1) * * * 

(ii) * * * 

(B) 52.203–15, Whistleblower Protections 

Under the American Recovery and 

Reinvestment Act of 2009 (MAR 2009) 

(Section 1553 of Pub. L. 111–5). 

* * * * * 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005–32, Technical Amendments, 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 2005–32, Technical 

Amendments is effective May 14, 2009. 


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Federal Register / Vol. 74, No. 92 / Thursday, May 14, 2009 / Rules and Regulations 22811 

Dated: May 5, 2009. 

Amy G. Williams, 

Acting Deputy Director, Defense Procurement 

and Acquisition Policy (Defense Acquisition 

Regulations System). 

Dated: May 6, 2009. 

Rodney P. Lantier, 

Acting Senior Procurement Executive & 

Acting Deputy Chief Acquisition Officer, 

Office of the Chief Acquisition Officer, U.S. 

General Services Administration. 

Dated: May 4, 2009. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. E9–11039 Filed 5–13–09; 8:45 am] 

BILLING CODE 6820–EP–S 


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