31556 Federal Register / Vol. 74, No. 125 / Wednesday, July 1, 2009 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2009–0001, Sequence 5] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–34; 

Introduction 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of 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) 2005–34. 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 2005–34 and the 

specific FAR case numbers. For 

information pertaining to status or 

publication schedules, contact the FAR 

Secretariat at (202) 501–4755. 

LIST OF RULES IN FAC 2005–34 

Item Subject FAR case Analyst 

I ............ Contractor Performance Information ............................................................................................... 2006-022 Parnell. 

II ........... Prohibition on Contracting with Inverted Domestic Corporations (Interim) ..................................... 2008-009 Murphy. 

III .......... Role of Interagency Committee on Debarment and Suspension .................................................... 2008-028 Loeb. 

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 2005–34 amends the FAR as 

specified below: 

Item I—Contractor Performance 

Information (FAR Case 2006–022) 

This final rule amends the FAR to 

revise the contractor performance 

information process. The FAR revisions 

include changes to FAR Parts 2, 8, 9, 13, 

17, 36, 42, and 53. The purpose of this 

final rule is to ensure that the FAR 

clearly reflects the use of the 

Governmentwide performance 

information repository, Past 

Performance Information Retrieval 

System (PPIRS) at http://www.ppirs.gov; 

requires the evaluation of past 

performance for orders exceeding the 

simplified acquisition threshold placed 

against Federal Supply Schedule 

contracts, or under a task order or 

delivery order against a contract 

awarded by another Federal agency (i.e. 

Governmentwide acquisition contract or 

multi-agency contract); recommends 

past performance information for orders 

under single agency contracts; 

consolidates the collection of past 

performance guidance in Part 42; and, 

clarifies that the Agency shall identify 

those responsible for preparing interim 

and final evaluations. 

Item II—Prohibition on Contracting 

with Inverted Domestic Corporations 

(FAR Case 2008–009) (Interim) 

This interim rule implements Section 

743 of Division D of the Omnibus 

Appropriations Act, 2009 (Public Law 

111–8), which prohibits the award of 

contracts using appropriated funds to 

any foreign incorporated entity that is 

treated as an inverted domestic 

corporation or to any subsidiary of one. 

The interim rule addresses solicitations 

issued after the date of publication 

using funds appropriated in Fiscal Years 

2006, 2007, and 2008, as well. 

Item III—Role of Interagency 

Committee on Debarment and 

Suspension (FAR Case 2008–028) 

This final rule amends Federal 

Acquisition Regulation Subpart 9.4 to 

clarify the role of the Interagency 

Committee on Debarment and 

Suspension when more than one agency 

has an interest in the debarment or 

suspension of a contractor. Among other 

responsibilities, the Interagency 

Committee on Debarment and 

Suspension is authorized to resolve 

issues regarding the agency that will 

have lead responsibility in initiating a 

suspension or debarment proceeding. 

The Committee will also coordinate 

actions among interested agencies with 

respect to such action. This rule 

implements the Duncan Hunter 

National Defense Authorization Act for 

Fiscal Year 2009, Section 873(a)(1) and 

(2). 

Dated: June 25, 2009. 

Al Matera, 

Director, Office of Acquisition Policy. 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005-34 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 2005-34 is effective July 1, 2009 

except for Item III, which is effective 

July 31, 2009. 

Dated: June 20, 2009. 

Shay D. Assad, 

Director of Defense Procurement and 

Acquisition Policy. 

Dated: June 23, 2009. 

Rodney P. Lantier, 

Acting Senior Procurement Executive, Office 

of the Chief Acquisition Officer, U.S. General 

Services Administration. 

Dated: June 24, 2009. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. E9–15437 Filed 6–30–09; 8:45 am] 

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