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Items of Interest to Procurement Officials

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1. Hot Items of Interest to Procurement Officials

• Federal Acquisition Regulation (Proposed/Final Rules)
• Defense Acquistion Regulations (“DFARS”)
• Financial Assistance Matters
• Legislative Items
• Other Proposed and Final Regulations
• Other News and Items of interest
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Hot Items of Interest to Procurement Officials—PubKLaw®

Federal Acquistion Regulation (“FAR”)

FAR Case 2007-018, Organizational Conflicts of Interest, Advance notice of proposed rulemaking; Reopening of comment period, 73 Fed. Reg. 34686, June 18, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are seeking information that will assist in determining whether the Federal Acquisition Regulation System’s current guidance on organizational conflicts of interest (OCIs) adequately addresses the current needs of the acquisition community or whether providing standard provisions and/or clauses, or a set of such standard provisions and clauses, might be beneficial. The comment period is reopened an additional 30 days to provide additional time for interested parties to review and comment on the Advance notice of proposed rulemaking.
Dates: Comment Date: Interested parties should submit written comments to the FAR Secretariat at the address shown below on or before July 18, 2008 to be considered in the formulation of a proposed rule.

FAR Case 2007-017, Service Contractor Employee Personal Conflicts of Interest, Advance notice of proposed rulemaking; Reopening of comment period, 73 Fed. Reg. 34600, June 17, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are interested in determining if, when, and how service contractor employees’ personal conflicts of interest (PCI) need to be addressed and whether greater disclosure of contractor practices, specific prohibitions, or reliance on specified principles would be most effective and efficient in promoting ethical behavior. The comment period is reopened for an additional 30 days to provide additional time for interested parties to review and comment on the Advance notice of proposed rulemaking.
Dates: Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before July 17, 2008 to be considered in the formulation of any proposed or interim rule.

FAR Case 2007-013, Employment Eligibility Verification, Proposed rule, 73 Fed. Reg. 33374, June 12, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require certain contractors and subcontractors to use the U.S. Citizenship and Immigration Services’ (USCIS) E-Verify system as the means of verifying that certain of their employees are eligible to work in the United States.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before August 11, 2008 to be considered in the formulation of a final rule.

FAC 2005-26, Prohibition on Restricted Business Operations in Sudan and Imports from Burma (Interim), Interim rule, 73 Fed. Reg. 33636, June 12, 2008.
SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-26. 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.

FAR Case 2007-006, Contractor Compliance Program and Integrity Reporting (2nd Proposed Rule), Proposed rule, 73 Fed. Reg. 28407, May 16, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are seeking comments on changes to the proposed rule, FAR Case 2007-006, Contractor Compliance Program and Integrity Reporting, published in the Federal Register at 72 FR 64019, November 14, 2007, for which the initial comment period has closed, that may be included in the final rule. The Councils do not contemplate publishing a final or interim rule until public comments are received and considered on the specific changes discussed further in this document.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before July 15, 2008 to be considered in the formulation of a final rule

Federal Acquisition Circular 2005-25, 73 Fed. Reg. 21772, April 22, 2008.
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) 2005-25. 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.

FAR Case 2005-032, Contractor’s Request for Progress Payments, Proposed rule, 73 Fed. Reg. 19035, April 08, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement recommendations to improve the regulations at FAR 32.001, 32.5, and 52.232-16 related to requests for progress payments and the Standard Form (SF) 1443, Contractor’s Request for Progress Payments form used to request those progress payments.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before June 9, 2008 to be considered in the formulation of a final rule.

FAR Case 2006-022, Contractor Performance Information, Proposed rule, 73 Fed. Reg. 17945, April 02, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the contractor performance information process. The FAR revisions include changes to FAR Parts 2, 9, 13, 17, 36, 42, and 53.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before June 2, 2008 to be considered in the formulation of a final rule.

FAR Case 2007-018; Organizational Conflicts of Interest, Advanced notice of proposed rulemaking, 73 Fed. Reg. 15962, March 26, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are seeking information that will assist in determining whether the Federal Acquisition Regulation System’s current guidance on organizational conflicts of interest (OCIs) adequately addresses the current needs of the acquisition community or whether providing standard provisions and/or clauses, or a set of such standard provisions and clauses, might be beneficial.
Dates: Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before May 27, 2008 to be considered in the formulation of any proposed or interim rule.

FAR Case 2007-017, Service Contractor Employee Personal Conflicts of Interest, Advance notice of proposed rulemaking, 73 Fed. Reg. 15961, March 26, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are interested in determining if, when, and how service contractor employees’ personal conflicts of interest (PCI) need to be addressed and whether greater disclosure of contractor practices, specific prohibitions, or reliance on specified principles would be most effective and efficient in promoting ethical behavior.
Dates: Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before May 27, 2008 to be considered in the formulation of any proposed or interim rule.

FAR Case 2006-034, Socioeconomic Program Parity, Proposed rule, 73 Fed. Reg. 12699, March 10, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to ensure that the FAR reflects the Small Business Administration’s (SBA) interpretation of the Small Business Act and SBA regulations with regard to the relationship among various small business programs.
Dates: Comment date: Interested parties should submit written comments to the Regulatory Secretariat at the address shown below on or before May 9, 2008, to be considered in the formation of the final rule.

Federal Acquisition Circular 2005-24, 72 Fed. Reg. 10942, February 28, 2008.
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) 2005-24. 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.

Far Case 2007-008, Limiting Length of Noncompetitive Contracts in “Unusual and Compelling Urgency” Circumstances, Proposed rule, 73 Fed. Reg. 5784, January 31, 2008.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to limit the length of contracts awarded noncompetitively under unusual and compelling urgency circumstances to the minimum contract period necessary to meet the requirements, and no longer than one year, unless approved by the head of the contracting activity.
DATES: Interested parties should submit comments in writing on or before March 31, 2008 to be considered in the formulation of a final rule.

FAR Case 2006-026, Governmentwide Commercial Purchase Card Restrictions for Treasury Offset Program Debts, Proposed rule, 72 Fed. Reg. 74255, December 31, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to restrict the use of the Governmentwide commercial purchase card as a method of payment for contractors with debts subject to the Treasury Offset Program.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before February 29, 2008 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-23, 72 Fed. Reg. 73214, December 26, 2007.
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) 2005-23. 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.

FAR Case 2006-024, Travel Costs, Proposed rule, 72 Fed. Reg. 72325, December 20, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to change the travel cost principle to ensure a consistent application of the limitation on allowable contractor airfare costs.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before February 19, 2008 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-22, 72 Fed. Reg. 65868, November 23, 2007.
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.
Dates: For effective dates and comment dates, see separate documents, which follow.

FAR Case 2006-021, Post Retirement Benefits (PRB), FAS 106, Proposed rule, 72 Fed. Reg. 64185, November 15, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to permit the contractor to measure accrued PRB costs using either the criteria in Internal Revenue Code (IRC) 419 or the criteria in Financial Accounting Standard (FAS) 106.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before January 14, 2008 to be considered in the formulation of a final rule.

FAR Case 2007-006, Contractor Compliance Program and Integrity Reporting, Proposed rule, 72 Fed. Reg. 64019, November 14, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR), at the request of the Department of Justice (DoJ), in order to require contractors to have a code of ethics and business conduct, establish and maintain specific internal controls to detect and prevent improper conduct in connection with the award or performance of Government contracts or subcontracts, and to notify contracting officers without delay whenever they become aware of violations of Federal criminal law with regard to such contracts or subcontracts.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before January 14, 2008 to be considered in the formulation of a final rule

Federal Acquisition Circular 2005-21, 72 Fed. Reg. 63026, November 07, 2007.
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) 2005-21. 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.

FAR Case 2005-036, Definition of Cost or Pricing Data, Notice of public meeting; extension of comment period, 72 Fed. Reg. 61854, November 01, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are cosponsoring a public meeting to discuss the proposed Federal Acquisition Regulation (FAR) rule 2005-036 on cost or pricing data. The rule would revise the definition of “cost or pricing data”; change the term “information other than cost or pricing data” to “data other than certified cost or pricing data”; add a definition of “certified cost or pricing data” to make the terms and definitions consistent with 10 U.S.C. 2306(a) and 41 U.S.C. 254(b) and more understandable to the general reader; change terminology throughout the FAR; and clarify the need to obtain data other than certified cost or pricing data when there is no other means to determine fair and reasonable pricing during price analysis. The proposed rule was published in the Federal Register at 72 FR 20092 on April 23, 2007. The Councils are now seeking additional views before finalizing the proposed rule. A public meeting will be held on November 15, 2007, from 9:00 a.m. to 1:00 p.m. EST, in the General Services Administration Building Auditorium, 1800 F Street, NW, Washington, DC, 20405. Interested parties may register electronically at: http://www.corpcomm-inc.com/dpap/dars/far_case_2005-036_meeting_registration.php. Attendees are encouraged but not required to register for the public meeting, to ensure adequate room accommodations.
Dates: The comment period has been extended. Interested parties should submit written comments to the FAR Secretariat on or before November 22, 2007, to be considered in the formulation of the final rule.

FAR Case 2005-014, SmartBUY, Proposed rule, 72 Fed. Reg. 61603, October 31, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement the Governmentwide Enterprise Software Licensing Program, also known as SmartBUY. This action is necessary to comply with Office of Management and Budget Memorandum M-04-08, Maximizing Use of SmartBuy and Avoiding Duplication of Agency Activities with the President’s 24 E-Gov Initiatives, dated February 25, 2004. By leveraging the Federal Government Enterprise Software Licensing Program, the Government will achieve the maximum cost savings and favorable terms and conditions for acquiring software and software maintenance. This rule impacts contracting officers and other acquisition officials responsible for reviewing the terms, conditions, and prices for the acquisition of commercial software and software maintenance.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before December 31, 2007 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-20, Federal Funding Accountability and Transparency Act (FFATA) - Reporting Requirement of Subcontractor Award Data, 72 Fed. Reg. 51306, September 06, 2007.

FAR Case 2006-031, Enhanced Access for Small Business, Proposed rule, 72 Fed. Reg. 46950, August 22, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Section 857 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109-364).
Dates: Interested parties should submit written comments to the FAR Secretariat on or before October 22, 2007 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-19, 72 Fed. Reg. 46324, August 17, 2007.
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) 2005-19. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://regulations.gov.
Dates: For effective dates and comment dates, see separate documents, which follow.

Federal Acquisition Circular 2005-18, Small Business Size Rerepresentation, Interim rule, 72 Fed. Reg. 36852, July 05, 2007.
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 Small Business Administration’s (SBA) final rule published on November 15, 2006 (71 FR 66434), entitled “Small Business Size Regulations; Size for Purposes of Government-wide Acquisition Contracts, Multiple Award Schedule Contracts and Other Long- Term Contracts; 8(a) Business Development/Small Disadvantaged Business; Business Status Determinations.” The purpose of the SBA rule is to improve the accuracy of small business size status reporting over the life of certain contracts.
DATES: Effective Date: June 30, 2007. This rule applies to solicitations issued and contracts awarded on or after June 30, 2007. Applicability to contracts awarded prior to June 30, 2007: Contracting officers must modify existing long-term contracts, as defined in the interim rule at FAR 19.301-2(a), awarded to small businesses to include the clause at 52.219-28, Post-Award Small Business Program Rerepresentation. Contracting officers must also modify contracts awarded to small business concerns, other than long-term contracts, to include the clause at 52.219-28, at the time that an option is exercised.
Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before September 4, 2007 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-17, Government Property, Final rule, 72 Fed. Reg. 27364, May 15, 2007.
SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-17. 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.

FAR Case 2005-039, Use of Products Containing Recovered Materials In Service and Construction Contracts, Proposd rule, 72 Fed. Reg. 24554, May 03, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to clarify language within the FAR on the use of products containing recovered materials, pursuant to the Resource Conservation and Recovery Act of 1976, and Executive Order 13101 “Greening the Government Through Waste Prevention, Recycling, and Federal Acquisition.”
DATES: Interested parties should submit written comments to the FAR Secretariat on or before July 2, 2007 to be considered in the formulation of a final rule.

FAR Case 2005-036, Definition of Cost or Pricing Data, Proposed rule, 72 Fed. Reg. 20092, April 23, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the definition of “cost or pricing data”; change the term “information other than cost or pricing data” to “data other than certified cost or pricing data”; add a definition of “certified cost or pricing data” to make the terms and definitions consistent with 10 U.S.C. 2306a and 41 U.S.C. 254b and more understandable to the general reader; change terminology throughout the FAR; and clarify the need to obtain data other than certified cost or pricing data when there is no other means to determine fair and reasonable pricing during price analysis.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before June 22, 2007 to be considered in the formulation of a final rule.

FAR Case 2006-0007, Contractor Code of Ethics and Business Conduct; Reopening of Comment Period, Proposed rule, 72 Fed. Reg. 20092, April 23, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to address Contractor Code of Ethics and Business Conduct and the display of Federal agency Office of the Inspector General (OIG) Fraud Hotline Poster. The comment period is extended an additional 30 days to provide additional time for interested parties to review the proposed FAR changes.
DATES: Interested parties should submit comments in writing on or before May 23, 2007 to be considered in the formulation of a proposed rule.

FAR Case 2006-011, Representations and Certifications - Tax Delinquency, Proposed rule, 72 Fed. Reg. 15093, March 30, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to change the provision regarding certification regarding debarment, suspension, proposed debarment, and other responsibility matters, and to make changes to the language regarding contractor qualifications, to add language regarding nonpayment of taxes. This proposed rule requires offerors to also certify whether or not they have, within a three-year period preceding the offer, been convicted of or had a civil judgment rendered against them for violating any tax law or failing to pay any tax, or been notified of any delinquent taxes for which the liability remains unsatisfied. In addition, the offeror will be required to certify whether or not they have received a notice of a tax lien filed against them for which the liability remains unsatisfied or the lien has not been released.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before May 29, 2007 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-16, 72 Fed. Reg. 13584, March 22, 2007.
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) 2005-16. 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.

FAR Case 2006-029, Federal Funding Accountability and Transparency Act (FFATA)-Reporting Requirement of Subcontractor Award Data, Proposed rule, 72 Fed. Reg.13234, March 21, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require that contractors report specific subcontract awards to a public database. The Federal Funding Accountability and Transparency Act of 2006 (FFATA) (Pub. L. 109-282) requires the existence and operation of a searchable website that provides public access to information about Federal expenditures. The FFATA specifically requires that a pilot program be established to test the collection and accession of subcontract award data. As a result, subcontracts awarded and funded with Federal appropriated funds will be disclosed to the public in a single searchable website.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before May 21, 2007 to be considered in the formulation of a final rule.

FAR Case 2006-013, List of Approved Attorneys, Abstracters, and Title Companies, Proposed rule, 72 Fed. Reg. 12584, March 16, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to update the procedures for the acceptance of a bond with a security interest in real property.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before May 15, 2007 to be considered in the formulation of a final rule.

FAR Case 2006-016, Numbered Notes for Synopses, Proposed rule, 72 Fed. Reg. 10964, March 12, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to update and clarify policy for synopses of proposed contract actions and to delete all references to Numbered Notes.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before May 11, 2007 to be considered in the formulation of a final rule.

FAR Case 2006-07, Contractor Code of Ethics and Business Conduct, Proposed rule, 72 Fed. Reg. 7588, February 16, 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to address Contractor Code of Ethics and Business Conduct and the display of Federal agency Office of the Inspector General (OIG) Fraud Hotline Poster.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before April 17, 2007 to be considered in the formulation of a final rule.

FAR Case 2006-015, Federal Computer Network (FACNET) Architecture, Proposed rule, 72 Fed. Reg. 4675, February 01. 2007.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to delete references to FACNET.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before April 2, 2007 to be considered in the formulation of a final rule

FARCASE 2004-032, Biobased Products Preference Program, Proposed rule, 71 Fed. Reg. 77360, December 26, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 9002 of the Farm Security and Rural Investment Act of 2002 (FSRIA), as amended by Sections 205 and 943 of the Energy Policy Act of 2005. Entitled Federal Procurement of Biobased Products, section 9002 requires that a procurement preference be afforded biobased products within items designated by the Secretary of Agriculture.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before February 26, 2007 to be considered in the formulation of a final rule.
The Councils, in collaboration with OFPP, invite interested parties from both the private and public sector to provide comments on the biobased procurement preference program and the requirement that Federal agencies shall consider maximum practicable use of biobased products when acquiring products and services.

FAR Case 2005-016, Perfomance-based Payments, Proposed rule, 71 Fed. Reg.75186, December 14, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement recommendations to change the regulations related to performance-based payments (PBP).
DATES: Interested parties should submit written comments to the FAR Secretariat on or before February 12, 2007 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-15, 71 Fed. Reg. 6770, November 22, 2006.
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) 2005-14. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.

FAR Case 2006-008, Implementation of Section 104 of the Energy Policy Act of 2005, Proposed rule, 71 Fed. Reg. 70937, December 07, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to address implementation of Section 104 of the Energy Policy Act of 2005.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before February 5, 2007 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-14, 71 Fed. Reg. 6770, November 22, 2006.
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) 2005-14. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.

FAR Case 2005-018, Contract Debts, Proposed rule, 71 Fed. Reg. 62230, October 25, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to revise the policies and procedures for contract debts.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before December 26, 2006 to be considered in the formulation of a final rule.

FAR Case 2006-004, FAR Part 30 - CAS Administration, 71 Fed. Reg. 58338, October 03, 200-6.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement recommendations to revise the regulations related to the administration of the Cost Accounting Standards (CAS).
Dates: Interested parties should submit written comments to the FAR Secretariat on or before December 4, 2006 to be considered in the formulation of a final rule.

FAR Case 2005-027, FAR Part 30-CAS Administration, 71 Fed. Reg. 58336, October 03, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement recommendations to change the regulations related to the administration of the Cost Accounting Standards (CAS).
Dates: Interested parties should submit written comments to the FAR Secretariat on or before December 4, 2006 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-13. 71 Fed. Reg. 37536, September 27, 2006.
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) 2005-13. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.

FAR Case 2005-035, Changes to Lobbying Regulations, Proposed rule, 71 Fed. Reg. 54255, September 14, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to be consistent with the Lobbying Disclosure Act of 1995 and the OMB Interim Final Guidance, and to improve clarity of the regulation through improved use of plain language and compliance with FAR drafting conventions.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before November 13, 2006 to be considered in the formulation of a final rule.

FAR-Contractor use of mandatory sources of supply or services; CFR correction, 71 Fed. Reg. 50862, August 28. 2006.
SUMMARY: CFR Correction In Title 48 of the Code of Federal Regulations, Parts 52 to 99, revised as of October 1, 2005, on pages 32 and 33, section 52.208-9 is corrected to read as follows: 52.208-9 Contractor Use of Mandatory Sources of Supply or Services.

FAR Case 2005-041, Internet Protocol Version 6 (IPv6), Proposed rule, 71 Fed. Reg. 50011, August 24, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require Internet Protocol Version 6 (IPv6) capable products be included in information technology procurements to the maximum extent practicable.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before October 23, 2006 to be considered in the formulation of a final rule.

FAR Case 2005-017, Requirement to Purchase Approved Authentication Products and Services, Proposed rule, 71 Fed. Reg. 49405, August 23, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to address the acquisition of products and services for personal identity verification that comply with requirements in Homeland Security Presidential Directive (HSPD) 12, “Policy for a Common Identification Standard for Federal Employees and Contractors,” and Federal Information Processing Standards Publication (FIPS PUB) 201, “Personal Identity Verification of Federal Employees and Contractors”.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before October 23, 2006 to be considered in the formulation of a final rule

Federal Acquisition Circular 2005-12, Local Community Recovery Act of 2006, Interim rule, 71 Fed. Reg. 44546, August 04, 2006.
SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-12. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://acquisition.gov/far.
DATES: Effective Date: August 4, 2006. Comment Date: Interested parties should submit written comments to the FAR Secretariat on or before October 3, 2006 to be considered in the formulation of a final rule

FAR Case 2006-012, Contract Terms and Conditions Required to Implement Statute or Executive Orders- Commercial Items, Proposed rule, 71 Fed. Reg. 42344, JUly 26, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to update the required contract clauses that implement provisions of law or executive orders for acquisitions of commercial items.
Dates: Interested parties should submit written comments to the FAR Secretariat on or before September 25, 2006 to be considered in the formulation of a final rule.

FAR Case 2005-011, Contractor Personnel in a Theater of Operations or at a Diplomatic or Consular Mission, Proposed rule, 71 Fed. Reg. 40681, July 18, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to address the issues of contractor personnel that are providing support to the mission of the United States Government in the theater of operations or at a diplomatic or consular mission outside the United States, but are not covered by the DoD clause for contractor personnel authorized to accompany the U.S. Armed Forces.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before September 18, 2006 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2005-11, 72 Fed. Reg. 38238, July 5, 2006.
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) 2005-11. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

Federal Acquisition Circular 2005-09, 72 Fed. Reg. 20294, April 19, 2006.
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) 2005-09. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

FAR Case 2005-029, Termination or Cancellation of Purchase Orders, Proposed rule, 71 Fed Reg. 14445, March 22, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to correct the inadvertent omission of appropriate references in the FAR pertaining to termination for cause of those purchase orders that have been accepted in writing. The Government is soliciting comments from interested parties to ensure the language in this proposed rule is clear in stating the appropriate termination coverage for commercial purchase orders that have been accepted in writing by the contractor.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before May 22, 2006 to be considered in the formulation of a final rule.

FAR CASE 2003-008, Share-In-Savings Contracting, Proposed rule withdrawal, 71 FED. REG. 4854, January 30, 2006.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to withdraw the proposed rule, FAR case 2003-008, Share-in-Savings Contracting, which was published in the Federal Register on July 2, 2004. The rule proposed amending the Federal Acquisition Regulation (FAR) as it pertains to types of contracts and acquisition of information technology to address the inclusion of Share-in-Savings (SIS) contracting. However, the SIS concept was not reauthorized by Congress.

Federal Acquisition Circular 2005-08, 71 FR 864, January 04, 2006.
SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2005-08. 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.acqnet.gov/far.
DATES: For effective date and comment date, see separate document which follows.

Federal Acquisition Circular 2005-07, 71 FR 198, January 03, 2006.
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) 2005-07. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

FAR Case 2004-033, Inflation Adjustment of Acquisition- Related Thresholds, Proposed rule, 70 FR 73415, December 12, 2005.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to adjust acquisition-related thresholds for inflation. Section 807 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 108-375) requires that the FAR Council periodically adjust all statutory acquisition-related dollar thresholds in the FAR for inflation, except the statute does not permit escalation of acquisition-related dollar thresholds established by the Davis-Bacon Act, the Service Contract Act, or trade agreements. This rule also proposes to amend other acquisition-related thresholds that are based on policy rather than statute. Inflation adjustment of Cost Accounting Standards (CAS) thresholds in the CAS regulations is simultaneously addressed in a separate case.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before February 10, 2006 to be considered in the formulation of a final rule.

FAR Case 2004-15, Payments Under Time-and-Materials and Labor-Hour Contracts, Proposed rule; reopening of comment period, 70 FR 71448, November 29, 2003.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are extending the date for weeks for the proposed rule regarding payments under Time-and-Materials (T&M) and Labor-Hour (LH) Contracts. The proposed rule was published in the Federal Register at 70 FR 56314, September 26, 2005.
DATES: Interested parties should submit written comments on the proposed rule to the FAR Secretariat at the address shown in the proposed rule on or before December 9, 2005 to be considered in the formulation of a final rule.

FAR Case 2003-027, Additional Contract Types, Proposed rule; reopening of comment period, 70 FR 71448, November 29, 2003.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have extended the due date by two weeks for public comments on their proposed rule that would amend the Federal Acquisition Regulation (FAR) to implement section 1432 of the National Defense Authorization Act for Fiscal Year 2004. Title XIV of the Act, referred to as the Services Acquisition Reform Act of 2003 (SARA), amended section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (FASA) to expressly authorize the use of time-and-materials (T&M) and laborhour (LH) contracts for certain categories of commercial services under specified conditions. The proposed rule was published in the Federal Register at 70 FR 56318, September 26, 2005.
DATES: Interested parties should submit written comments on the proposed rule to the FAR Secretariat at the address shown in the proposed rule on or before December 9, 2005 to be considered in the formulation of a final rule.

FAC 2005-06; FAR Cases 2004-018 and 2004-006; Correction, 70 FR 69100, November 14, 2005.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are issuing amendments to the Federal Acquisition Regulation (FAR) to correct references included in FAC 2005-06, FAR cases 2004-018, Information Technology Security (Item I), and 2004-006, Accounting for Unallowable Costs (Item IX), which were published in the Federal Register at 70 FR 57449 and 57463, September 30, 2005.
DATES: Effective Date: November 14, 2005.

FAR Case 2005-007, Central Contractor Registration - Taxpayer Identification Number (TIN) Validation, Proposed rule, 70 FR 60782, October 19, 2005.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to include the process of validating a Central Contractor Registration (CCR) registrant’s taxpayer identification number (TIN) with the Internal Revenue Service (IRS) to improve data accuracy in the Federal procurement system. Additionally, the proposed amendment removes outdated language requiring modifications of contracts prior to December 31, 2003, regarding CCR.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before December 19, 2005 to be considered in the formulation of a final rule.

FAC 2005-06, 70 FR 57448, September 30, 2005.
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) 2005-06. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

FAR Case 2004-015, Payments Under Time-and-Materials and Labor-Hour Contracts, Proposed rule, 70 FR 56314, September 26, 2005.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the FAR regarding payments under Time and- Materials (T&M) and Labor-Hour (LH) Contracts.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before November 25, 2005, to be considered in the formulation of a final rule.

FAR Case 2003-027, Additional Contract Types, Proposed rule, 70 FR 56318, September 26, 2005.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 1432 of the National Defense Authorization Act for Fiscal Year 2004. Title XIV of the Act, referred to as the Services Acquisition Reform Act of 2003 (SARA), amended section 8002(d) of the Federal Acquisition Streamlining Act of 1994 (FASA) to expressly authorize the use of time-andmaterials (T&M) and labor-hour (LH) contracts for certain categories of commercial services under specified conditions.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before November 25, 2005, to be considered in the formulation of a final rule.
Public Meeting: A public meeting will be held on Tuesday, October 18, 2005, from 9 a.m. to 4 p.m. Eastern Time, in the GS Building Auditorium, 1800 F Street NW, Washington, DC 20405, to facilitate an open dialogue between the Government and parties interested in the implementation of section 8002(d). Because they are so closely related, the public meeting will also cover proposed rule, FAR case 2004-015, Payment Under Time-and-Materials and Labor- Hour Contracts. FAR case 2004-015 is published as the next item following this publication. Interested parties are encouraged to attend and engage in discussions regarding these proposed rules.
To facilitate discussions at the public meeting, interested parties are encouraged to provide written comments on issues they would like addressed at the public meeting no later than Tuesday, October 11, 2005. Interested parties may register and submit their input electronically at http://www.acq.osd.mil/dpap/dars/ index.htm. Attendees are encouraged, but not required, to register for the public meeting, to ensure adequate accommodations.
Directions to the meeting can be found at the Web site. Participants are encouraged to check with the Web site prior to the public meeting to ensure the location has not been changed as a result of a large number of registrants. The public meeting is physically accessible to people with disabilities. Requests for sign language interpretation or other auxiliary aids should be directed to Mr. Jeremy Olson at 202-501-3221 at least 5 days prior to the meeting.

FAR Case 2004-025, Government Property, Proposed rule, 70 FR 54878, September 19, 2005.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to simplify procedures, clarify language, and eliminate obsolete requirements related to the management and disposition of Government property in the possession of contractors. Various FAR parts are amended to implement a policy that fosters efficiency, flexibility, innovation, and creativity, while continuing to protect the Government’s interest in the public’s property. The proposed rule specifically impacts contracting officers, property administrators, and contractors responsible for the management of Government property.
DATES: Interested parties should submit written comments to the FAR Secretariat on or before November 18, 2005 to be considered in the formulation of a final rule.

FAC 2005-05, 70 FR 4576, July 28, 2005.
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) 2005-05. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

FAR Case 2004-021, OMB Circular A-76, Proposed rule, 70 FR 43107, July 26, 2005.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to provide language that is consistent with OMB Circular A-76 (Revised), Performance of Commercial Activities, dated May 29, 2003.
DATES: Interested parties should submit comments in writing on or before September 26, 2005 to be considered in the formulation of a final rule.

FAR Case 2004-031, Fast Payment Procedures, Proposed rule, 70 FR 40279, July 13, 2005.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by revising fast payment procedures. The proposed revision permits, but does not require, fast payment when invoices and/or outer shipping containers are not marked “Fast Pay” provided the contract includes the “Fast Payment Procedure” clause. As highlighted in the proposed clause, if the clause is in the contract, the invoices will no longer be rejected, as is the current practice. Instead, they will be paid using either fast payment or normal payment procedures. In addition, the proposed revision deletes the requirement for marking invoices “No Receiving Report Prepared.”
DATES: Interested parties should submit comments in writing on or before September 12, 2005, to be considered in the formulation of a final rule.

FAR Case 2004-012, Past Performance Evaluation of Orders, Proposed rule, 70 FR 35601, June 21, 2005.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to require past performance evaluation of certain orders, and to ensure that subcontracting management is addressed during evaluation of a contractor’s past performance.
DATES: Interested parties should submit comments in writing on or before August 22, 2005 to be considered in the formulation of a final rule.

FAC 2005-04, 70 FR 33653, June 08, 2005.
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) 2005-04. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

FAR Case 2004-17, Small Business Credit for Alaskan Native Corporations and Indian Tribes, Proposed rule, 70 For 32553, June 03, 2005.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement section 702 of Public Law 107-117, as amended by section 3003 of Public Law 107-206 (43 U.S.C. 1626). The law permits subcontracts awarded to certain Alaskan Native Corporations (ANCs) to be counted towards a contractor’s goals for subcontracting with small business (SB) and small disadvantaged business (SDB) concerns. The law also permits Indian tribes to be counted towards a contractor’s goal for subcontracting with SB.
DATES: Interested parties should submit comments in writing on or before August 2, 2005 to be considered in the formulation of a final rule.

FAR Case 2004-023, Application of the Brooks Act to Mapping Services; Analysis of Comments, 70 FR 20329, April 19, 2005.
Summary: The Defense Acquisition Regulations Council and the Civilian Agency Acquisition Council (the Councils) have reviewed the public comments received in response to the request for comments on the application of the Brooks Architect-Engineers Act to mapping services. The Councils have determined that no change to the FAR is necessary. In the interest of transparency, this notice sets forth the rationale supporting this determination.

FAC 2005-03, 70 FR 18953, April 11, 2005.
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) 2005-03. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective dates and comment dates, see separate documents which follow.

FAR Case 2004-019, Earned Value Management System (EVMS), Proposed rule, 70 FR 17945, April 08,2005.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement earned value management system (EVMS) policy. FAR coverage is essential to help standardize the use of EVMS across the Government. The proposed rule specifically impacts contracting officers, program managers, and contractors with earned value management systems.
DATES: Interested parties should submit comments in writing on or before June 7, 2005 to be considered in the formulation of a final rule.

FAC 2005-02, 70 FR 14949, March 23, 2005.
Summary: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council in this Federal Acquisition Circular (FAC) 2005-02. 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.acqnet.gov/far.
DATES: For effective date, see separate document which follows.

Federal Acquisition Regulation; 2005 FAR Reissue Posted to FAR Website for Download and Use, 70 FR 11946, March 10, 2005.
Summary: This notice advises users that the 2005 Federal Acquisition Regulation (FAR) Reissue will be available for downloading and use on March 18, 2005, at http://www.acqnet.gov/far. Periodically, the FAR is reissued because of administrative necessity, i.e., headers and change bars are removed. A FAR reissue does not revise the FAR language; however, the flow of the context changes. Therefore, users are required to refer to this latest version (current through FAC 2001-27). The FAR is available in HTML and PDF formats. Users intending to print the FAR can refer to the downloadable, print-only version in PDF.
DATES: The FAR Reissue will be available on the website, http:// www.acqnet.gov/far, on March 18, 2005

FAC 2005-01, 70 FR 11735, March 09, 2005.
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) 2005-01. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

FAC 2001-27, Free Trade Agreements-Australia and Morocco, 69 FR 77869, December 28, 2004.
SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rule agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 2001-27. 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.acqnet.gov/far.

FAC 2001-26, 69 FR 76339, December 20, 2004.
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) 2001-26. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

Item   Subject                                      FAR case             Analyst  
I...Electronic Representations and Certifications  2002-024             Zaffos.       
II. Excluded Parties List  System Enhancemen...    2002-023             Goral.  
III Special Emergency Procurement Authority ...... 2003-022             Zaffos.  
IV .Notification of Employee Rights Concerning 
    Payment of Union Dues or Fees (Interim)........2004-010             Goral.  
V . Mentor Protégé Program-
    Delegation of Approval Authority for 
    Mentor Protégé Agreements .......2003-010             Cundiff.  
VI  Applicability of the Cost Principles and 
    Penalties for Unallowable Costs ...............2001-018             Loeb.  
VII  Technical Amendments.  

FAR Case 1998-020, Hazardous Material Safety Data, Notice of Public Meeting, 69 FR 65330, November 10, 2004.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are hosting a public meeting to facilitate an open dialogue between the Government and interested parties on proposed amendments to the Federal Acquisition Regulation regarding hazardous material safety data.
DATES: The meeting will be held on November 23, 2004, from 9 a.m. to 4 p.m., EST. To facilitate discussions at the public meeting, interested parties are encouraged to provide, no later than November 15, 2004, written comments on issues they would like addressed at the public meeting.
ADDRESSES: The meeting will be held at the General Services Administration, 1800 F Street, NW, Washington, DC 20405, Room 5141A. Participants are encouraged to check the Web site prior to the public meeting to ensure the location has not changed as a result of a large number of registrants. Interested parties may register, view the draft final rule, submit electronic comments, and obtain directions at http://www.acq.osd.mil/dpap/dars/coming.htm

FAR Case 2004-007, Federal Technical Data Solutions. Proposed rule, 69 FR 63436, November 1, 2004.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to provide for the access and distribution of solicitation requirements or other documents (e.g., technical specifications, maps, building designs, schedules, etc.), when controls are necessary according to agency procedures, through the Federal Technical Data Solution (FedTedS) website in lieu of the Governmentwide Point of Entry (GPE).
DATES: Interested parties should submit comments in writing on or before January 3, 2005 to be considered in the formulation of a final rule.

FAC 2001-25, 69 FR 59697, October 5, 2005.
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) 2001-25. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

Item                 Subject                     FAR case             Analyst  
I . Elimination of the SF 1417            2002-017             Davis
II  Free Trade Agreements-Chile and  .....2003-016             Davis
    Singapore, and Trade Agreements 
    Thresholds 
III Telecommuting for Federal             2003-035             Zaffos
    Contractors (Interim) 
IV .Section 508 Micropurchase             2004-020             Nelson
    Exemption (Interim)  
V ..Technical Amendments.

FAR Case 2004-006, Accounting for Unallowable Costs, Proposed rule, 69 FR 58014, September 28, 2004.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by revising language regarding accounting for unallowable costs.
DATES: Interested parties should submit comments in writing on or before November 29, 2004 to be considered in the formulation of a final rule.

FAR CASE 2003-027, Additional Commercial Contract Types, Advanced Notice of Proposed Rulemaking, 69 FR 56315, September 20, 2004.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are issuing this advance notice of proposed rulemaking (ANPR) to solicit comments that can be used to assist in the implementation of section 1432 of the National Defense Authorization Act for Fiscal Year 2004 (Public Law 108-136) in the Federal Acquisition Regulation (FAR). Section 1432 amends section 8002(d) of the Federal Acquisition Streamlining Act (FASA) to expressly authorize the use of time-and-materials (T&M) and labor-hour (LH) contracts for the procurement of commercial services. Implementation of section 8002(d) will require certain revisions to the FAR’s current commercial item policies and associated clauses to ensure they effectively address the risks associated with T&M and LH contracting. Current policies were designed only to support purchases through firm-fixed price contracts and fixed-rice contracts with economic price adjustments.
DATES: Comment Date: Interested parties should submit comments in writing on the ANPR to the address below on or before November 19, 2004, to be considered in the formulation of any proposed or interim rule.

FAR Case 2003-015, Applicability of SDB and HUBZone Price Evaluation Factor, Proposed rules, 69 FR 53779, September 2, 2004.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR), at the request of the Small Business Administration, in order to remove some of the exceptions to the applicability of the Small Disadvantaged Business (SDB) and HUBZone price evaluation factor.
DATES: Interested parties should submit comments in sted parties should submit comments in writing on or before November 1, 2004, to be considered in the formulation of a final rule.

Far Case 2003-029, Powers of Attorney for Bid Bonds, Proposed rule, 69 FR 51935, August 23, 2004.
Summary: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to establish that a copy of an original power of attorney, including a photocopy or facsimile copy, when submitted in support of a bid bond, is sufficient evidence of the authority to bind the surety. The authenticity and enforceability of the power of attorney at the time of the bid opening will be treated as a matter of responsibility.
DATES: Interested parties should submit comments in writing on or before October 22, 2004, to be considered in the formulation of a final rule.

FAR Case 2003-018, Performance-Based Service Acquisition, 69 FR 43711, July 21, 2004.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by: changing the terms “performance based contracting (PBC) and performance-based service contracting (PBSC)” to “performance-based acquisition (PBA) or performance-based service acquisition (PBSA)” in areas of the FAR where appropriate; adding applicable PBSA definitions clarifying the order of precedence for requirements; modifying the regulation to broaden the scope of PBA and give agencies more flexibility in applying PBSA methods to contracts and orders of varying complexity and reduce the burden of force-fitting contracts and orders into PBA, when it is not appropriate.
DATES: Interested parties should submit comments in writing on or before September 20, 2004, to be considered in the formulation of a final rule.

FAR Case 2002-016, Government Property Rental and Special Tooling, Proposed rule, 69 FR 42543, July 15, 2004.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by incorporating the Class Deviations regarding use and charges and special tooling, both of which have been applicable to the Department of Defense since 1998. Both deviations are appropriate for application across the Federal Government. The change clarifies the basis for determining the rental charges for the use of Government property and is intended to promote the dual use of such property. It also revises the special tooling clause and addresses the issue of title to special tooling.
DATES: Interested parties should submit comments in writing on or before September 13, 2004 to be considered in the formulation of a final rule.

FAR Case 2003-00-8, Share-In-Savings Contracting, Proposed rule, 69 FR 40513, July 2, 2004.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Section 210 of the EGovernment Act of 2002. Section 210 authorizes Governmentwide use of Share-in-Savings (SIS) contracts for information technology (IT). SIS contracts offer an innovative approach for encouraging industry to share creative technology solutions with the Government. Through a properly structured SIS contract, agencies may lower costs and improve service delivery without large “up front” investments by having the contractor provide the technology investment and allowing the contractor to share with the government in the savings achieved.
DATES: Interested parties should submit comments in writing on or before August 31, 2004 to be considered in the formulation of a final rule.

Federal Acquisition Circular 2001-24, 69 FR 34223, June 18, 2004.
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) 200124. 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.acqnet.gov/far.
DATES: For effective dates and comment dates, see separate documents which follow.

Item      Subject                            FAR case   Analyst  
I ... Incentives for Use of Performance-Based 
      Contracting for Services (Interim)...  2004-004 Wise.  
II .. Definitions Clause ..................  2002-013 Parnell.  
III ..Procurement Lists ...................  2003-013 Nelson.  
IV ...Determining Official for 
      Employment Provision Compliance
      Immigration and Nationality Act (INA)  2004-009 Goral.    
V ... Federal Supply Schedules Services 
      and Blanket Purchase Agreements (BPAs) 1999-603 Nelson.  
VI... Designated Countries-New European 
      Communities Member States . .......... 2004-008 Davis.  
VII . Buy American ActNonavailable Articles  2003-007 Davis.  
VIII .Application of Cost Principles 
      and Procedures and Accounting for
      Unallowble Costs.  ................... 2002-006 Loeb.  
IX..  Gains and Losses, Maintenance and 
      Repair Costs, and Material Costs ..... 2002-008 Loeb.  
X ... Technical Amendments.  

FAR Notice 2004-N2, Supplemental Information to FAR Case 2000-608 for the Certification of the Regulatory Flexibility Act Statement for the New Standard Form 330, Architect-Engineer Qualifications (Consolidated Form), 69 FR 30835, June 1, 2004.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) have agreed on this supplemental information to the final rule, FAR Case 2000-608, New Consolidated Form for Selection of Architect-Engineer Contractors, published in the Federal Register at 68 FR 69227, December 11, 2003. This notice provides additional factual basis that applies only to the Regulatory Flexibility Act statement in the final rule. All other information remains unchanged.
DATES: Effective Date: June 1, 2004.

FAR Case 2004-003, Payment Withholding, Proposed rule, 69 FR 29837, May 25, 2004.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by removing the requirement that a contracting officer withhold 5 percent of the payments due under a time-and materials or labor-hour contract, unless otherwise prescribed in the contract Schedule. The proposed rule would permit, but not require, the contracting officer to withhold payment amounts if the contracting officer determines the withholding to be necessary to protect the Governments interests.
DATES: Interested parties should submit comments in writing on or before July 26, 2004 to be considered in the formulation of a final rule.

FAR Case 2003-021, Nonavailable Articles-Policy, Proposed rule, 69 FR 29631, May 24, 2004.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to clarify the intent of the list of items determined to be nonavailable for purposes of the Buy American Act, and emphasize the need to conduct market research, appropriate to the circumstances, for potential domestic sources.
DATES: Interested parties should submit comments in writing on or before July 23, 2004, to be considered in the formulation of a final rule.

FAR Case 2004-006, Gains and Losses, Proposed rule, 69 FR 29379, May 21, 2004.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) by revising the cost principle regarding gains and losses on disposition or impairment of depreciable property or other capital assets.
DATES: Interested parties should submit comments in writing on or before July 20, 2004, to be considered in the formulation of a final rule.

FAR Notice 2004-N1, List of Nonavailable Articles Under the Buy American Act, 69 FR 28104, May 18, 2004.
SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are seeking information that will assist in identifying domestic capabilities and for evaluating whether some articles on the list of nonavailable articles at FAR part 25 are now mined, produced, or manufactured in the United States in sufficient and reasonably available commercial quantities and of a satisfactory quality.
DATES: Interested parties should submit comments in writing to the FAR Secretariat at the address shown below on or before July 19, 2004.