Legal Status
Legal Status
Rule
Federal Acquisition Regulation; Increased Justification and Approval Threshold for DOD, NASA, and Coast Guard
A Rule by the Defense Department, the General Services Administration, and the National Aeronautics and Space Administration on
Document Details
Information about this document as published in the Federal Register.
- Printed version:
- Publication Date:
- 09/30/2005
- Agencies:
- Department of Defense
- General Services Administration
- National Aeronautics and Space Administration
- Document Type:
- Rule
- Document Citation:
- 70 FR 57457
- Page:
- 57457 (1 page)
- CFR:
- 48 CFR 13
- 48 CFR 6
- Agency/Docket Numbers:
- FAC 2005-06
- FAR Case 2004-037
- Item V
- RIN:
- 9000-AK12
- Document Number:
- 05-19472
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Published Document
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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 to convert the interim rule published in the Federal Register at 70 FR 11739, March 9, 2005, to a final rule with minor changes. The rule amended the Federal Acquisition Regulation (FAR) to increase the justification and approval thresholds for DoD, NASA, and the U.S. Coast Guard. The FAR revision implemented Section 815 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 which amended 10 U.S.C. 2304(f)(1)(B) by striking $50,000,000 both places it appears and inserting $75,000,000. In addition, corresponding language in the FAR is also changed to reflect these higher thresholds for DoD, NASA, and the Coast Guard.
DATES:
Effective Date: September 30, 2005.
Start Further InfoFOR FURTHER INFORMATION CONTACT:
The FAR Secretariat at (202) 501-4755 for information pertaining to status or publication schedules. For clarification of content, contact Mr. Michael Jackson, Procurement Analyst, at (202) 208-4949. Please cite FAC 2005-06, FAR case 2004-037.
End Further Info End Preamble Start Supplemental InformationSUPPLEMENTARY INFORMATION:
A. Background
This rule implemented Section 815 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005, Public Law 108-375, which amended 10 U.S.C. 2304(f)(1)(B) by striking $50,000,000 and inserting $75,000,000.
DoD, GSA, and NASA published an interim rule in the Federal Register at 70 FR 11739, March 9, 2005, with a request for comments by May 9, 2005. No comments were received. This final rule converts the interim rule with a minor change, making corresponding changes to FAR 13.501.
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 Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not impose any costs on either small or large businesses.
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.
Start List of SubjectsList of Subjects in 48 CFR Parts 6 and 13
- Government procurement
Dated: September 22, 2005.
Julia B. Wise,
Director, Contract Policy Division.
Interim Rule Adopted as Final with Changes
Start Amendment PartAccordingly, DoD, GSA, and NASA adopt the interim rule amending 48 CFR part 6, which was published in the Federal Register at 70 FR 11739, March 9, 2005, as a final rule with the following changes:
End Amendment Part Start PartPART 13—SIMPLIFIED ACQUISITION PROCEDURES
End Part Start Amendment Part1. The authority citation for 48 CFR part 13 continues to read as follows:
End Amendment Part Start AuthorityAuthority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).
End Authority Start Amendment Part2. Amend section 13.501 by revising the first sentences of paragraphs (a)(2)(iii) and (a)(2)(iv) to read as follows:
End Amendment Part(a) * * *
(2) * * *
(iii) For a proposed contract exceeding $10,000,000 but not exceeding $50,000,000 or, for DoD, NASA, and the Coast Guard, not exceeding $75,000,000, the head of the procuring activity or the official described in 6.304(a)(3) or (a)(4) must approve the justification and approval. * * *
(iv) For a proposed contract exceeding $50,000,000 or, for DoD, NASA, and the Coast Guard, $75,000,000, the official described in 6.304(a)(4) must approve the justification and approval. * * *
[FR Doc. 05-19472 Filed 9-29-05; 8:45 am]
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