Skip to Content

Rule

Federal Acquisition Regulation; Technical Amendments

Document Details

Information about this document as published in the Federal Register.

Published Document

This document has been published in the Federal Register. Use the PDF linked in the document sidebar for the official electronic format.

Start Preamble

AGENCIES:

Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).

ACTION:

Final rule.

SUMMARY:

This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes.

DATES:

Effective Date: August 11, 2009.

Start Further Info

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 schedules. Please cite FAC 2005-35, Technical Amendments.

End Further Info End Preamble Start Supplemental Information

SUPPLEMENTARY INFORMATION:

This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes.

Start List of Subjects

List of Subjects in 48 CFR Parts 32 and 52

End List of Subjects Start Signature

Dated: August 4, 2009.

Al Matera,

Director, Office of Acquisition Policy.

End Signature Start Amendment Part

Therefore, DoD, GSA, and NASA amend

End Amendment Part Start Amendment Part

1. The authority citation for

End Amendment Part Start Authority

Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).

End Authority Start Part

PART 32—CONTRACT FINANCING

[Amended]
End Part Start Amendment Part

2. Amend section 32.503-9 in paragraph (a)(7) by removing paragraph “(a)(4”) and adding paragraph “(a)(5”) in its place.

End Amendment Part Start Part

PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES

[Amended]
End Part Start Amendment Part

3. Amend section 52.213-4 by revising the date of the clause; and removing from paragraph (a)(2)(vi) “(Mar 2009”) and adding August 11, 2009 in its place.

End Amendment Part Start Amendment Part

4. Amend section 52.244-6 by—

End Amendment Part Start Amendment Part

a. Revising the date of the clause; and

End Amendment Part Start Amendment Part

b. Revising paragraphs (c)(1)(i), (c)(1)(ii), (c)(1)(iii), (c)(1)(vii), and (c)(1)(ix) to read as follows:52.244-6 Subcontracts for Commercial Items.

End Amendment Part
* * * * *

SUBCONTRACTS FOR COMMERCIAL ITEMS (August 11, 2009)

* * * * *

(c)(1) * * *

(i) 52.203-13, Contractor Code of Business Ethics and Conduct (Dec 2008) (Pub. L. 110-252, Title VI, Chapter 1 (41 U.S.C. 251 note)), if the subcontract exceeds $5,000,000 and has a performance period of more than 120 days. In altering this clause to identify the appropriate parties, all disclosures of violation of the civil False Claims Act or of Federal criminal law shall be directed to the agency Office of the Inspector General, with a copy to the Contracting Officer.

(ii) 52.203-15, Whistleblower Protections Under the American Recovery and Reinvestment Act of 2009 (Section 1553 of Pub. L. 111-5), if the subcontract is funded under the Recovery Act.(iii) 52.219-8, Utilization of Small Business Concerns (May 2004) (15 U.S.C. 637(d)(2) and (3)), if the subcontract offers further subcontracting opportunities. If the subcontract (except subcontracts to small business concerns) exceeds $550,000 ($1,000,000 for construction of any public facility), the subcontractor must include 52.219-8 in lower tier subcontracts that offer subcontracting opportunities.

* * * * *

(vii) 52.222-39, Notification of Employee Rights Concerning Payment of Union Dues or Fees (Dec 2004) (E.O. 13201), if flow down is required in accordance with paragraph (g) of FAR clause 52.222-39).

* * * * *

(ix) 52.247-64, Preference for Privately Owned U.S.-Flag Commercial Vessels (Feb 2006) (46 U.S.C. App. 1241 and 10 U.S.C. 2631), if flow down is required in accordance with paragraph (d) of FAR clause 52.247-64.

* * * * *
End Supplemental Information

[FR Doc. E9-19168 Filed 8-10-09; 8:45 am]

BILLING CODE 6820-EP-S