FAR Councils Issue FAC 2005-24

The Civilian Agency Acquisition and Defense Acquisition Regulations Councils have published Federal Acquisition Circular 2005-24. The Circular contains one interim and five final rules amending the Federal Acquisition Regulation. In order of appearance, the rules address: Item I, Contractor Personnel in a Designated Operational Area or Supporting a Diplomatic or Consular Mission (FAR Case 2005-011); Item II, Numbered Notes for Synopses (FAR Case 2006-016); Item III, Trade Agreements --New Thresholds (FAR Case 2007-016, Interim); Item IV, New Designated Countries --Dominican Republic, Bulgaria, and Romania (FAR Case 2006-028); Item V, FAR Part 30 --CAS Administration (FAR Case 2005-027); and Item VI, Common Security Configurations (FAR Case 2007-004). See the various rules for effective dates and comment period. A complete list of all FAR sections impacted by this FAC appears in the table below. For the text of FAC 2005-24, see ¶70,002.97.

A FAC 2005-24 final rule (FAR Case 2005-011) amends the FAR to address issues involving contractor personnel who are not authorized to accompany the Armed Forces but provide support to the mission of the United States in a designated operational area or support a diplomatic or consular mission outside the U.S. The rule clarifies that contractor personnel are only authorized to use deadly force in self-defense or in the performance of security functions, when use of such force reasonably appears necessary to execute their security mission. The purpose and effect of the rule is to relieve the perceived burden on contractors operating without consistent guidance or a standardized clause in a contingency operation or otherwise risky environment. Accordingly, the rule adds a new FAR Subpart 25.3, consisting of FAR 25.301-1 through FAR 25.301-4, and a new contract clause at FAR 52.225-19. The rule makes corresponding changes to the definitions at FAR 2.101, and the provisions at FAR 7.104, FAR 7.105, FAR 12.301, FAR 25.000, and FAR 25.002. The rule goes into effect March 31, 2008.

A final rule (FAR Case 2007-004) amends the FAR to require agencies to include common security configurations in new information technology acquisitions, as appropriate. Common security configurations provide a baseline of security, reduce risk from security threats and vulnerabilities, and save time and resources. This allows agencies to improve system performance, decrease operating costs, and ensure public confidence in the confidentiality, integrity, and availability of government information. This final rule, which amends FAR 39.101, requires contracting officers to consult with the requiring official to ensure the proper standards are incorporated in their requirements. The effective date for this rule is March 31, 2008.

The final rule associated with FAR Case 2006-016 amends the FAR to update and clarify policy for synopses of proposed contract actions and to delete all references to Numbered Notes in the FAR and the Federal Business Opportunities (FedBizOpps) electronic publication. The prescriptions for Numbered Notes were deleted from the FAR in a former FAR case and transitioned from the Commerce Business Daily to FedBizOpps actions (see FAC 97-26). This transition resulted in other synopses-related changes that were not captured in the associated FAR language revision. Additionally, the transition to the electronic FedBizOpps publication for solicitation and other announcements rendered these Notes obsolete or outdated. Therefore, the rule amends the following provisions: FAR 5.203, FAR 5.205, FAR 5.207, FAR 6.302-1, FAR 10.002, FAR 12.603, and FAR 25.408. This final rule (see ¶70,006.206 for proposed rule) carries a March 31, 2008, effective date.

A final rule (FAR Case 2005-027) amending the FAR implements revisions to the regulations related to the administration of the Cost Accounting Standards. Among the changes, the final rule streamlines the process for submitting, negotiating, and resolving cost impacts resulting from a change in cost accounting practice or noncompliance with stated practices. Accordingly, the rule amends FAR 30.001, FAR 30.601, FAR 30.602, FAR 30.604, FAR 30.605, and the contract clause at FAR 52.230-6. For the text of the proposed rule, see ¶70,006.199. The final rule goes into effect March 31, 2008.

An interim rule (FAR Case 2007-016), effective February 28, 2008, amends the FAR to implement the increased thresholds for the World Trade Organization Government Procurement Agreement and Free Trade Agreements. Trade agreement thresholds are increased every two years according to a predetermined formula set forth in the agreements. The changes made to the FAR result from new thresholds published by the United States Trade Representative in the Federal Register (72 FR 71166 and 72 FR 73904). A table showing the new dollar thresholds appears at revised FAR 25.402. The other provisions affected by the rule are: FAR 22.1503, FAR 25.202, FAR 25.1101, and FAR 25.1102, and the contract clauses at FAR 52.212-5, FAR 52.213-4, and FAR 52.222-19. Comments on this interim rule are due by April 28, 2008.

The FAR Case 2006-028 rule finalizes without change an interim rule issued with Federal Acquisition Circular 2005-19. The interim rule amended the Federal Acquisition Regulation to implement the Dominican Republic-Central America-United States Free Trade Agreement with respect to the Dominican Republic. This trade agreement waives the applicability of the Buy American Act for some foreign supplies and construction materials from the Dominican Republic and specifies procurement procedures designed to ensure fairness in the acquisition of supplies and services. Accordingly, the interim rule added the Dominican Republic to the definition of "Free Trade Agreement country" and deleted the Dominican Republic from the definition of "Caribbean Basin country" because, in accordance with Section 201(a)(3) of PL 109-53, when the CAFTA-DR agreement enters into force with respect to a country, that country is no longer designated as a beneficiary country for purposes of the Caribbean Basin Economic Recovery Act. The Dominican Republic has the same thresholds as the other CAFTA-DR countries. The rule also added Bulgaria and Romania to the list of World Trade Organization Government Procurement Agreement countries. This final rule impacts the following provisions: FAR 22.1503, FAR 25.003, FAR 25.402, FAR 52.212-3, FAR 52.212-5, FAR 52.222-19, FAR 52.225-3 through FAR 52.225-5, FAR 52.225-11, and FAR 52.225-12. The final rule is effective February 28, 2008.

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