57448 Federal Register / Vol. 70, No. 189 / Friday, September 30, 2005 / Rules and Regulations
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 2005–06; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of interim and final 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) 2005–06. 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.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, at (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact the analyst whose name appears in the table below in relation to each FAR case or subject area. Please cite FAC 2005–06 and specific FAR case number(s). Interested parties may also visit our Web site at http://www.acqnet.gov/far.
| Item | Subject | FAR case | Analyst |
| I ............ | Information Technology Security (Interim) .......................................................................................... | 2004–018 | Davis. |
| II ........... | Improvements in Contracting for Architect-EngineerServices ............................................................ | 2004–001 | Davis. |
| III .......... | Title 40 of United States Code Reference Corrections ...................................................................... | 2005–010 | Zaffos. |
| IV .......... | Implementation of the Anti-Lobbying Statute ...................................................................................... | 1989–093 | Woodson. |
| V ........... | Increased Justification and Approval Threshold for DOD, NASA, and Coast Guard ......................... | 2004–037 | Jackson. |
| VI .......... | Addition of Landscaping and Pest Control Services to the Small Business Competitiveness Dem- | 2004–036 | Marshall. |
| onstration Program. | |||
| VII ......... | Powers of Attorney for Bid Bonds ....................................................................................................... | 2003–029 | Davis. |
| VIII ........ | Expiration of the Price Evaluation Adjustment(Interim) ...................................................................... | 2005–002 | Cundiff. |
| IX .......... | Accounting for Unallowable Costs ...................................................................................................... | 2004–006 | Olson. |
| X ........... | Reimbursement of Relocation Costs on a Lump-Sum Basis ............................................................. | 2003–002 | Olson. |
| XI .......... | Training and Education Cost Principle ................................................................................................ | 2001–021 | Olson. |
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 2005–06 amends the FAR as specified below:
Item I—Information Technology Security (FAR Case 2004–018)
This interim rule amends the FAR to implement the Information Technology (IT) Security provisions of the Federal Information Security Management Act of 2002 (FISMA) (Title III of the E-Government Act of 2002 (E-Gov Act)).
This interim rule focuses on the importance of system and data security by contracting officials and other members of the acquisition team. The intent of adding specific guidance in the FAR is to provide clear, consistent guidance to acquisition officials and program managers; and to encourage and strengthen communication with IT security officials, chief information officers, and other affected parties.
Item II—Improvements in Contracting for Architect-Engineer Services (FAR Case 2004–001)
This final rule implements Section 1427(b) of the Services Acquisition Reform Act of 2003, which prohibits architect-engineering services from being offered under GSA multiple-award schedule contracts or under Governmentwide task and delivery order contracts unless they are awarded using the procedures of the Brooks Architect-Engineer Act and the services are performed under the direct supervision of a professional architect or engineer licensed, registered, or certified in the State, Federal district or outlying area, in which the services are to be performed. This rule is of interest to agencies and contracting officers that use GSA schedules and Governmentwide task and delivery order contracts.
Item III—Title 40 of United States Code Reference Corrections (FAR Case 2005– 010)
This final rule amends the FAR to reflect the most recent codification of Title 40 of the United States Code. No substantive changes are being made to the FAR.
Item IV—Implementation of the Anti-Lobbying Statute (FAR Case 1989–093)
This final rule converts the interim rule published in the Federal Register at 55 FR 3190, January 30, 1990 to a final rule with minor changes amends the FAR to implement section 319 of the Department of the Interior and Related Agencies Appropriations Act, Public Law 101–121, which added a new section 1352 to Title 31 of the United States Code, entitled ‘‘Limitations on the use of funds to influence certain Federal contracting and financial transactions.’’ Section 319 generally prohibits recipients of Federal contracts, grants, and loans from using appropriated funds for lobbying the executive or legislative branches of the Federal Government in connection with a specific contract, grant or loan. It also requires that each person who requests or receives a contract, grant or cooperative agreement in excess of $100,000 or a Federal commitment to insure or guarantee a loan in excess of $150,000 must disclose lobbying with other than appropriated funds. The rule requires contracting officers, in accordance with FAR 3.808, to insert in all solicitations and contracts expected to exceed $100,000 the provision at FAR 52.203–11, ‘‘Certification and Disclosure Regarding Payments to Influence Certain Federal Transaction,’’ and the clause at FAR 52.203–12, ‘‘Limitations on Payments to Influence Certain Federal Transactions.’’
Item V—Increased Justification and Approval Threshold for DOD, NASA, and Coast Guard (FAR Case 2004–037)
This final rule converts the interim rule published in the Federal Register at 70 FR 11739, March 9, 2005, to a final rule with minor changes. The rule