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mstockstill on DSKH9S0YB1PROD with RULES3

Federal Register / Vol. 75, No. 238 / Monday, December 13, 20

10 / Rules and Regulations

77739

2010)’’ in its place; revising the date of Alternate II; and removing from Alternate II, paragraph (e)(1)(ii)(C) ‘‘(MAY 2004)’’ and adding ‘‘(DEC 2010)’’

in its place. The revised text reads as follows:

52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items.

*****

Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (DEC 2010)

***** Alternate II (DEC 2010). * * *

*****

  • 6. Amend section 52.213–4 by

revising the date of the clause, and paragraph (a)(2)(vii) to read as follows:

52.213–4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Items).

*****

Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (DEC 2010)

  • (a)

    * * *

    • (2)

      * * *

(vii) 52.244–6, Subcontracts for Commercial Items (DEC 2010).

*****

  • 7. Amend section 52.219–8 by—

  • a. Revising the date of the clause; and

  • b. In paragraph (c), in the definition

‘‘Small disadvantaged business concern’’, by redesignating paragraphs (1) through (4) as paragraphs (1)(i) through (iv), respectively, and revising the newly redesignated paragraph (1)(iv); and adding paragraph (2).

The revised and added text reads as follows:

52.219–8 Utilization of Small Business Concerns.

***** Utilization of Small Business Concerns

(DEC 2010) **

*

(c) * * *

**

*

*

*

*

*

Small disadvantaged business concern ***

  • (1)

    (i) * * *

    • (iv)

      It is identified, on the date of its

representation, as a certified small disadvantaged business in the CCR Dynamic Small Business Search database maintained by the Small Business Administration, or

(2) It represents in writing that it qualifies as a small disadvantaged business (SDB) for any Federal subcontracting program, and believes in good faith that it is owned and controlled by one or more socially and economically disadvantaged individuals and

meets the SDB eligibility criteria of 13 CFR 124.1002.

**

*

  • *

    *

  • 8. Amend section 52.219–25 by

revising the date of the clause; revising the second sentence of paragraph (a); redesignating paragraph (b) as paragraph (c); and adding a new paragraph (b) to read as follows:

52.219–25 Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting.

*****

Small Disadvantaged Business Participation Program—Disadvantaged Status and Reporting (DEC 2010)

(a) * * * The Contractor shall obtain representations of small disadvantaged status from joint venture partners, teaming arrangement members, and subcontractors (see exception in paragraph (b) of this section) through use of a provision substantially the same as paragraph (b)(1)(i) of the provision at FAR 52.219–22, Small Disadvantaged Business Status. * * *

(b) For subcontractors that are not certified as a small disadvantaged business by the Small Business Administration, the Contractor shall accept the subcontractor’s written self-representation as a small disadvantaged business, unless the Contractor has reason to question the self- representation.

* * * * *

  • 9. Amend section 52.244–6 by

revising the date of the clause; and removing from paragraph (c)(1)(iii) ‘‘(MAY 2004)’’ and adding ‘‘(DEC 2010)’’ in its place.

The revised text reads as follows:

52.244–6 Subcontracts for Commercial Items.

*****

Subcontracts for Commercial Items (DEC 2010)

**

*

  • *

    *

[FR Doc. 2010–30563 Filed 12–10–10; 8:45 am] BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 9 and 52

[FAC 2005–47; FAR Case 2009–036; Item V; Docket 2010–0109, Sequence 1]

RIN 9000–AL75

Federal Acquisition Regulation; Uniform Suspension and Debarment Requirement

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

ACTION: Interim rule with request for comments.

SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement section 815 of the National Defense Authorization Act for Fiscal Year 2010. Section 815 extends the flowdown of the restriction on subcontracting to lower tier subcontractors that have been suspended or debarred, with some exceptions for contracts for the acquisition of commercial items and commercially available off-the-shelf items.

DATES: Effective Date: December 13, 2010.

Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before February 11, 2011 to be considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005–47, FAR Case 2009–036, by any of the following methods:

  • Regulations.gov: http://

www.regulations.gov. Submit comments via the Federal eRulemaking portal by inputting ‘‘FAR Case 2009–036’’ under the heading ‘‘Enter Keyword or ID’’ and selecting ‘‘Search’’. Select the link ‘‘Submit a Comment’’ that corresponds with ‘‘FAR Case 2009–036’’. Follow the instructions provided at the ‘‘Submit a Comment’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2009–036’’ on your attached document.

  • Mail: General Services

Administration, Regulatory Secretariat (MVCB), ATTN: Hada Flowers, 1275 First Street, NE., Washington, DC 20417.

VerDate Mar<15>2010

16:09 Dec 10, 2010

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