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Federal Acquisition Circular 2005-52
What's New: 31 May 2011

Summary

FAC 2005-52:

adopts as final, without change, an interim rule to authorize exemption from the Buy American Act for acquisition of information technology that is a commercial item;
adopts as final, with changes, the interim rule which prohibits the award of contracts using appropriated funds to any foreign incorporated entity that is treated as an inverted domestic corporation or to any subsidiary of one;
includes an interim rule to implement Executive Order 13514, Federal Leadership in Environmental, Energy, and Economic Performance, and Executive Order 13423, Strengthening Federal Environmental, Energy, and Transportation Management;
includes amendments to the Federal Acquisition Regulation in order to make editorial changes;
includes a final rule amending the Federal Acquisition Regulation (FAR) procedures for closing out contract files; and
includes a final rule amending the Federal Acquisition Regulation (FAR) to add to the list of contract administration functions, the function to ensure that contractors have implemented the mandatory contractor business ethics program requirements.

Amended Rules

Rule [as amended] Please register free for access to clauses below	Effective Date & Notice Link
The following rule was adopted as final, without change:	31 May 2011
Buy American Exemption for Commercial Information Technology--Construction Material (FAR Case 2009-039)	[see FAC]
Prohibition on Contracting With Inverted Domestic Corporations (FAR Case 2008-009)	31 May 2011
4.1202 Solicitation provision and contract clause.	[see FAC]
9.104-1 General standards.	[see FAC]
9.108-1 Definitions.	[see FAC]
9.108-2 Prohibition.	[see FAC]
9.108-3 Representation by the offeror.	[see FAC]
9.108-4 Waiver.	[see FAC]
9.108-5 Solicitation Provision and Contract Clause.	[see FAC]
52.204-8 Annual Representations and Certifications.	[see FAC]
52.209-2 Prohibition on Contracting with Inverted Domestic Corporations--Representation.	[see FAC]
52.209-10 Prohibition on Contracting With Inverted Domestic Corporations.	[see FAC]
52.212-3 Offeror Representations and Certifications--Commercial Items.	[see FAC]
52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items.	[see FAC]
Sustainable Acquisition (FAR Case 2010-001)	31 May 2011
1.106 OMB approval under the Paperwork Reduction Act.	[see FAC]
2.101 Definitions.	[see FAC]
4.302 Policy.	[see FAC]
4.602 General.	[see FAC]
4.1202 Solicitation provision and contract clause.	[see FAC]
5.207 Preparation and transmittal of synopses.	[see FAC]
7.103 Agency-head responsibilities.	[see FAC]
7.105 Contents of written acquisition plans.	[see FAC]
11.002 Policy.	[see FAC]
11.303 Special requirements for paper.	[see FAC]
12.102 Applicability.	[see FAC]
13.201 General.	[see FAC]
23.000 Scope.	[see FAC]
23.001 Definitions.	[see FAC]
23.002 Policy.	[see FAC]
Subpart 23.1-Sustainable Acquisition Policy	[see FAC]
23.101 Definition.	[see FAC]
23.102 Authorities.	[see FAC]
23.103 Sustainable acquisitions.	[see FAC]
23.104 Exceptions.	[see FAC]
23.105 Exemption authority.	[see FAC]
23.201 Authorities.	[see FAC]
23.202 Policy.	[see FAC]
23.205 Energy-savings performance contracts.	[see FAC]
23.402 Authorities.	[see FAC]
23.403 Policy.	[see FAC]
Subpart 23.7-Contracting for Environmentally Preferable Products and Services	[see FAC]
23.702 Authorities.	[see FAC]
23.704 Electronic products environmental assessment tool.	[see FAC]
23.705 Contract clauses.	[see FAC]
23.706	[see FAC]
23.801 Authorities.	[see FAC]
23.803 Policy.	[see FAC]
Subpart 23.9-Contractor Compliance With Environmental Management Systems	[see FAC]
23.900 Scope.	[see FAC]
23.901 Authority.	[see FAC]
23.902 Policy.	[see FAC]
23.903 Contract clause.	[see FAC]
23.1001 Authorities.	[see FAC]
23.1003 Definitions.	[see FAC]
23.1004 Requirements.	[see FAC]
36.001 Definitions.	[see FAC]
36.104 Policy.	[see FAC]
37.102 Policy.	[see FAC]
39.101 Policy.	[see FAC]
52.204-4 Printed or Copied Double-Sided on Postconsumer Fiber Content Paper.	[see FAC]
52.204-8 Annual Representations and Certifications.	[see FAC]
52.213-4 Terms and Conditions-Simplified Acquisitions (Other Than Commercial Items).	[see FAC]
52.223-5 Pollution Prevention and Right-to-Know Information.	[see FAC]
52.223-10 Waste Reduction Program.	[see FAC]
52.223-13 [Removed and Reserved]	[see FAC]
52.223-14 [Removed and Reserved]	[see FAC]
52.223-16 IEEE 1680 Standard for the Environmental Assessment of Personal Computer Products.	[see FAC]
52.223-19 Compliance with Environmental Management Systems.	[see FAC]
Technical Amendments	31 May 2011
52.212-3 Offeror Representations and Certifications--Commercial Items.	[see FAC]
53.301-1447 Standard Form 1447	[see FAC]
53.301-1449 Standard Form 1449	[see FAC]
53.302-347 Optional Form 347	[see FAC]
Contract Closeout (FAR Case 2008-020)	31 May 2011
4.804-5 Procedures for closing out contract files.	[see FAC]
42.705-1 Contracting officer determination procedure.	[see FAC]
42.705-2 Auditor determination procedure.	[see FAC]
42.708 Quick-closeout procedure.	[see FAC]
52.216-7 Allowable Cost and Payment.	[see FAC]
52.216-8 Fixed Fee.	[see FAC]
52.216-9 Fixed Fee-Construction.	[see FAC]
52.216-10 Incentive Fee.	[see FAC]
Oversight of Contractor Ethics Programs (FAR Case 2010-017)	31 May 2011
42.302 Contract administration functions.	[see FAC]

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