Federal Acquisition Regulation; Technical Amendments, 43590-43591 [2014-17501]

Download as PDF 43590 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. emcdonald on DSK67QTVN1PROD with RULES2 IV. Regulatory Flexibility Act DoD, GSA, and NASA have prepared a Final Regulatory Flexibility Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows: This action implements sections 827(g) and 828(d) of the National Defense Authorization Act for FY 2013. The objective of this rule is to address the allowability of legal costs incurred by a contractor in connection with a proceeding commenced by an employee submitting a complaint under 10 U.S.C. 2409 or 41 U.S.C. 4712. The statutory authority is 10 U.S.C. 2324(k) and 41 U.S.C. 4310. There were no significant issues raised by the public comments in response to the initial regulatory flexibility analysis. Most contracts awarded on a fixed-price competitive basis do not require application of the cost principles. Most contracts valued at or below the simplified acquisition threshold are awarded on a fixed price competitive basis. Requiring submission of certified cost or pricing data for acquisitions that do not exceed the simplified acquisition threshold is prohibited (FAR 15.403–4(a)(2)). According to Federal Procurement Data System (FPDS) data for FY 2012, there were 73,014 Federal new contract awards over the simplified acquisition threshold in FY 2012. Of those contracts, only 11,279 awards were to small businesses on other than a competitive fixed-price basis. Within that number of awards, this rule would only affect a contractor if a contractor employee commenced a proceeding by submitting a complaint under 10 U.S.C. 2409 or 41 U.S.C. 4712, and if that proceeding resulted in any of the consequences listed at FAR 31.205– 47(b). DoD, GSA, and NASA do not have data on the percentage of contracts that involve submission of a whistleblower complaint and result in monetary penalty or an order to take corrective action. There are no reporting, recordkeeping, or other compliance requirements in this rule. DoD, GSA, and NASA were unable to identify any alternatives to the rule which would reduce the impact on small entities and still meet the requirements of the statute. Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat. The Regulatory Secretariat has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. VerDate Mar<15>2010 18:43 Jul 24, 2014 Jkt 232001 V. Paperwork Reduction Act DEPARTMENT OF DEFENSE The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). GENERAL SERVICES ADMINISTRATION List of Subjects in 48 CFR Part 31 48 CFR Parts 4 and 32 Government procurement. Dated: July 18, 2014. William Clark, Acting Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy. Interim Rule Adopted as Final With Changes Accordingly, the interim rule amending 48 CFR part 31, which was published in the Federal Register at 78 FR 60173, September 30, 2013, is adopted as final with the following changes: PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES 1. The authority citation for 48 CFR part 31 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 2. Amend section 31.205–47 by— a. Redesignating paragraph (c)(2) as paragraph (c)(2)(i); ■ b. Removing from the newly redesignated paragraph (c)(2)(i) ‘‘proceeding,’’ and ‘‘States,’’ and adding ‘‘proceeding’’ and ‘‘States’’ in their places, respectively; and ■ c. Adding paragraph (c)(2)(ii) to read as follows: ■ ■ 31.205–47 Costs related to legal and other proceedings. * * * * * (c) * * * (2) * * * (i) * * * (ii) In the event of disposition by consent or compromise of a proceeding brought by a whistleblower for alleged reprisal in accordance with 41 U.S.C. 4712 or 10 U.S.C. 2409, reasonable costs incurred by a contractor or subcontractor in connection with such a proceeding that are not otherwise unallowable by regulation or by agreement with the United States may be allowed if the contracting officer, in consultation with his or her legal advisor, determined that there was very little likelihood that the claimant would have been successful on the merits. * * * * * [FR Doc. 2014–17500 Filed 7–24–14; 8:45 am] BILLING CODE 6820–EP–P PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [FAC 2005–76; Item IV; Docket No. 2014– 0053; Sequence No. 2] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective: July 25, 2014. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202–501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–76, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 4 and 32 this document makes editorial changes to the FAR. SUMMARY: List of Subject in 48 CFR parts 4 and 32 Government procurement. Dated: July 18, 2014. William Clark, Acting Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 32 as set forth below: ■ 1. The authority citation for 48 CFR parts 4 and 32 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 4—ADMINISTRATIVE MATTERS 4.605 [Amended] 2. Amend section 4.605 by removing from paragraph (c)(2) introductory text ‘‘Integrated Acquisition Environment’’ and adding ‘‘Integrated Award Environment’’ in its place. ■ 4.1601 [Amended] 3. Amend section 4.1601 by removing from paragraph (b) ‘‘Integrated ■ E:\FR\FM\25JYR2.SGM 25JYR2 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations Acquisition Environment’’ and adding ‘‘Integrated Award Environment’’ in its place. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION PART 32—CONTRACT FINANCING 32.009–1 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Amended] 4. Amend section 32.009–1 by removing ‘‘OMB Memorandum M–13– 15,’’ and adding ‘‘OMB Memoranda M– 13–15 and M–14–10, both titled’’ in its place. ■ [FR Doc. 2014–17501 Filed 7–24–14; 8:45 am] BILLING CODE 6820–EP–P 48 CFR Chapter 1 [Docket No. FAR 2014–0052, Sequence No. 4] Federal Acquisition Regulation; Federal Acquisition Circular 2005–76; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. AGENCIES: This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in SUMMARY: accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005–76, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005–76, which precedes this document. These documents are also available via the Internet at https://www.regulations.gov. DATES: July 25, 2014. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–76 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Rules Listed in FAC 2005–76 Item Subject * I ................................ Equal Employment and Affirmative Action for Veterans and Individuals with Disabilities (Interim). Small Business Protests and Appeals .................................................................................. Allowability of Legal Costs for Whistleblower Proceedings .................................................. Technical Amendments. * II ............................... * III .............................. IV ................................ emcdonald on DSK67QTVN1PROD with RULES2 SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2005–76 amends the FAR as specified below: Item I—Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities (FAR Case 2014–013) DoD, GSA, and NASA are issuing an interim rule amending the FAR to implement final rules issued on September 24, 2013, by the Office of Federal Contract Compliance Programs at the Department of Labor (DOL) relating to equal opportunity and affirmative action for veterans and individuals with disabilities. The DOL rules provide clarification of mandatory listing of employment openings, the posting of notices, making notices accessible to persons with disabilities, and requiring nondiscrimination statements in contractor solicitations or advertisements for employees. The FAR clauses have been restructured to provide a citation to the applicable clause in the DOL regulations and VerDate Mar<15>2010 18:43 Jul 24, 2014 Jkt 232001 FAR case include a statement that summarizes the contractors’ top level obligations under each clause. There is no significant impact on small entities imposed by the FAR rules. Item II—Small Business Protests and Appeals (FAR Case 2012–014) This final rule amends the FAR to provide revised regulatory coverage for small business size and small business status protest and appeal procedures and to ensure that the FAR contains consistent and coherent protest and appeal procedures that are congruent with Small Business Administration regulations. This final rule will have no direct negative impact on any small business concern, since it is aimed at preventing other than small business concerns from receiving or performing contracts set aside for small business concerns. This rule will indirectly benefit small business concerns by preventing awards to ineligible concerns, or shortening the length of time other than small business concerns perform small business setaside contracts. PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 43591 Analyst 2014–013 Loeb. 2012–014 2013–017 Morgan. Chambers. Item III—Allowability of Legal Costs for Whistleblower Proceedings (FAR Case 2013–017) This finalizes an interim rule that revised the cost principle at FAR 31.205–47 to implement sections 827(g) and 828(d) of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239). The cost principle addresses the allowability of legal costs incurred by a contractor or subcontractor in connection with a whistleblower protection proceeding commenced by a contractor or subcontractor employee submitting a complaint of reprisal under the applicable whistleblower statute. The cost principle is revised in the final rule to allow reasonable legal proceeding costs in certain settlements. Because most contracts awarded to small businesses are awarded on a competitive, fixed-price basis, thus limiting their exposure to the cost principles, the impact of this interim rule on small businesses will be minimal. Item IV—Technical Amendments Editorial changes are made at FAR 4.605, 4.1601, and 32.009–1. The change at 32.009–1 shows the recent extension E:\FR\FM\25JYR2.SGM 25JYR2

Agencies

[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43590-43591]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17501]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4 and 32

[FAC 2005-76; Item IV; Docket No. 2014-0053; Sequence No. 2]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make editorial changes.

DATES: Effective: July 25, 2014.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat Division 
(MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-
4755, for information pertaining to status or publication schedules. 
Please cite FAC 2005-76, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 4 and 32 this document makes editorial changes to the FAR.

List of Subject in 48 CFR parts 4 and 32

    Government procurement.

    Dated: July 18, 2014.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-Wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 32 as set 
forth below:

0
1. The authority citation for 48 CFR parts 4 and 32 continues to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 4--ADMINISTRATIVE MATTERS


4.605  [Amended]

0
2. Amend section 4.605 by removing from paragraph (c)(2) introductory 
text ``Integrated Acquisition Environment'' and adding ``Integrated 
Award Environment'' in its place.


4.1601  [Amended]

0
3. Amend section 4.1601 by removing from paragraph (b) ``Integrated

[[Page 43591]]

Acquisition Environment'' and adding ``Integrated Award Environment'' 
in its place.

PART 32--CONTRACT FINANCING


32.009-1  [Amended]

0
4. Amend section 32.009-1 by removing ``OMB Memorandum M-13-15,'' and 
adding ``OMB Memoranda M-13-15 and M-14-10, both titled'' in its place.

[FR Doc. 2014-17501 Filed 7-24-14; 8:45 am]
BILLING CODE 6820-EP-P

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