Federal Acquisition Regulation; Incorporating Section K in Contracts, 70341-70342 [2014-27657]
Download as PDF
<![CDATA[
Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations
A. Analysis of Changes
One editorial change was made to the
proposed rule as a result of the public
comments.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
B. Analysis of Public Comments
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
1. Edits
Comment: The respondent
recommended adding commas to the
changes in FAR parts 14 and 15.
Response: Instead of commas, the
word ‘‘see’’ was added.
48 CFR Parts 4, 14, 15, and 52
[FAC 2005–78; FAR Case 2014–001; Item
I; Docket No. 2014–0001, Sequence No. 1]
RIN 9000–AM78
Federal Acquisition Regulation;
Incorporating Section K in Contracts
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCIES:
ACTION:
Final rule.
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
standardize the incorporation by
reference of representations and
certifications in contracts.
SUMMARY:
Effective: December 26, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Curtis E. Glover, Sr., Procurement
Analyst, at (202) 501–1448, for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–78, FAR Case 2014–001.
DATES:
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
78 FR 22615 on April 23, 2014, to revise
the language at FAR subpart 4.12,
Representations and Certifications, and
add a new clause at FAR 52.204–19 to
standardize the incorporation by
reference of representations and
certifications in contracts, regardless of
which contract award form is used. FAR
clause 52.212–4 has a new paragraph (v)
to cover this issue for commercial items.
One respondent submitted comments on
the proposed rule.
tkelley on DSK3SPTVN1PROD with RULES3
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the comments in the
development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
VerDate Sep<11>2014
19:16 Nov 24, 2014
Jkt 235001
2. Out of Scope
Comment: The respondent suggested
revising the last sentence in the
introductory paragraph of FAR 4.1202
(which will become 4.1202(a)) to
include a reference to either 52.212–1 or
52.212–3.
Response: No changes were made for
the out-of-scope suggestion.
Comment: The respondent suggested
that the FAR matrix be revised to
indicate that 52.204–6, 52.204–7,
52.204–13, and possibly, 52.204–12 are
not applicable to commercial items.
Response: No changes were made for
the out-of-scope suggestion.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
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.
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:
The objective of this final rule is to
standardize the incorporation by reference of
representations and certifications in
contracts.
No issues were raised by the public in
response to the initial regulatory flexibility
analysis. There are no reporting,
recordkeeping, or other compliance
requirements in the final rule. This final rule
is an internal procedure requiring the
contracting officer to acknowledge the small
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
70341
entity’s representations and certifications by
incorporating them by reference in the
contract award document.
This final rule does not revise or impact
the existing representations and certifications
submitted by small entities; therefore, this
final rule should have no significant
economic impact on a substantial number of
small entities.
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.
V. Paperwork Reduction Act
The final 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).
List of Subjects in 48 CFR Parts 4, 14,
15, and 52
Government procurement.
Dated: November 17, 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, 14, 15, and 52
as set forth below:
■ 1. The authority citation for 48 CFR
parts 4, 14, 15, and 52 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
2. Amend section 4.1200 by—
a. Removing from the end of
paragraph (a) the word ‘‘and’’;
■ b. Removing from the end of
paragraph (b) the period and adding ‘‘;
and’’ in its place; and
■ c. Adding paragraph (c) to read as
follows:
■
■
4.1200
Scope.
*
*
*
*
*
(c) Incorporate by reference the
contractor’s representations and
certifications in the awarded contract.
■ 3. Amend section 4.1201 by adding
paragraph (d) to read as follows:
4.1201
Policy.
*
*
*
*
*
(d) The contracting officer shall
incorporate the representations and
certifications by reference in the
contract (see 52.204–19, or for
acquisitions of commercial items see
52.212–4(v)).
■ 4. Amend section 4.1202 by—
E:\FR\FM\25NOR3.SGM
25NOR3
70342
Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations
a. Redesignating paragraphs (a)
through (cc) as paragraphs (a)(1) through
(29), respectively;
■ b. Designating the introductory
paragraph as paragraph (a); and
■ c. Adding a new paragraph (b) to read
as follows:
electronically via the System for Award
Management (SAM), are incorporated by
reference into the contract.
4.1202 Solicitation provision and contract
clause.
*
52.212–4 Contract Terms and
Conditions—Commercial Items.
*
■
*
*
*
*
(b) The contracting officer shall insert
the clause at 52.204–19, Incorporation
by Reference of Representations and
Certifications, in solicitations and
contracts.
PART 14—SEALED BIDDING
5. Amend section 14.201–1 by adding
a sentence at the end of paragraph (c) to
read as follows:
■
14.201–1
Uniform contract format.
(End of clause)
9. Amend section 52.212–4 by
revising the date of the clause; and
adding paragraph (v) to read as follows:
■
*
*
*
*
Contract Terms And Conditions—
Commercial Items (DEC 2014)
*
*
*
*
*
(v) Incorporation by reference. The
Contractor’s representations and
certifications, including those completed
electronically via the System for Award
Management (SAM), are incorporated by
reference into the contract.
*
*
*
*
*
[FR Doc. 2014–27657 Filed 11–24–14; 8:45 am]
BILLING CODE 6820–EP–P
*
*
*
*
*
(c) * * * The representations and
certifications shall be incorporated by
reference in the contract by using
52.204–19 (see 4.1202(b)) or for
acquisitions of commercial items see
52.212–4(v).
*
*
*
*
*
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
PART 15—CONTRACTING BY
NEGOTIATION
48 CFR Parts 22 and 53
6. Amend section 15.204–1 by
revising the last sentence of paragraph
(b) to read as follows:
[FAC 2005–78; FAR Case 2014–011; Item
II; Docket No. 2014–0011; Sequence No. 1]
15.204–1
Federal Acquisition Regulation:
Streamlining Claims Processing
■
Uniform contract format.
*
*
*
*
*
(b) * * * The representations and
certifications are incorporated by
reference in the contract by using
52.204–19 (see 4.1202(b)) or for
acquisitions of commercial items see
52.212–4(v).
*
*
*
*
*
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
[Amended]
7. Amend section 52.204–8 by
removing from the introductory text
‘‘4.1202’’ and adding ‘‘4.1202(a)’’ in its
place.
■ 8. Add section 52.204–19 to read as
follows:
■
tkelley on DSK3SPTVN1PROD with RULES3
52.204–19 Incorporation by Reference of
Representations and Certifications.
As prescribed in 4.1202(b), insert the
following clause.
Incorporation by Reference of
Representations and Certifications (DEC
2014)
The Contractor’s representations and
certifications, including those completed
VerDate Sep<11>2014
19:16 Nov 24, 2014
Jkt 235001
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
implement the Streamlining Claims
Processing for Federal Contractor
Employees Act which amends the
United States Code (U.S.C.) to transfer
certain functions from the Government
Accountability Office (GAO) to the
Department of Labor (DOL) relating to
the processing of claims for the payment
of workers who were not paid
appropriate wages under certain
provisions of the U.S.C.
DATES: Effective: December 26, 2014.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward Loeb, Procurement Analyst, at
202–501–0650 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
SUMMARY:
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
52.204–8
RIN 9000–AM83
PO 00000
Frm 00004
Fmt 4701
Sfmt 4700
4755. Please cite FAC 2005–78, FAR
Case 2014–011.
SUPPLEMENTARY INFORMATION:
I. Background
The Streamlining Claims Processing
for Federal Contractor Employees Act
(the Act) (Pub. L. 113–50) was enacted
on November 21, 2013. The Act
transfers certain administrative
authorities relating to the processing of
claims for the payment of workers who
were not paid appropriate wages under
certain provisions of title 40 U.S.C. from
the GAO to the DOL. One of the specific
functions transferred to the DOL at 40
U.S.C. 3144 and 3703 is the authority to
pay certain wages. FAR part 22,
Application of Labor Laws to
Government Acquisitions, which
addresses the withholding or
suspending of contract payments and
the disposition of such payments,
requires revision to be consistent with
the Act. Specifically, FAR 22.406–9,
Withholding from or suspension of
contract payments, at paragraph (c),
includes instructions regarding the
disposition of contract payments that
have been withheld or suspended. Also,
FAR 22.406–11, Contract terminations,
includes instructions for submitting
reports when terminations result from
violation of labor standards clauses.
This final rule revises these FAR
sections to appropriately reflect the
administrative authorities of the DOL,
and to provide a link to the DOL Web
site and guidance for disbursement of
withheld funds. Reference to Standard
Form (SF) 1093, Schedule of
Withholdings Under the Construction
Wage Rate Requirements Statute (40
U.S.C. Chapter 31, Subchapter IV,
Section 3144) and/or the Contract Work
Hours and Safety Standards Statute (40
U.S.C. Chapter 37, Section 3703), is
deleted. The SF 1093 was previously
used to disburse funds to the GAO and
is now obsolete.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation, procedure
or form, or has a significant cost or
E:\FR\FM\25NOR3.SGM
25NOR3
]]>Agencies
[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70341-70342]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27657]
[[Page 70341]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 14, 15, and 52
[FAC 2005-78; FAR Case 2014-001; Item I; Docket No. 2014-0001, Sequence
No. 1]
RIN 9000-AM78
Federal Acquisition Regulation; Incorporating Section K in
Contracts
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to standardize the incorporation
by reference of representations and certifications in contracts.
DATES: Effective: December 26, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
Analyst, at (202) 501-1448, for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at 202-501-4755. Please cite FAC 2005-78, FAR
Case 2014-001.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 78 FR 22615 on April 23, 2014, to revise the language at
FAR subpart 4.12, Representations and Certifications, and add a new
clause at FAR 52.204-19 to standardize the incorporation by reference
of representations and certifications in contracts, regardless of which
contract award form is used. FAR clause 52.212-4 has a new paragraph
(v) to cover this issue for commercial items. One respondent submitted
comments on the proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition Council and the Defense Acquisition
Regulations Council (the Councils) reviewed the comments in the
development of the final rule. A discussion of the comments and the
changes made to the rule as a result of those comments are provided as
follows:
A. Analysis of Changes
One editorial change was made to the proposed rule as a result of
the public comments.
B. Analysis of Public Comments
1. Edits
Comment: The respondent recommended adding commas to the changes in
FAR parts 14 and 15.
Response: Instead of commas, the word ``see'' was added.
2. Out of Scope
Comment: The respondent suggested revising the last sentence in the
introductory paragraph of FAR 4.1202 (which will become 4.1202(a)) to
include a reference to either 52.212-1 or 52.212-3.
Response: No changes were made for the out-of-scope suggestion.
Comment: The respondent suggested that the FAR matrix be revised to
indicate that 52.204-6, 52.204-7, 52.204-13, and possibly, 52.204-12
are not applicable to commercial items.
Response: No changes were made for the out-of-scope suggestion.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory 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.
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:
The objective of this final rule is to standardize the
incorporation by reference of representations and certifications in
contracts.
No issues were raised by the public in response to the initial
regulatory flexibility analysis. There are no reporting,
recordkeeping, or other compliance requirements in the final rule.
This final rule is an internal procedure requiring the contracting
officer to acknowledge the small entity's representations and
certifications by incorporating them by reference in the contract
award document.
This final rule does not revise or impact the existing
representations and certifications submitted by small entities;
therefore, this final rule should have no significant economic
impact on a substantial number of small entities.
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.
V. Paperwork Reduction Act
The final 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).
List of Subjects in 48 CFR Parts 4, 14, 15, and 52
Government procurement.
Dated: November 17, 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, 14, 15, and 52
as set forth below:
0
1. The authority citation for 48 CFR parts 4, 14, 15, and 52 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
0
2. Amend section 4.1200 by--
0
a. Removing from the end of paragraph (a) the word ``and'';
0
b. Removing from the end of paragraph (b) the period and adding ``;
and'' in its place; and
0
c. Adding paragraph (c) to read as follows:
4.1200 Scope.
* * * * *
(c) Incorporate by reference the contractor's representations and
certifications in the awarded contract.
0
3. Amend section 4.1201 by adding paragraph (d) to read as follows:
4.1201 Policy.
* * * * *
(d) The contracting officer shall incorporate the representations
and certifications by reference in the contract (see 52.204-19, or for
acquisitions of commercial items see 52.212-4(v)).
0
4. Amend section 4.1202 by--
[[Page 70342]]
0
a. Redesignating paragraphs (a) through (cc) as paragraphs (a)(1)
through (29), respectively;
0
b. Designating the introductory paragraph as paragraph (a); and
0
c. Adding a new paragraph (b) to read as follows:
4.1202 Solicitation provision and contract clause.
* * * * *
(b) The contracting officer shall insert the clause at 52.204-19,
Incorporation by Reference of Representations and Certifications, in
solicitations and contracts.
PART 14--SEALED BIDDING
0
5. Amend section 14.201-1 by adding a sentence at the end of paragraph
(c) to read as follows:
14.201-1 Uniform contract format.
* * * * *
(c) * * * The representations and certifications shall be
incorporated by reference in the contract by using 52.204-19 (see
4.1202(b)) or for acquisitions of commercial items see 52.212-4(v).
* * * * *
PART 15--CONTRACTING BY NEGOTIATION
0
6. Amend section 15.204-1 by revising the last sentence of paragraph
(b) to read as follows:
15.204-1 Uniform contract format.
* * * * *
(b) * * * The representations and certifications are incorporated
by reference in the contract by using 52.204-19 (see 4.1202(b)) or for
acquisitions of commercial items see 52.212-4(v).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.204-8 [Amended]
0
7. Amend section 52.204-8 by removing from the introductory text
``4.1202'' and adding ``4.1202(a)'' in its place.
0
8. Add section 52.204-19 to read as follows:
52.204-19 Incorporation by Reference of Representations and
Certifications.
As prescribed in 4.1202(b), insert the following clause.
Incorporation by Reference of Representations and Certifications (DEC
2014)
The Contractor's representations and certifications, including
those completed electronically via the System for Award Management
(SAM), are incorporated by reference into the contract.
(End of clause)
0
9. Amend section 52.212-4 by revising the date of the clause; and
adding paragraph (v) to read as follows:
52.212-4 Contract Terms and Conditions--Commercial Items.
* * * * *
Contract Terms And Conditions--Commercial Items (DEC 2014)
* * * * *
(v) Incorporation by reference. The Contractor's representations
and certifications, including those completed electronically via the
System for Award Management (SAM), are incorporated by reference
into the contract.
* * * * *
[FR Doc. 2014-27657 Filed 11-24-14; 8:45 am]
BILLING CODE 6820-EP-P
