Federal Acquisition Regulation: Streamlining Claims Processing, 70342-70343 [2014-27659]
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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
Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations
administrative impact on contractors or
offerors. This final rule is not required
to be published for public comment,
because it has no effect on contractors
or offerors. This rule only revises the
regulation by accurately reflecting that
the DOL is the administrative authority
for certain functions that were formerly
the function of the GAO. These
requirements affect only the internal
operating procedures of the
Government.
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
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 does
not require publication for public
comment.
V. Paperwork Reduction Act
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).
List of Subjects in 48 CFR Parts 22 and
53
Government procurement.
tkelley on DSK3SPTVN1PROD with RULES3
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 22 and 53 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 22 and 53 continues to read as
follows:
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
2. Amend section 22.406–9 by
revising paragraphs (c)(1) and (3) to read
as follows:
■
22.406–9 Withholding from or suspension
of contract payments.
*
*
*
*
*
(c) Disposition of contract payments
withheld or suspended—(1) Forwarding
wage underpayments to the Secretary of
Labor. Upon final administrative
determination, if the contractor or
subcontractor has not made restitution,
the contracting officer must follow the
Department of Labor guidance
published in Wage and Hour Division,
All Agency Memorandum (AAM) No.
215, Streamlining Claims for Federal
Contractor Employees Act. The AAM
No. 215 can be obtained at https://
www.dol.gov/whd/govcontracts/
dbra.htm; under Guidance there is a
link for All Agencies Memoranda
(AAMs).
*
*
*
*
*
(3) Limitation on returning funds. If
the Department of Labor requested the
withholding or if the findings are
disputed (see 22.406–10(e)), the
contracting officer must not return the
funds to the contractor without approval
by the Department of Labor.
*
*
*
*
*
22.406–11
[Amended]
3. Amend section 22.406–11 by
removing from the introductory
paragraph ‘‘, and the Comptroller
General’’.
■
PART 53—FORMS
4. Amend section 53.222 by revising
the section heading; and removing and
reserving paragraph (d) to read as
follows:
■
53.222 Application of labor laws to
Government acquisitions (SF’s 307, 1413,
1445, 1446, WH–347).
*
*
*
53.301–1093
■
*
*
[Removed]
5. Remove section 53.301–1093.
[FR Doc. 2014–27659 Filed 11–24–14; 8:45 am]
BILLING CODE 6820–EP–P
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
VerDate Sep<11>2014
19:16 Nov 24, 2014
Jkt 235001
PO 00000
Frm 00005
Fmt 4701
Sfmt 4700
70343
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 39 and 52
[FAC 2005–78; FAR Case 2014–006; Item
III; Docket 2011–0023, Sequence 1]
RIN 9000–AM53
Federal Acquisition Regulation; Year
Format
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
delete obsolete regulations relating to
the year 2000 compliance.
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–
4755. Please cite FAC 2005–78, FAR
Case 2014–006.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
79 FR 16274 on March 25, 2014. No
public comments were submitted. The
final rule makes no changes from the
proposed rule.
DoD, GSA, and NASA are amending
the FAR to delete obsolete coverage
relating to the year 2000 compliance at
FAR 39.002, 39.101(a) and 39.106. Also,
the rule makes conforming changes to
FAR 39.107 and the introductory text to
the clause at FAR 52.239–1. The year
2000 coverage is outdated, and no
longer needed because all of the issues
addressing the transition to year 2000
compliance language have been
resolved. Executive Order (E.O.) 13563,
Improving Regulation and Regulatory
Review, on retrospective review of
regulations, requires agencies to
conduct a review and analysis of their
regulations and prepare a plan listing
regulations that should be modified,
streamlined, expanded, or repealed to
make the agency’s regulatory program
more effective or less burdensome in
achieving the regulatory objectives. The
E:\FR\FM\25NOR3.SGM
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]]>Agencies
[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70342-70343]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27659]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 22 and 53
[FAC 2005-78; FAR Case 2014-011; Item II; Docket No. 2014-0011;
Sequence No. 1]
RIN 9000-AM83
Federal Acquisition Regulation: Streamlining Claims Processing
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 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 202-501-4755. 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
[[Page 70343]]
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because it has no
effect on contractors or offerors. This rule only revises the
regulation by accurately reflecting that the DOL is the administrative
authority for certain functions that were formerly the function of the
GAO. These requirements affect only the internal operating procedures
of the Government.
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
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require
publication for public comment.
V. Paperwork Reduction Act
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).
List of Subjects in 48 CFR Parts 22 and 53
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 22 and 53 as set
forth below:
0
1. The authority citation for 48 CFR parts 22 and 53 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 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
2. Amend section 22.406-9 by revising paragraphs (c)(1) and (3) to read
as follows:
22.406-9 Withholding from or suspension of contract payments.
* * * * *
(c) Disposition of contract payments withheld or suspended--(1)
Forwarding wage underpayments to the Secretary of Labor. Upon final
administrative determination, if the contractor or subcontractor has
not made restitution, the contracting officer must follow the
Department of Labor guidance published in Wage and Hour Division, All
Agency Memorandum (AAM) No. 215, Streamlining Claims for Federal
Contractor Employees Act. The AAM No. 215 can be obtained at https://www.dol.gov/whd/govcontracts/dbra.htm; under Guidance there is a link
for All Agencies Memoranda (AAMs).
* * * * *
(3) Limitation on returning funds. If the Department of Labor
requested the withholding or if the findings are disputed (see 22.406-
10(e)), the contracting officer must not return the funds to the
contractor without approval by the Department of Labor.
* * * * *
22.406-11 [Amended]
0
3. Amend section 22.406-11 by removing from the introductory paragraph
``, and the Comptroller General''.
PART 53--FORMS
0
4. Amend section 53.222 by revising the section heading; and removing
and reserving paragraph (d) to read as follows:
53.222 Application of labor laws to Government acquisitions (SF's 307,
1413, 1445, 1446, WH-347).
* * * * *
53.301-1093 [Removed]
0
5. Remove section 53.301-1093.
[FR Doc. 2014-27659 Filed 11-24-14; 8:45 am]
BILLING CODE 6820-EP-P
