Federal Acquisition Regulation; Offering a Construction Requirement-8(a) Program, 60263-60264 [2010-24163]
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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
Response: The Councils believe that
the contracting officer negotiates a fair
and reasonable profit or fee for each
acquisition based upon the effort and
risk associated with that acquisition.
Consequently, it would not be
appropriate to encourage the use of or
set a minimum base-fee rate, since the
establishment of base fee is subject to
negotiation and the specific
circumstances of each acquisition.
15. Eliminate Requirement Relative to
Completing a Determination and
Finding
Comment: One respondent wrote that
the requirement in the interim rule for
a determination and finding (D&F) was
redundant with other FAR requirements
and increases the workload of
overburdened contracting officers
without providing any value added. The
respondent recommended deleting this
requirement in the final rule.
Response: The Councils appreciate
the respondent’s concern for the
contracting officer’s workload but
disagree with eliminating this
requirement from the final rule. The
completion of the D&F and Head of
Contracting Agency approval satisfy the
requirements in section 814 of the John
Warner National Defense Authorization
Act for Fiscal Year 2007 (Pub. L. 109–
364) and section 867 of the Duncan
Hunter National Defense Authorization
Act for Fiscal Year 2009 (Pub. L. 110–
417) to establish the appropriate
approval level for using award-fee
contracts. They are also necessary to
ensure that the suitability factors to use
an award-fee contract are properly
addressed and documented because of
the large investment of resources
required to administer an award-fee
contract.
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C. Regulatory Planning and Review
This is a significant regulatory action
and, therefore, was subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
dated September 30, 1933. This rule is
not a major rule under 5 U.S.C. 804.
D. Regulatory Flexibility Act
The Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not have a significant
economic impact on a substantial
number of small entities within the
meaning of the Regulatory Flexibility
Act, 5 U.S.C. 601, et seq., because the
rule largely covers a broad range of
aspects of award-fee contracting, whose
upshot will be a more consistent use
and administration of award fees
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15:32 Sep 28, 2010
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Governmentwide which will provide a
small benefit to all entities both large
and small. In addition, the changes
promulgated in this final rule do not
directly affect the current business
processes of Federal contractors. In the
matter of the rule’s prohibition on the
rollover of unearned award fee, the
Councils believe this will have a
negligible impact on small businesses
for the following reasons. First, awardfee contracts are largely the province of
large businesses with large dollar
contracts. Second, the ability to roll over
unearned award fee may have caused
evaluators in the past to be more
conservative in their ratings because of
their awareness that contractors may
have a second opportunity to earn
unearned award fees.
E. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. chapter 35,
et seq.
List of Subjects in 48 CFR Part 16
Government procurement.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Accordingly, the interim rule
published in the Federal Register at 74
FR 52856 on October 14, 2009, is
adopted as a final rule with the
following changes:
■
PART 16—TYPES OF CONTRACTS
1. The authority citation for 48 CFR
part 16 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
16.401
[Amended]
2. Amend section 16.401 by—
a. Removing from paragraph (e)(2) the
words ‘‘performance is’’ and adding
‘‘performance in the aggregate is’’ in its
place each time it appears (twice);
■ b. Removing from Table 16–1 that
follows paragraph (e)(3)(iv) the words
‘‘contract as’’ and adding ‘‘contract in the
aggregate as’’ in its place each time it
appears (five times); and
■ c. Removing from paragraph (e)(3)(v)
the words ‘‘performance is’’ and adding
‘‘performance in the aggregate is’’ in its
place.
■
■
[FR Doc. 2010–24161 Filed 9–28–10; 8:45 am]
BILLING CODE 6820–EP–P
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60263
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005–46; FAR Case 2009–020; Item
V; Docket 2010–0103, Sequence 1]
RIN 9000–AL68
Federal Acquisition Regulation;
Offering a Construction Requirement—
8(a) Program
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing a final rule
amending the Federal Acquisition
Regulation (FAR) to revise FAR subpart
19.8, Contracting with the Small
Business Administration (The 8(a)
Program), to conform to the Small
Business Administration (SBA)
regulations. The FAR Council did not
publish this rule for comment because
this change will not have a significant
effect beyond the internal operating
procedures of the Government and will
not have a significant effect on
contractors or offerors. Furthermore,
this requirement has existed in the
Small Business Administration
Regulations since January 1, 2009, and
the FAR is being updated to conform to
these regulations. This revision changes
the location for submitting offering
letters to SBA for a construction
requirement for which a specific offeror
is nominated and impacts internal
procedures that the contracting officer is
now required to follow.
DATES: Effective Date: October 29, 2010
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Karlos Morgan, Procurement Analyst, at
(202) 501–2364. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–46, FAR case 2009–020.
SUPPLEMENTARY INFORMATION:
SUMMARY:
A. Background
This final rule amends the FAR to
revise FAR 19.804–2(b) to conform to
the SBA regulation 13 CFR
124.502(b)(3). The current FAR requires
sole source offerings for construction
E:\FR\FM\29SER3.SGM
29SER3
60264
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
requirements be submitted to the SBA
District Office for the geographical area
where the work is to be performed.
However, the SBA regulation requires
the offering letters for sole source
requirements offered on behalf of a
specific participant be submitted to the
SBA district office servicing that
concern.
This is not a significant regulatory
action and, therefore, was not subject to
review under section 6(b) of Executive
Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501–3(a) and 41 U.S.C. 418b, and
publication for public comments is not
required.
The Councils will consider comments
from small entities concerning the
existing regulations in the part affected
by this rule in accordance with 5 U.S.C.
610. Interested parties must submit such
comments separately and should cite 5
U.S.C. 610 (FAC 2005–46, FAR Case
2009–020) in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply because the changes to the
FAR do not impose information
collection requirements that require the
approval of the Office of Management
and Budget under 44 U.S.C. chapter 35,
et seq.
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 19 as set forth
below:
■
PART 19—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 19 continues to read as follows:
■
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Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
2. Amend section 19.804–2 by—
a. Revising paragraph (b)(1); and
b. Redesignating paragraph (b)(2) as
paragraph (b)(3); and adding a new
paragraph (b)(2).
■ The revised and added text reads as
follows:
■
■
■
19.804–2
*
*
Agency offering.
*
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*
*
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(b)(1) An agency offering a
construction requirement for which no
specific offeror is nominated should
submit it to the SBA District Office for
the geographical area where the work is
to be performed.
(2) An agency offering a construction
requirement on behalf of a specific
offeror should submit it to the SBA
District Office servicing that concern.
*
*
*
*
*
[FR Doc. 2010–24163 Filed 9–28–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 23 and 52
[FAC 2005–46; FAR Case 2009–028; Item
VI; Docket 2010–0097, Sequence 1]
RIN 9000–AL64
Federal Acquisition Regulation;
Encouraging Contractor Policies To
Ban Text Messaging While Driving
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
AGENCIES:
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
Executive Order 13513, issued on
October 1, 2009, entitled ‘‘Federal
Leadership on Reducing Text Messaging
while Driving.’’ This Executive Order
was issued to demonstrate Federal
leadership in improving safety on the
nation’s roads and highways, and to
enhance the efficiency of Federal
contracting. The purpose of this policy
is to prevent the unsafe practice of text
messaging by Federal contractors while
driving in connection with Government
business. This policy further promotes
economy and efficiency in Federal
procurement, and seeks to prohibit the
disruption of Government business and
Federal procurement, as a result of
unsafe text messaging practices.
DATES: Effective Date: September 29,
2010.
Applicability Date: The rule applies to
solicitations issued and contracts
awarded on or after September 29, 2010.
SUMMARY:
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However, contracting officers are
encouraged to modify existing contracts,
in accordance with FAR 1.108(d)(3), to
include the FAR clause.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
November 29, 2010 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–46, FAR Case
2009–028, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–028’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–028.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2009–028’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, Attn: Hada Flowers, Washington,
DC 20405.
Instructions: Please submit comments
only and cite FAC 2005–46, FAR Case
2009–028, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
William Clark, Procurement Analyst, at
(202) 219–1813. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–46, FAR Case 2009–028.
SUPPLEMENTARY INFORMATION:
A. Background
This interim rule revises the Federal
Acquisition Regulation to implement
Executive Order 13513, issued on
October 1, 2009 (74 FR 51225, October
6, 2009), entitled ‘‘Federal Leadership
on Reducing Text Messaging while
Driving.’’
Text messaging while driving causes
drivers to take their eyes off the road
and at least one hand off the steering
wheel, endangering both themselves
and others. In order to implement the
Executive order, this interim rule
creates a new subpart in FAR part 23
and an associated clause to encourage
Federal contractors and subcontractors
to adopt and enforce policies that ban
text messaging while driving—
E:\FR\FM\29SER3.SGM
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]]>Agencies
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60263-60264]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24163]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005-46; FAR Case 2009-020; Item V; Docket 2010-0103, Sequence 1]
RIN 9000-AL68
Federal Acquisition Regulation; Offering a Construction
Requirement--8(a) Program
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are issuing a final rule
amending the Federal Acquisition Regulation (FAR) to revise FAR subpart
19.8, Contracting with the Small Business Administration (The 8(a)
Program), to conform to the Small Business Administration (SBA)
regulations. The FAR Council did not publish this rule for comment
because this change will not have a significant effect beyond the
internal operating procedures of the Government and will not have a
significant effect on contractors or offerors. Furthermore, this
requirement has existed in the Small Business Administration
Regulations since January 1, 2009, and the FAR is being updated to
conform to these regulations. This revision changes the location for
submitting offering letters to SBA for a construction requirement for
which a specific offeror is nominated and impacts internal procedures
that the contracting officer is now required to follow.
DATES: Effective Date: October 29, 2010
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Karlos Morgan, Procurement Analyst, at (202) 501-2364. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-46, FAR
case 2009-020.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the FAR to revise FAR 19.804-2(b) to conform
to the SBA regulation 13 CFR 124.502(b)(3). The current FAR requires
sole source offerings for construction
[[Page 60264]]
requirements be submitted to the SBA District Office for the
geographical area where the work is to be performed. However, the SBA
regulation requires the offering letters for sole source requirements
offered on behalf of a specific participant be submitted to the SBA
district office servicing that concern.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501-3(a) and 41 U.S.C. 418b, and publication for
public comments is not required.
The Councils will consider comments from small entities concerning
the existing regulations in the part affected by this rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAC 2005-46, FAR Case
2009-020) in all correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
chapter 35, et seq.
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 19 as set forth below:
PART 19--SMALL BUSINESS PROGRAMS
0
1. The authority citation for 48 CFR part 19 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 19.804-2 by--
0
a. Revising paragraph (b)(1); and
0
b. Redesignating paragraph (b)(2) as paragraph (b)(3); and adding a new
paragraph (b)(2).
0
The revised and added text reads as follows:
19.804-2 Agency offering.
* * * * *
(b)(1) An agency offering a construction requirement for which no
specific offeror is nominated should submit it to the SBA District
Office for the geographical area where the work is to be performed.
(2) An agency offering a construction requirement on behalf of a
specific offeror should submit it to the SBA District Office servicing
that concern.
* * * * *
[FR Doc. 2010-24163 Filed 9-28-10; 8:45 am]
BILLING CODE 6820-EP-P
