Federal Acquisition Regulation; Federal Acquisition Circular 2005-46; Introduction, 60248-60249 [2010-24217]
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60248
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
Summary presentation of rules.
This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2005–46. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
available via the Internet at https://
www.regulations.gov.
SUMMARY:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010–0076, Sequence 8]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–46;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
For effective dates see separate
documents, which follow.
DATES:
The
analyst whose name appears in the table
below in relation to each FAR case.
Please cite FAC 2005–46 and the
specific FAR case numbers. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at (202) 501–
4755.
FOR FURTHER INFORMATION CONTACT:
LIST OF RULES IN FAC 2005–46
Item
Subject
I ...............................
II ..............................
Equal Opportunity for Veterans (Interim) ..............................................................................
Certification Requirement and Procurement Prohibition Relating to Iran Sanctions (Interim).
Termination for Default Reporting .........................................................................................
Award-Fee Language Revision .............................................................................................
Offering a Construction Requirement–8(a) Program ............................................................
Encouraging Contractor Policies to Ban Text Messaging While Driving (Interim) ...............
Buy American Exemption for Commercial Information Technology—Construction Material
(Interim).
III .............................
IV ............................
V .............................
VI ............................
VII ...........................
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR cases,
refer to the specific item number and
subject set forth in the documents
following these item summaries.
FAC 2005–46 amends the FAR as
specified below:
erowe on DSK5CLS3C1PROD with RULES3
Item I—Equal Opportunity for Veterans
(FAR Case 2009–007) (Interim)
This interim rule with request for
comments implements the Department
of Labor’s (DoL) Office of Federal
Contract Compliance Programs (OFCCP)
final rule published in the Federal
Register at 72 FR 44393 on August 8,
2007, that implements amendments to
the affirmative action provisions of the
Vietnam Era Veterans’ Readjustment
Assistance Act of 1972 (VEVRAA), as
amended by the Jobs for Veterans Act
(JVA). The rule re-titles FAR subpart
22.13 from ‘‘Special Disabled Veterans,
Veterans of the Vietnam Era, and Other
Eligible Veterans’’ to ‘‘Equal Opportunity
for Veterans.’’ Accordingly, FAR clause
52.222–35 is also renamed ‘‘Equal
Opportunity for Veterans’’ and
incorporates the new categories and
definitions of protected veterans as
established by DoL. In addition, the
FAR clause at 52.222–37, ‘‘Employment
Reports on Special Disabled Veterans,
Veterans of the Vietnam Era, and Other
VerDate Mar<15>2010
15:32 Sep 28, 2010
Jkt 220001
FAR Case
Eligible Veterans’’ is renamed
‘‘Employment Reports on Veterans’’ and
the new DoL requirements for using the
VETS–100A report are incorporated.
Lastly, the FAR provision at 52.222–38,
‘‘Compliance with Veterans’
Employment Reporting Requirements,’’
is revised to incorporate new title
references for FAR 52.222–37 and the
new report form VETS–100A.
Item II—Certification Requirement and
Procurement Prohibition Relating to
Iran Sanctions (FAR Case 2010–012)
(Interim)
This interim rule amends the FAR by
enhancing efforts to enforce sanctions
with Iran. The rule implements
requirements imposed by the
Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010 (Pub. L. 111–195), specifically
sections 102 and 106. To implement
section 102, the FAR will require
certification that each offeror, and any
person owned or controlled by the
offeror, does not engage in any activity
for which sanctions may be imposed
under section 5 of the Iran Sanctions
Act. This rule also partially implements
section 106 of Public Law 111–195,
which imposes a procurement
prohibition relating to contracts with
persons that export certain sensitive
technology to Iran. There will be further
implementation of Section 106 in FAR
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
Analyst
2009–007
2010–012
Woodson
Davis
2008–016
2008–008
2009–020
2009–028
2009–039
Parnell
Chambers
Morgan
Clark
Davis
Case 2010–018. This rule will have little
effect on United States small business
concerns, because such dealings with
Iran are already prohibited in the United
States.
Item III—Termination for Default
Reporting (FAR Case 2008–016)
This final rule amends the FAR to
revise the contractor performance
information process. The FAR revisions
include changes to FAR parts 8, 12, 15,
42, and 49. The purpose of the rule is
to establish procedures for contracting
officers to provide contractor
information into the Federal Awardee
Performance & Integrity Information
System (FAPIIS) module of Past
Performance Information System
(PPIRS). This case sets forth
requirements for reporting defective cost
or pricing data and terminations for
cause or default and any amendments.
Evaluation of past performance
information, especially terminations,
manages risks associated with timely,
effective and cost efficient completion
of contracts, a key objective of the
President’s March 4, 2009,
Memorandum on Government
Contracting.
Item IV—Award-Fee Language
Revision (FAR Case 2008–008)
This final rule converts the interim
rule published in the Federal Register at
E:\FR\FM\29SER3.SGM
29SER3
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations
74 FR 52856 on October 14, 2009, to a
final rule with minor changes.
This final rule amends the FAR to
implement section 814 of the John
Warner National Defense Authorization
Act for Fiscal Year 2007 and section 867
of the Duncan Hunter 2009 National
Defense Authorization Act for Fiscal
Year 2009. This rule requires agencies
to—
(1) Link award fees to acquisition
objectives in the areas of cost, schedule,
and technical performance;
(2) Clarify that a base fee amount
greater than zero may be included in a
cost-plus-award-fee type contract at the
discretion of the contracting officer;
(3) Prescribe narrative ratings that will
be utilized in award-fee evaluations;
(4) Prohibit the issuance of award fees
for a rating period if the contractor’s
performance is judged to be below
satisfactory;
(5) Conduct a risk and cost-benefit
analysis and consider the results of the
analysis when determining whether to
use an incentive-fee type contract or
not;
(6) Include specific content in the
award-fee plans; and
(7) Prohibit the rolling over of
unearned award fees to subsequent
rating periods.
This FAR change will integrate where
appropriate, FAR part 7, Acquisition
Planning, and FAR part 16, Contract
Types, to improve agency use and
decision making when using incentive
contracts.
erowe on DSK5CLS3C1PROD with RULES3
Item V—Offering a Construction
Requirement—8(a) Program (FAR Case
2009–020)
This final rule amends the FAR to
revise FAR subpart 19.8, Contracting
with the Small Business Administration
(The 8(a) Program), specifically FAR
19.804–2(b) to conform to the Small
Business Administration (SBA)
regulations. The SBA regulation 13 CFR
124.502(b)(2) requires that the offering
letter for an open construction
requirement be submitted to the SBA
District Office for the geographical area
where the work is to be performed. The
SBA regulation 13 CFR 124.502(b)(3)
requires that the offering letter for a
construction requirement offered on
behalf of a specific participant be
submitted to the SBA District Office
servicing that concern. This rule revises
FAR 19.804–2 accordingly.
Item VI—Encouraging Contractor
Policies To Ban Text Messaging While
Driving (FAR Case 2009–028) (Interim)
This interim rule amends the FAR to
implement Executive Order 13513,
entitled ‘‘Federal Leadership on
VerDate Mar<15>2010
15:32 Sep 28, 2010
Jkt 220001
Reducing Text Messaging while
Driving,’’ which was issued on October
1, 2009 (74 FR 51225, October 6, 2009).
Section 4 of the Executive order requires
each Federal agency, in procurement
contracts, entered into after the date of
the order, to encourage contractors and
subcontractors to adopt and enforce
policies that ban text messaging while
driving company-owned or -rented
vehicles or Government-owned
vehicles; or privately-owned vehicles
when on official Government business
or when performing any work for or on
behalf of the Government. Section 4 also
requires Federal agencies to encourage
contractors to conduct initiatives such
as establishment of new rules and
programs or re-evaluation of existing
programs to prohibit text messaging
while driving, and education,
awareness, and other outreach programs
to inform employees about the safety
risks associated with texting while
driving. This requirement applies to all
solicitations and contracts. Contracting
officers are encouraged to modify
existing contracts to include the FAR
clause.
Item VII—Buy American Exemption for
Commercial Information Technology—
Construction Material (FAR Case 2009–
039) (Interim)
This interim rule implements section
615 of Division C, Title VI, of the
Consolidated Appropriations Act, 2010
(Pub. L. 111–117). Section 615
authorizes exemption from the Buy
American Act for acquisition of
information technology that is a
commercial item.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010–24217 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 1, 22, and 52
[FAC 2005–46; FAR Case 2009–007; Item
I; Docket 2010–0101, Sequence 1]
RIN 9000–AL67
Federal Acquisition Regulation; Equal
Opportunity for Veterans
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
PO 00000
Frm 00003
Fmt 4701
Sfmt 4700
60249
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing an interim rule
amending the Federal Acquisition
Regulation (FAR) to implement
Department of Labor (DoL) regulations
on equal opportunity provisions for
various categories of military veterans.
This rule sets forth revised coverage and
definitions of veterans covered under
the Vietnam Era Veterans’ Readjustment
Assistance Act of 1972 (VEVRAA) and
includes new reporting requirements
established under the VEVRAA and the
Jobs for Veterans Act (JVA).
DATES: Effective Date: September 29,
2010.
Applicability date: Contracting
officers may modify existing contracts of
$100,000 or more that were awarded or
modified on or after December 1, 2003,
to require the use of the new VETS–
100A form starting with the report filed
September 30, 2010.
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
2009–007, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2009–007’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2009–007.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2009–007’’ 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
2009–007, 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.
SUMMARY:
E:\FR\FM\29SER3.SGM
29SER3
]]>Agencies
[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60248-60249]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-24217]
[[Page 60247]]
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Part V
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Parts 1, 4, 8, et al.
Federal Acquisition Regulations; Rules
Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 /
Rules and Regulations
[[Page 60248]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0076, Sequence 8]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-46; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of rules.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2005-46. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the Internet at https://www.regulations.gov.
DATES: For effective dates see separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to each FAR case. Please cite FAC 2005-46 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.
List of Rules in FAC 2005-46
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
I.................................. Equal Opportunity for Veterans 2009-007 Woodson
(Interim).
II................................. Certification Requirement and 2010-012 Davis
Procurement Prohibition
Relating to Iran Sanctions
(Interim).
III................................ Termination for Default 2008-016 Parnell
Reporting.
IV................................. Award-Fee Language Revision.... 2008-008 Chambers
V.................................. Offering a Construction 2009-020 Morgan
Requirement-8(a) Program.
VI................................. Encouraging Contractor Policies 2009-028 Clark
to Ban Text Messaging While
Driving (Interim).
VII................................ Buy American Exemption for 2009-039 Davis
Commercial Information
Technology--Construction
Material (Interim).
----------------------------------------------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR cases, refer to
the specific item number and subject set forth in the documents
following these item summaries.
FAC 2005-46 amends the FAR as specified below:
Item I--Equal Opportunity for Veterans (FAR Case 2009-007) (Interim)
This interim rule with request for comments implements the
Department of Labor's (DoL) Office of Federal Contract Compliance
Programs (OFCCP) final rule published in the Federal Register at 72 FR
44393 on August 8, 2007, that implements amendments to the affirmative
action provisions of the Vietnam Era Veterans' Readjustment Assistance
Act of 1972 (VEVRAA), as amended by the Jobs for Veterans Act (JVA).
The rule re-titles FAR subpart 22.13 from ``Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans'' to ``Equal
Opportunity for Veterans.'' Accordingly, FAR clause 52.222-35 is also
renamed ``Equal Opportunity for Veterans'' and incorporates the new
categories and definitions of protected veterans as established by DoL.
In addition, the FAR clause at 52.222-37, ``Employment Reports on
Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans'' is renamed ``Employment Reports on Veterans'' and
the new DoL requirements for using the VETS-100A report are
incorporated. Lastly, the FAR provision at 52.222-38, ``Compliance with
Veterans' Employment Reporting Requirements,'' is revised to
incorporate new title references for FAR 52.222-37 and the new report
form VETS-100A.
Item II--Certification Requirement and Procurement Prohibition Relating
to Iran Sanctions (FAR Case 2010-012) (Interim)
This interim rule amends the FAR by enhancing efforts to enforce
sanctions with Iran. The rule implements requirements imposed by the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (Pub. L. 111-195), specifically sections 102 and 106. To implement
section 102, the FAR will require certification that each offeror, and
any person owned or controlled by the offeror, does not engage in any
activity for which sanctions may be imposed under section 5 of the Iran
Sanctions Act. This rule also partially implements section 106 of
Public Law 111-195, which imposes a procurement prohibition relating to
contracts with persons that export certain sensitive technology to
Iran. There will be further implementation of Section 106 in FAR Case
2010-018. This rule will have little effect on United States small
business concerns, because such dealings with Iran are already
prohibited in the United States.
Item III--Termination for Default Reporting (FAR Case 2008-016)
This final rule amends the FAR to revise the contractor performance
information process. The FAR revisions include changes to FAR parts 8,
12, 15, 42, and 49. The purpose of the rule is to establish procedures
for contracting officers to provide contractor information into the
Federal Awardee Performance & Integrity Information System (FAPIIS)
module of Past Performance Information System (PPIRS). This case sets
forth requirements for reporting defective cost or pricing data and
terminations for cause or default and any amendments. Evaluation of
past performance information, especially terminations, manages risks
associated with timely, effective and cost efficient completion of
contracts, a key objective of the President's March 4, 2009, Memorandum
on Government Contracting.
Item IV--Award-Fee Language Revision (FAR Case 2008-008)
This final rule converts the interim rule published in the Federal
Register at
[[Page 60249]]
74 FR 52856 on October 14, 2009, to a final rule with minor changes.
This final rule amends the FAR to implement section 814 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 and
section 867 of the Duncan Hunter 2009 National Defense Authorization
Act for Fiscal Year 2009. This rule requires agencies to--
(1) Link award fees to acquisition objectives in the areas of cost,
schedule, and technical performance;
(2) Clarify that a base fee amount greater than zero may be
included in a cost-plus-award-fee type contract at the discretion of
the contracting officer;
(3) Prescribe narrative ratings that will be utilized in award-fee
evaluations;
(4) Prohibit the issuance of award fees for a rating period if the
contractor's performance is judged to be below satisfactory;
(5) Conduct a risk and cost-benefit analysis and consider the
results of the analysis when determining whether to use an incentive-
fee type contract or not;
(6) Include specific content in the award-fee plans; and
(7) Prohibit the rolling over of unearned award fees to subsequent
rating periods.
This FAR change will integrate where appropriate, FAR part 7,
Acquisition Planning, and FAR part 16, Contract Types, to improve
agency use and decision making when using incentive contracts.
Item V--Offering a Construction Requirement--8(a) Program (FAR Case
2009-020)
This final rule amends the FAR to revise FAR subpart 19.8,
Contracting with the Small Business Administration (The 8(a) Program),
specifically FAR 19.804-2(b) to conform to the Small Business
Administration (SBA) regulations. The SBA regulation 13 CFR
124.502(b)(2) requires that the offering letter for an open
construction requirement be submitted to the SBA District Office for
the geographical area where the work is to be performed. The SBA
regulation 13 CFR 124.502(b)(3) requires that the offering letter for a
construction requirement offered on behalf of a specific participant be
submitted to the SBA District Office servicing that concern. This rule
revises FAR 19.804-2 accordingly.
Item VI--Encouraging Contractor Policies To Ban Text Messaging While
Driving (FAR Case 2009-028) (Interim)
This interim rule amends the FAR to implement Executive Order
13513, entitled ``Federal Leadership on Reducing Text Messaging while
Driving,'' which was issued on October 1, 2009 (74 FR 51225, October 6,
2009). Section 4 of the Executive order requires each Federal agency,
in procurement contracts, entered into after the date of the order, to
encourage contractors and subcontractors to adopt and enforce policies
that ban text messaging while driving company-owned or -rented vehicles
or Government-owned vehicles; or privately-owned vehicles when on
official Government business or when performing any work for or on
behalf of the Government. Section 4 also requires Federal agencies to
encourage contractors to conduct initiatives such as establishment of
new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving, and education, awareness, and
other outreach programs to inform employees about the safety risks
associated with texting while driving. This requirement applies to all
solicitations and contracts. Contracting officers are encouraged to
modify existing contracts to include the FAR clause.
Item VII--Buy American Exemption for Commercial Information
Technology--Construction Material (FAR Case 2009-039) (Interim)
This interim rule implements section 615 of Division C, Title VI,
of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117). Section
615 authorizes exemption from the Buy American Act for acquisition of
information technology that is a commercial item.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-24217 Filed 9-28-10; 8:45 am]
BILLING CODE 6820-EP-P
