Federal Acquisition Regulation; Payrolls and Basic Records, 82577-82581 [2010-32892]

Download as PDF Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules been relocated to FAR 49.002. FAR 49.002(a) is reformatted by adding ‘‘(1)’’ to existing language for sequencing. Additionally, new language was added in (a)(2) to clarify that FAR part 49 does not apply to the acquisition of commercial items when using procedures at FAR part 12. 2. Comment: The respondent recommends simplifying FAR 49.502(a) by removing and relocating the reference to the exceptions for FAR 52.212–4 and 52.213–4 to FAR 49.002. Response: The Councils agree. The language pertaining to FAR 52.212–4 was relocated to FAR 49.002 as addressed under the first comment. Reference to FAR 52.213–4 remains in FAR 49.501. II. Executive Order 12866 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 is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act DOD, GSA, and NASA 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 does not impose any additional requirements on small entities. The rule merely clarifies that FAR part 49 does not apply to the acquisition of commercial items when using procedures in FAR part 12. IV. 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 Part 49 Government procurement. Dated: December 22, 2010. Millisa Gary, Acting Director, Federal Acquisition Policy Division. 49.002 Applicability. DATES: (a)(1) This part applies to contracts that provide for termination for the convenience of the Government or for the default of the contractor (see also 12.403 and 13.302–4). (2) This part does not apply to commercial item contracts awarded using part 12 procedures. See 12.403 for termination policies for contracts for the acquisition of commercial items. However, for contracts for the acquisition of commercial items, this part provides administrative guidance which may be followed unless it is inconsistent with the requirements and procedures in 12.403, Termination, and the clause at 52.212–4, Contract Terms and Conditions—Commercial Items. * * * * * ■ 3. Revise section 49.501 to read as follows: 49.501 General. This subpart prescribes the principal contract termination clauses. This subpart does not apply to contracts that use the clause at 52.213–4, Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items). In appropriate cases, agencies may authorize the use of special purpose clauses, if consistent with this chapter. [FR Doc. 2010–32893 Filed 12–29–10; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 52 and 53 [FAC 2005–48; FAR Case 2009–018; Item IV; Docket 2010–0082, Sequence 1] Federal Acquisition Regulation; Payrolls and Basic Records PART 49—TERMINATION OF CONTRACTS SUMMARY: emcdonald on DSK2BSOYB1PROD with RULES4 1. The authority citation for 48 CFR part 49 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). 2. Amend section 49.002 by revising paragraph (a) to read as follows: ■ VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 For clarification of content, contact Ms. Clare McFadden, Procurement Analyst, at (202) 501–0044. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–48, FAR Case 2009–018. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 75 FR 34286 on June 16, 2010. The interim rule implemented changes from the Department of Labor’s (DOL’s) final rule, Protecting the Privacy of Workers: Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction, published in the Federal Register at 73 FR 77504 on December 19, 2008, that removed the requirement to submit complete social security numbers and home addresses of individual workers in weekly payroll submissions. DOL concluded that such disclosure of personal information from the prime contractor was unnecessary and created an increased risk of privacy violations. The public comment period closed on August 16, 2010. No comments were received and, as a result, DoD, GSA, and NASA have determined to adopt the interim rule as final with a minor change to add a DOL updated form WH– 347 found at FAR 53.303–WH–347. 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. III. Regulatory Flexibility Act RIN 9000–AL53 Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. ■ Effective Date: December 30, 2010. II. Executive Order 12866 Therefore, DoD, GSA, and NASA amend 48 CFR part 49 as set forth below: ■ 82577 AGENCY: DoD, GSA, and NASA have adopted as final, with one change, the interim rule amending the Federal Acquisition Regulation (FAR) to revise the FAR clause, Payrolls and Basic Records. This revision implements a Department of Labor rule that protects the privacy of workers. PO 00000 Frm 00013 Fmt 4701 Sfmt 4700 DoD, GSA, and NASA 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 this rule provides relief for contractors from submitting more personal information than is necessary in the weekly payroll submissions and will not impose any measurable costs on contractors. IV. Paperwork Reduction Act The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; however, these changes to the FAR do not impose additional information collection requirements to the paperwork burden E:\FR\FM\30DER4.SGM 30DER4 82578 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules previously approved under OMB Control Number 1215–0149, DavisBacon Certified Payroll, assigned to the DOL. List of Subjects in 48 CFR Parts 52 and 53 Government procurement. Dated: December 22, 2010. PART 53—FORMS Millisa Gary, Acting Director, Federal Acquisition Policy Division. Accordingly, the interim rule published in the Federal Register at 75 FR 34286 on June 16, 2010, is adopted as a final rule with the following change: ■ 1. The authority citation for 48 CFR part 53 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). 2. Amend section 53.303–WH–347 by revising the form to read as follows: ■ 53.303–WH–347 Department of Labor Form WH–347, Payroll (For Contractor’s Optional Use). emcdonald on DSK2BSOYB1PROD with RULES4 BILLING CODE 6820–EP–P VerDate Mar<15>2010 20:43 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00014 Fmt 4701 Sfmt 4700 E:\FR\FM\30DER4.SGM 30DER4 VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00015 Fmt 4701 Sfmt 4725 E:\FR\FM\30DER4.SGM 30DER4 82579 ER30DE10.021</GPH> emcdonald on DSK2BSOYB1PROD with RULES4 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules VerDate Mar<15>2010 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 18:18 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00016 Fmt 4701 Sfmt 9990 E:\FR\FM\30DER4.SGM 30DER4 ER30DE10.022</GPH> emcdonald on DSK2BSOYB1PROD with RULES4 82580 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules and National Aeronautics and Space Administration (NASA). [FR Doc. 2010–32892 Filed 12–29–10; 8:45 am] BILLING CODE 6820–EP–C ACTION: DEPARTMENT OF DEFENSE Small Entity Compliance Guide. This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005–48, which amend the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2005–48, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. SUMMARY: GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2010–0077, Sequence 10] Federal Acquisition Regulation; Federal Acquisition Circular 2005–48; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), AGENCY: 82581 For effective dates see separate documents, which follow. DATES: The analyst whose name appears in the table below. Please cite FAC 2005–48 and the specific FAR case number. 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 2005–48 Item Subject I ...................................................................... Repeal of the Small Business Competitiveness Demonstration Program. Personal Identity Verification of Contractor Personnel ..................... Terminating Contracts ....................................................................... Payrolls and Basic Records .............................................................. II ..................................................................... III .................................................................... IV ................................................................... 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 2005–48 amends the FAR as specified below: emcdonald on DSK2BSOYB1PROD with RULES4 Item I—Repeal of the Small Business Competitiveness Demonstration Program (FAR Case 2011–005) This final rule amends the FAR to remove FAR subpart 19.10, Small Business Competitiveness Demonstration Program. This change is necessary to address the requirements of section 1335 of the Small Business Jobs Act of 2010 (Pub. L. 111–240) which repealed the Small Business Competitiveness Demonstration Program. This final rule also removes the following clauses: FAR 52.219–19, Small Business Concern Representation for the Small Business Competitiveness Demonstration Program; FAR 52.219– 20, Notice of Emerging Small Business Set-Aside; and FAR 52.219–21, Small Business Size Representation for Targeted Industry Categories under the Small Business Competitiveness Demonstration Program. VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 FAR Case Item II—Personal Identity Verification of Contractor Personnel (FAR Case 2009–027) This final rule amends the FAR to provide additional regulatory coverage in subpart 4.13 and in FAR clause 52.204–9 to reinforce the requirement of collecting from contractors all forms of Government-provided identification once they are no longer needed to support a contract. The contracting officer may delay final payment under a contract if the contractor fails to comply with these requirements. Item III—Terminating Contracts (FAR Case 2009–031) This final rule amends the FAR to clarify procedures regarding the applicability of FAR part 49, Termination of Contracts, to commercial item contracts. Minor changes are made to the proposed rule published in the Federal Register at 75 FR 28228 on May 20, 2010. The rule specifically impacts contracting officers and contractors by clarifying that FAR part 49 does not apply to the acquisition of commercial items when using procedures at FAR part 12. The rule does not have a significant economic impact on small entities because the rule does not impose any additional requirements on small businesses. PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 Analyst 2011–005 Morgan. 2009–027 2009–031 2009–018 Jackson. Parnell. McFadden. Item IV—Payrolls and Basic Records (FAR Case 2009–018) This rule adopts as final, with a minor change, the interim rule published in the Federal Register at 75 FR 34286 on June 16, 2010. The interim rule amended the FAR at 52.222–8, Payrolls and Basic Records to delete the requirement for submission of full social security numbers and home addresses of individual workers on weekly payroll transmittals by prime contractors. The rule requires contractors and subcontractors to maintain the full social security number and current address of each covered worker, and provide them upon request to the contracting officer, the contractor, or the Wage and Hour Division of the Department of Labor for purposes of an investigation or audit of compliance with prevailing wage requirements. The rule recognizes the Department of Labor’s finding that complete social security numbers and home addresses for individual workers are personal information to the worker and that any unnecessary disclosure and submittal of such information creates an exposure to identity theft and the invasion of privacy for workers. E:\FR\FM\30DER4.SGM 30DER4

Agencies

[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82577-82581]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32892]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 52 and 53

[FAC 2005-48; FAR Case 2009-018; Item IV; Docket 2010-0082, Sequence 1]
RIN 9000-AL53


Federal Acquisition Regulation; Payrolls and Basic Records

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA have adopted as final, with one change, the 
interim rule amending the Federal Acquisition Regulation (FAR) to 
revise the FAR clause, Payrolls and Basic Records. This revision 
implements a Department of Labor rule that protects the privacy of 
workers.

DATES: Effective Date: December 30, 2010.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Clare McFadden, Procurement Analyst, at (202) 501-0044. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-48, FAR 
Case 2009-018.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 75 FR 34286 on June 16, 2010. The interim rule implemented 
changes from the Department of Labor's (DOL's) final rule, Protecting 
the Privacy of Workers: Labor Standards Provisions Applicable to 
Contracts Covering Federally Financed and Assisted Construction, 
published in the Federal Register at 73 FR 77504 on December 19, 2008, 
that removed the requirement to submit complete social security numbers 
and home addresses of individual workers in weekly payroll submissions. 
DOL concluded that such disclosure of personal information from the 
prime contractor was unnecessary and created an increased risk of 
privacy violations. The public comment period closed on August 16, 
2010. No comments were received and, as a result, DoD, GSA, and NASA 
have determined to adopt the interim rule as final with a minor change 
to add a DOL updated form WH-347 found at FAR 53.303-WH-347.

II. Executive Order 12866

    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.

III. Regulatory Flexibility Act

    DoD, GSA, and NASA 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 this rule provides relief for contractors from submitting 
more personal information than is necessary in the weekly payroll 
submissions and will not impose any measurable costs on contractors.

IV. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply; 
however, these changes to the FAR do not impose additional information 
collection requirements to the paperwork burden

[[Page 82578]]

previously approved under OMB Control Number 1215-0149, Davis-Bacon 
Certified Payroll, assigned to the DOL.

List of Subjects in 48 CFR Parts 52 and 53

    Government procurement.

    Dated: December 22, 2010.
Millisa Gary,
Acting Director, Federal Acquisition Policy Division.

0
Accordingly, the interim rule published in the Federal Register at 75 
FR 34286 on June 16, 2010, is adopted as a final rule with the 
following change:

PART 53--FORMS

0
1. The authority citation for 48 CFR part 53 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 53.303-WH-347 by revising the form to read as follows:


53.303-WH-347  Department of Labor Form WH-347, Payroll (For 
Contractor's Optional Use).

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[FR Doc. 2010-32892 Filed 12-29-10; 8:45 am]
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