Federal Acquisition Regulation; Payrolls and Basic Records, 82577-82581 [2010-32892]
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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:
■
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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.
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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
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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).
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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules
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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 https://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.
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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.
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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.
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]]>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]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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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