Federal Acquisition Regulation; Terminating Contracts, 82576-82577 [2010-32893]

Download as PDF 82576 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules hold final payment until the noncompliance has been resolved. III. Executive Order 12866 This is not a significant regulatory action and, therefore, is 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. IV. 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 requirements of the actions required and the clause are not significantly burdensome. Currently, it is a common business practice to have procedures in place to revoke and return PIV cards when no longer in use by the contractor. V. 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. List of Subjects in 48 CFR Parts 4 and 52 Government procurement. Dated: December 22, 2010. Millisa Gary, Acting Director, Federal Acquisition Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR parts 4 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 4 and 52 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). PART 4–ADMINISTRATIVE MATTERS 2. Amend section 4.1301 by adding paragraph (d) to read as follows: ■ 4.1301 Policy. emcdonald on DSK2BSOYB1PROD with RULES4 * * * * * (d)(1) Agency procedures for the return of Personal Identity Verification (PIV) products shall ensure that Government contractors account for all forms of Government-provided identification issued to Government contractor employees under a contract, i.e., the PIV cards or other similar badges, and shall ensure that contractors return such identification to the issuing agency as soon as any of the following VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 occurs, unless otherwise determined by the agency: (i) When no longer needed for contract performance. (ii) Upon completion of a contractor employee’s employment. (iii) Upon contract completion or termination. (2) The contracting officer may delay final payment under a contract if the contractor fails to comply with these requirements. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.204–9 by revising the date of the clause; redesignating paragraph (b) as paragraph (d); adding a new paragraph (b); adding paragraph (c); and revising newly redesignated paragraph (d) to read as follows: ■ 52.204–9 Personal Identity Verification of Contractor Personnel. * * * * * Personal Identity Verification of Contractor Personnel (JAN 2011) * * * * * (b) The Contractor shall account for all forms of Government-provided identification issued to the Contractor employees in connection with performance under this contract. The Contractor shall return such identification to the issuing agency at the earliest of any of the following, unless otherwise determined by the Government: (1) When no longer needed for contract performance. (2) Upon completion of the Contractor employee’s employment. (3) Upon contract completion or termination. (c) The Contracting Officer may delay final payment under a contract if the Contractor fails to comply with these requirements. (d) The Contractor shall insert the substance of this clause, including this paragraph (d), in all subcontracts when the subcontractor‘s employees are required to have routine physical access to a Federallycontrolled facility and/or routine access to a Federally-controlled information system. It shall be the responsibility of the prime Contractor to return such identification to the issuing agency in accordance with the terms set forth in paragraph (b) of this section, unless otherwise approved in writing by the Contracting Officer. (End of Clause) [FR Doc. 2010–32895 Filed 12–29–10; 8:45 am] BILLING CODE 6820–EP–P PO 00000 Frm 00012 Fmt 4701 Sfmt 4700 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 49 [FAC 2005–48; FAR Case 2009–031; Item III; Docket 2010–0090, Sequence 1] RIN 9000–AL56 Federal Acquisition Regulation; Terminating Contracts Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to clarify the applicability of procedures regarding the termination of contracts to the acquisition of commercial items. DATES: Effective Date: January 31, 2011. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Ms. Jeritta Parnell, at (202) 501–4082. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–48, FAR Case 2009–031. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA published a proposed rule with request for comments in the Federal Register on May 20, 2010 (75 FR 28228). This rule clarifies that FAR part 49, Termination of Contracts, does not apply to the acquisition of commercial items when using FAR part 12 procedures. Discussion of Public Comments One respondent provided two comments. A discussion of the comments and the changes made to the proposed rule are summarized as follows: 1. Comment: The respondent recommended clarifying the coverage at FAR 49.501 by moving the existing language to FAR 49.002. This language clarifies that FAR part 49 does not apply to commercial item contracts awarded using FAR part 12 procedures. Response: The Defense Acquisition Regulation Council and the Civilian Agency Acquisition Council (Councils) agree. The language at FAR 49.501, pertaining to the applicability of FAR part 49 to commercial item contracts has E:\FR\FM\30DER4.SGM 30DER4 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

Agencies

[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82576-82577]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32893]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 49

[FAC 2005-48; FAR Case 2009-031; Item III; Docket 2010-0090, Sequence 
1]
RIN 9000-AL56


Federal Acquisition Regulation; Terminating Contracts

AGENCY: 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 clarify the applicability of 
procedures regarding the termination of contracts to the acquisition of 
commercial items.

DATES: Effective Date: January 31, 2011.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Ms. Jeritta Parnell, at (202) 501-4082. For information pertaining to 
status or publication schedules, contact the Regulatory Secretariat at 
(202) 501-4755. Please cite FAC 2005-48, FAR Case 2009-031.

SUPPLEMENTARY INFORMATION: 

I. Background

    DoD, GSA, and NASA published a proposed rule with request for 
comments in the Federal Register on May 20, 2010 (75 FR 28228). This 
rule clarifies that FAR part 49, Termination of Contracts, does not 
apply to the acquisition of commercial items when using FAR part 12 
procedures.

Discussion of Public Comments

    One respondent provided two comments. A discussion of the comments 
and the changes made to the proposed rule are summarized as follows:
    1. Comment: The respondent recommended clarifying the coverage at 
FAR 49.501 by moving the existing language to FAR 49.002. This language 
clarifies that FAR part 49 does not apply to commercial item contracts 
awarded using FAR part 12 procedures.
    Response: The Defense Acquisition Regulation Council and the 
Civilian Agency Acquisition Council (Councils) agree. The language at 
FAR 49.501, pertaining to the applicability of FAR part 49 to 
commercial item contracts has

[[Page 82577]]

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.

0
Therefore, DoD, GSA, and NASA amend 48 CFR part 49 as set forth below:

PART 49--TERMINATION OF CONTRACTS

0
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).

0
2. Amend section 49.002 by revising paragraph (a) to read as follows:


49.002  Applicability.

    (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.
* * * * *

0
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