Federal Acquisition Regulation; Terminating Contracts, 82576-82577 [2010-32893]
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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
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(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
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18:18 Dec 29, 2010
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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.
*
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*
Personal Identity Verification of
Contractor Personnel (JAN 2011)
*
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(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]
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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
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
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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.
PO 00000
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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]
-----------------------------------------------------------------------
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
