Federal Acquisition Regulation; Federal Acquisition Circular 2005-48; Introduction, 82566-82567 [2010-32901]
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Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules
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 DOD, GSA, and
NASA in this Federal Acquisition
Circular (FAC) 2005–48. 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 10]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–48;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
The
analyst whose name appears in the table
below in relation to each FAR case.
Please cite FAC 2005–48 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:
For effective dates see separate
documents, which follow.
DATES:
LIST OF RULES IN FAC 2005–48
Item
Subject
I .......
II ......
III .....
IV ....
Repeal of the Small Business Competitiveness Demonstration Program ...........................................................
Personal Identity Verification of Contractor Personnel ........................................................................................
Terminating Contracts ..........................................................................................................................................
Payrolls and Basic Records .................................................................................................................................
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.
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
VerDate Mar<15>2010
18:18 Dec 29, 2010
Jkt 223001
FAR Case
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.
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
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2011–005
2009–027
2009–031
2009–018
Analyst
Morgan.
Jackson.
Parnell.
McFadden.
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.
Dated: December 22, 2010.
Millisa Gary,
Acting Director, Federal Acquisition Policy
Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC)
2005–48 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator for the National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2005–48 is effective December
30, 2010, except for Items I, II, and III
which are effective January 31, 2011.
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30DER4
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules
Dated: December 22, 2010.
Shay D. Assad,
Director, Defense Procurement and
Acquisition Policy.
Dated: December 22, 2010.
Joseph A. Neurauter,
Deputy Associate Administrator and Senior
Procurement Executive, Office of General
Services Acquisition Policy, Integrity, and
Workforce, U.S. General Services
Administration.
Dated: December 21, 2010.
Sheryl J. Goddard,
Acting Assistant Administrator for
Procurement, National Aeronautics and
Space Administration.
[FR Doc. 2010–32901 Filed 12–29–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
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.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 4, 12, 19, 22, 52, and
53
[FAC 2005–48; FAR Case 2011–005; Item
I; Docket 2010–0112, Sequence 1]
RIN 9000–AL87
Federal Acquisition Regulation; Repeal
of the Small Business Competitiveness
Demonstration Program
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
remove FAR coverage of the Small
Business Competitiveness
Demonstration Program, to meet the
requirements of section 1335 of the
Small Business Jobs Act of 2010.
DATES: Effective Date: January 31, 2011.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Karlos Morgan, Procurement Analyst, at
(202) 501–2364. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at (202) 501–4755. Please
cite FAC 2005–48, FAR Case 2011–005.
SUPPLEMENTARY INFORMATION:
emcdonald on DSK2BSOYB1PROD with RULES4
SUMMARY:
I. Background
This final rule amends the FAR to
delete subpart 19.10 to meet the
requirements of section 1335 of the
Small Business Jobs Act of 2010 (Pub.
VerDate Mar<15>2010
18:18 Dec 29, 2010
Jkt 223001
L. 111–240), referred to as the Act.
Section 1335 of the Act amended the
Business Opportunity Development
Reform Act of 1988 (Pub. L. 100–656) by
striking Title VII (15 U.S.C. 644 note),
the Small Business Competitiveness
Demonstration Program. In accordance
with the Act, the repeal of the Small
Business Competitiveness
Demonstration Program became
immediately effective upon the
enactment of the Act and it will apply
to the first full fiscal year after the
September 27, 2010, date of enactment.
This change will remove the policy,
procedures, provisions, clauses, and the
information collection and
recordkeeping requirements associated
with the Small Business
Competitiveness Demonstration
Program, and will update forms deleting
any references to the program.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule. This final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501–3(a) and 41 U.S.C. 418b, and
publication for public comments is not
required.
IV. Paperwork Reduction Act
The final rule removes the
information collection requirements
associated with the Small Business
Competitiveness Demonstration
Program under OMB Clearance 9000–
0100, and does not contain any
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 1, 4, 12,
19, 22, 52, and 53
Government procurement.
Dated: December 22, 2010.
Millisa Gary,
Acting Director, Federal Acquisition Policy
Division.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 1, 4, 12, 19, 22, 52,
and 53 as set forth below:
■ 1. The authority citation for 48 CFR
parts 1, 4, 12, 19, 22, 52, and 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).
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82567
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
1.106
[Amended]
2. Amend section 1.106, in the table
following the introductory paragraph,
by removing FAR segments 52.219–19,
52.219–20, and 52.219–21, and their
corresponding OMB Control Number
9000–0100.
■
PART 4—ADMINISTRATIVE MATTERS
3. Amend section 4.603 by revising
paragraph (b) to read as follows:
■
4.603
Policy.
*
*
*
*
*
(b) Executive agencies shall use FPDS
to maintain publicly available
information about all contract actions
exceeding the micro-purchase
threshold, and any modifications to
those actions that change previously
reported contract action report data,
regardless of dollar value.
*
*
*
*
*
4.606
[Amended]
4. Amend section 4.606 by removing
paragraph (a)(2); and redesignating
paragraphs (a)(3) and (a)(4) as
paragraphs (a)(2) and (a)(3),
respectively.
■
4.1202
[Amended]
5. Amend section 4.1202 by removing
paragraphs (k) and (l); and redesignating
paragraphs (m) through (ee) as
paragraphs (k) through (cc),
respectively.
■
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
12.303
[Amended]
6. Amend section 12.303 by removing
from the end of paragraph (b)(1) ‘‘, or if
set aside for emerging small businesses’’.
■
12.603
[Amended]
7. Amend section 12.603 by removing
the second sentence of paragraph
(c)(2)(iv).
■
PART 19—SMALL BUSINESS
PROGRAMS
19.304
[Amended]
8. Amend section 19.304 by removing
from the first sentence in the
introductory text in paragraph (c)
‘‘52.212–3(c)(9)’’ and adding ‘‘52.212–
3(c)(8)’’ in its place.
■ 9. Amend section 19.502–2 by
revising the last sentence in paragraph
(a); and by removing paragraph (d).
The revised text reads as follows:
■
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]]>Agencies
[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82566-82567]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32901]
[[Page 82565]]
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Part VI
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 Chapter 1; Parts 1, 4, 12, et al.
Federal Acquisition Regulations; Summary Presentation of Rules and
Final Rules
Federal Register / Vol. 75 , No. 250 / Thursday, December 30, 2010 /
Proposed Rules
[[Page 82566]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0076, Sequence 10]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-48; 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 DOD, GSA, and NASA in this Federal Acquisition
Circular (FAC) 2005-48. 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 2005-48 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 2005-48
------------------------------------------------------------------------
Item Subject FAR Case Analyst
------------------------------------------------------------------------
I........... Repeal of the Small 2011-005 Morgan.
Business Competitiveness
Demonstration Program.
II.......... Personal Identity 2009-027 Jackson.
Verification of
Contractor Personnel.
III......... Terminating Contracts.... 2009-031 Parnell.
IV.......... Payrolls and Basic 2009-018 McFadden.
Records.
------------------------------------------------------------------------
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:
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.
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.
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.
Dated: December 22, 2010.
Millisa Gary,
Acting Director, Federal Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-48 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2005-48 is
effective December 30, 2010, except for Items I, II, and III which are
effective January 31, 2011.
[[Page 82567]]
Dated: December 22, 2010.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: December 22, 2010.
Joseph A. Neurauter,
Deputy Associate Administrator and Senior Procurement Executive, Office
of General Services Acquisition Policy, Integrity, and Workforce, U.S.
General Services Administration.
Dated: December 21, 2010.
Sheryl J. Goddard,
Acting Assistant Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 2010-32901 Filed 12-29-10; 8:45 am]
BILLING CODE 6820-EP-P
