Federal Acquisition Regulation; Federal Acquisition Circular 2005-52; Introduction, 31394-31395 [2011-12850]
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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
Summary presentation of final
and interim rules.
ACTION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
This document summarizes
the Federal Acquisition Regulation
(FAR) rules agreed to by DoD, GSA, and
NASA in this Federal Acquisition
Circular (FAC) 2005–52. 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:
48 CFR Chapter 1
[Docket FAR 2011–0076, Sequence 4]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–52;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
For effective dates and comment
dates, see separate documents, which
follow.
DATES:
The
analyst whose name appears in the table
below in relation to each FAR case.
Please cite FAC 2005–52 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:
LIST OF RULES IN FAC 2005–52
Item
Subject
I ................
II ...............
III ..............
IV .............
V ..............
VI .............
Sustainable Acquisition ...............................................................................................................................
Contract Closeout ........................................................................................................................................
Prohibition on Contracting with Inverted Domestic Corporations ...............................................................
Buy American Exemption for Commercial Information Technology—Construction Material ......................
Oversight of Contractor Ethics Programs ....................................................................................................
Technical Amendments.
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 numbers and
subject set forth in the documents
following these item summaries. FAC
2005–52 amends the FAR as specified
below:
srobinson on DSK4SPTVN1PROD with RULES2
Item I—Sustainable Acquisition (FAR
Case 2010–001) (Interim)
This interim rule amends the FAR to
implement Executive Order 13514,
Federal Leadership in Environmental,
Energy, and Economic Performance, and
Executive Order 13423, Strengthening
Federal Environmental, Energy, and
Transportation Management. It requires
Federal agencies to leverage agency
acquisitions to foster markets for
sustainable technologies, materials,
products, and services. Federal agencies
are additionally required to implement
high-performance sustainable building
design, construction, renovation, repair,
commissioning, operation and
maintenance, management, and
deconstruction practices in applicable
acquisitions. Contractors will be
required to support the goals of an
agency’s environmental management
system.
FAR case
2009. This rule revises procedures and
sets forth a timeframe for clearing final
patent reports; updates quick-closeout
procedures, including applicable
thresholds; sets forth a description of an
adequate final indirect cost rate
proposal and supporting data; and adds
language for withholding fees to protect
the Government’s interest and
encourage timely submissions of an
adequate final indirect cost rate
proposal. The rule does not impose any
additional requirements on small
businesses.
Item III—Prohibition on Contracting
With Inverted Domestic Corporations
(FAR Case 2008–009)
This final rule implements section
740 of Division C of the Consolidated
Appropriations Act, 2010 (Pub. L. 111–
117) and similar restrictions in 2008 and
2009 appropriations acts, which
prohibit the award of contracts using
appropriated funds to any foreign
incorporated entity that is treated as an
inverted domestic corporation or to any
subsidiary of one, except as permitted in
specific exceptions as set forth in the
rule. The rule does not impose any
requirements on small businesses.
Item II—Contract Closeout (FAR Case
2008–020)
Item IV—Buy American Exemption for
Commercial Information Technology—
Construction Material (FAR Case 2009–
039)
This final rule amends the FAR
procedures for closing out contracts. A
proposed rule was published August 20,
This rule adopts as final, without
change, an interim rule. The interim
rule amended the FAR to implement
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2010–001
2008–020
2008–009
2009–039
2010–017
Analyst
Clark.
McFadden.
Davis.
Davis.
Robinson.
section 615 of Division C, Title VI, of
the Consolidated Appropriations Act,
2010 (Pub. L. 111–117). Section 615
authorizes exemption from the Buy
American Act for acquisition of
information technology that is a
commercial item.
Item V—Oversight of Contractor Ethics
Programs (FAR Case 2010–017)
This final rule modifies FAR 42.302,
Contract Administration Functions, to
add to the list of contract administration
functions, the function of ensuring that
contractors have implemented FAR
52.203–13, Contractor Code of Business
Ethics and Conduct.
Contracting officers may ask to see a
contractor’s code of ethics or a
contractor’s ethics program, but the
contracting officer is not required to ask
for a copy of any documents.
Item VI—Technical Amendments
Editorial changes are made at FAR
52.212–3, 53.301–1447, 53.301–1449,
and 52.302–347.
Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide
Acquisition Policy.
Federal Acquisition Circular (FAC) 2005–
52 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)
E:\FR\FM\31MYR2.SGM
31MYR2
Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations
and other directive material contained
in FAC 2005–52 is effective May 31,
2011, except for Items II and V which
are effective June 30, 2011.
Dated: May 18, 2011.
Shay D. Assad,
Director, Defense Procurement and
Acquisition Policy.
Dated: May 17, 2011.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Dated: May 17, 2011.
William P. McNally,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. 2011–12850 Filed 5–27–11; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 4, 5, 7, 11, 12, 13,
23, 36, 37, 39, and 52
[FAC 2005–52; FAR Case 2010–001; Item
I; Docket 2010–0001, Sequence 1]
RIN 9000–AL96
Federal Acquisition Regulation;
Sustainable Acquisition
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule.
AGENCY:
DoD, GSA, and NASA are
issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to
implement Executive Order 13514,
Federal Leadership in Environmental,
Energy, and Economic Performance, and
Executive Order 13423, Strengthening
Federal Environmental, Energy, and
Transportation Management. This
interim rule requires Federal agencies to
leverage agency acquisitions to foster
markets for sustainable technologies,
materials, products, and services.
Federal agencies are additionally
required to implement highperformance sustainable building
design, construction, renovation, repair,
commissioning, operation and
maintenance, management, and
deconstruction practices in applicable
acquisitions. Contractors will be
required to support the goals of an
srobinson on DSK4SPTVN1PROD with RULES2
SUMMARY:
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17:35 May 27, 2011
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agency’s environmental management
system.
DATES: Effective Date: May 31, 2011.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
August 1, 2011 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–52, FAR Case
2010–001, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2010–001’’ under
the heading ‘‘Enter Keyword or ID’’ and
selecting ‘‘Search.’’ Select the link
‘‘Submit a Comment’’ that corresponds
with ‘‘FAR Case 2010–001.’’ Follow the
instructions provided at the ‘‘Submit a
Comment’’ screen. Please include your
name, company name (if any), and ‘‘FAR
Case 2010–001’’ on your attached
document.
• Fax: (202) 501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Hada Flowers, 1275
First Street, NE., 7th Floor, Washington,
DC 20417.
Instructions: Please submit comments
only and cite FAC 2005–52, FAR Case
2010–001, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
FOR FURTHER INFORMATION CONTACT: Mr.
William Clark, Procurement Analyst, at
(202) 219–1813, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–52, FAR
Case 2010–001.
SUPPLEMENTARY INFORMATION:
I. Background
In the face of changing environmental
circumstances and our Nation’s
heightened energy demands, the Federal
Government must lead by example to
create a clean energy economy that will
increase prosperity, promote energy
security, protect the interests of
taxpayers, and safeguard the health of
our environment. Executive Order
13514 (E.O. 13514), Federal Leadership
in Environmental, Energy, and
Economic Performance, was signed on
October 5, 2009 (74 FR 52117, October
8, 2009). It requires Federal agencies to
leverage agency acquisitions to foster
markets for sustainable technologies and
materials, products, and services. The
head of each agency shall advance
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31395
sustainable acquisition by ensuring that
95 percent of new contract actions,
including task and delivery orders, for
products and services, with the
exception of acquisition of weapon
systems, are energy-efficient (Energy
Star or Federal Energy Management
Program (FEMP)-designated), waterefficient, biobased, environmentally
preferable (e.g., Electronic Product
Environmental Assessment Tool
(EPEAT)-registered), non-ozone
depleting, contain recycled content, or
are non-toxic or less toxic alternatives,
where such products and services meet
agency performance requirements.
Federal agencies are also required to
design, construct, maintain and operate
high-performance sustainable buildings
in sustainable locations.
Similarly, recognizing the long-term
impact that Federal environmental
management can have on national
health and security, Executive Order
13423 (E.O. 13423), Strengthening
Federal Environmental, Energy, and
Transportation Management, was signed
on January 24, 2007 (72 FR 3919,
January 26, 2007). E.O. 13423
establishes the policy that Federal
agencies shall conduct their
environmental, transportation, and
energy-related activities in an
environmentally, economically, and
fiscally sound, integrated, continuously
improving, efficient, and sustainable
manner.
The authorities throughout the
applicable FAR parts are updated to
include E.O. 13423 and E.O. 13514.
Additionally, authorities throughout the
applicable FAR parts are updated to
delete references to E.O. 13101, E.O.
13123, and E.O. 13148, because the
Executive orders were revoked by E.O.
13423.
Under FAR part 2, the definitions for
‘‘renewable energy’’ and ‘‘United States’’
are revised to reflect the latest
definitions of the terms in E.O. 13514.
A new definition for ‘‘sustainable
acquisition,’’ derived from the definition
of ‘‘sustainable’’ in E.O. 13514, is added
to FAR part 2. The definition of ‘‘water
consumption intensity’’ is also added to
FAR part 2 from E.O. 13514.
FAR part 4 changes include revisions
to the policy for contractor submission
of paper documents to the Government
and updating the general description of
the Federal Procurement Data System
(FPDS). In efforts to reduce or prevent
waste and meet the intent of the
agencies’ requirement to purchase at
least 30 percent postconsumer fiber
content paper as directed in both E.O.
13423 and E.O. 13514, contractors are
required, if not using electronic
commerce methods, to submit paper
E:\FR\FM\31MYR2.SGM
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]]>Agencies
[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Pages 31394-31395]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12850]
[[Page 31393]]
Vol. 76
Tuesday,
No. 104
May 31, 2011
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1
7 CFR Part 319
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Federal Acquisition Regulation; Federal Acquisition Circular 2005-52;
Final Rules
Federal Register / Vol. 76 , No. 104 / Tuesday, May 31, 2011 / Rules
and Regulations
[[Page 31394]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0076, Sequence 4]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-52; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim rules.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by DoD, GSA, and NASA in this Federal Acquisition
Circular (FAC) 2005-52. 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 and comment 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 2005-52 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 2005-52
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I............... Sustainable Acquisition 2010-001 Clark.
II.............. Contract Closeout...... 2008-020 McFadden.
III............. Prohibition on 2008-009 Davis.
Contracting with
Inverted Domestic
Corporations.
IV.............. Buy American Exemption 2009-039 Davis.
for Commercial
Information
Technology--Constructi
on Material.
V............... Oversight of Contractor 2010-017 Robinson.
Ethics Programs.
VI.............. Technical Amendments...
------------------------------------------------------------------------
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 numbers and subject set forth in the documents
following these item summaries. FAC 2005-52 amends the FAR as specified
below:
Item I--Sustainable Acquisition (FAR Case 2010-001) (Interim)
This interim rule amends the FAR to implement Executive Order
13514, Federal Leadership in Environmental, Energy, and Economic
Performance, and Executive Order 13423, Strengthening Federal
Environmental, Energy, and Transportation Management. It requires
Federal agencies to leverage agency acquisitions to foster markets for
sustainable technologies, materials, products, and services. Federal
agencies are additionally required to implement high-performance
sustainable building design, construction, renovation, repair,
commissioning, operation and maintenance, management, and
deconstruction practices in applicable acquisitions. Contractors will
be required to support the goals of an agency's environmental
management system.
Item II--Contract Closeout (FAR Case 2008-020)
This final rule amends the FAR procedures for closing out
contracts. A proposed rule was published August 20, 2009. This rule
revises procedures and sets forth a timeframe for clearing final patent
reports; updates quick-closeout procedures, including applicable
thresholds; sets forth a description of an adequate final indirect cost
rate proposal and supporting data; and adds language for withholding
fees to protect the Government's interest and encourage timely
submissions of an adequate final indirect cost rate proposal. The rule
does not impose any additional requirements on small businesses.
Item III--Prohibition on Contracting With Inverted Domestic
Corporations (FAR Case 2008-009)
This final rule implements section 740 of Division C of the
Consolidated Appropriations Act, 2010 (Pub. L. 111-117) and similar
restrictions in 2008 and 2009 appropriations acts, which prohibit the
award of contracts using appropriated funds to any foreign incorporated
entity that is treated as an inverted domestic corporation or to any
subsidiary of one, except as permitted in specific exceptions as set
forth in the rule. The rule does not impose any requirements on small
businesses.
Item IV--Buy American Exemption for Commercial Information Technology--
Construction Material (FAR Case 2009-039)
This rule adopts as final, without change, an interim rule. The
interim rule amended the FAR to implement section 615 of Division C,
Title VI, of the Consolidated Appropriations Act, 2010 (Pub. L. 111-
117). Section 615 authorizes exemption from the Buy American Act for
acquisition of information technology that is a commercial item.
Item V--Oversight of Contractor Ethics Programs (FAR Case 2010-017)
This final rule modifies FAR 42.302, Contract Administration
Functions, to add to the list of contract administration functions, the
function of ensuring that contractors have implemented FAR 52.203-13,
Contractor Code of Business Ethics and Conduct.
Contracting officers may ask to see a contractor's code of ethics
or a contractor's ethics program, but the contracting officer is not
required to ask for a copy of any documents.
Item VI--Technical Amendments
Editorial changes are made at FAR 52.212-3, 53.301-1447, 53.301-
1449, and 52.302-347.
Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
Federal Acquisition Circular (FAC) 2005-52 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)
[[Page 31395]]
and other directive material contained in FAC 2005-52 is effective May
31, 2011, except for Items II and V which are effective June 30, 2011.
Dated: May 18, 2011.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: May 17, 2011.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: May 17, 2011.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2011-12850 Filed 5-27-11; 8:45 am]
BILLING CODE 6820-EP-P
