Federal Acquisition Regulation; Oversight of Contractor Ethics Programs, 31416 [2011-12855]

Download as PDF 31416 Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Rules and Regulations approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is a significant regulatory action and, therefore, was subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 42 [FAC 2005–52; FAR Case 2010–017; Item V; Docket 2010–0017, Sequence 1] RIN 9000–AL92 Federal Acquisition Regulation; Oversight of Contractor Ethics Programs III. Regulatory Flexibility Act 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 add to the list of contract administration functions, the function to ensure that contractors have implemented the mandatory contractor business ethics program requirements. DATES: Effective Date: June 30, 2011. FOR FURTHER INFORMATION CONTACT: Mr. Anthony Robinson, Procurement Analyst, at (202) 501–2658, 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 2010–017. SUPPLEMENTARY INFORMATION: SUMMARY: srobinson on DSK4SPTVN1PROD with RULES2 I. Background This final rule amends the FAR in response to recommendations from the Government Accountability Office (GAO) Report GAO–09–591, Defense Contracting Integrity—Opportunities Exist to Improve DoD’s Oversight of Contractor Ethics Programs. The ethics program requirement flows from FAR 52.203–13, Contractor Code of Business Ethics and Conduct. This final rule modifies FAR 42.302, Contract Administration Functions, to add to the list of contract administration functions, the function to ensure that contractors have implemented the mandatory contractor business ethics program requirements of FAR 52.203– 13. II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory VerDate Mar<15>2010 17:35 May 27, 2011 Jkt 223001 The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant FAR revision within the meaning of FAR 1.501–1 and 41 U.S.C. 1707. However, DoD, GSA, and NASA will consider comments from small entities concerning the affected FAR part in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C. 610, et seq. (FAC 2005–52, FAR Case 2010– 017) in correspondence. 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 42 Government procurement. Dated: May 18, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 42 as set forth below: PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICES 52.203–13, Contractor Code of Business Ethics and Conduct. * * * * * [FR Doc. 2011–12855 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 52 and 53 [FAC 2005–52; Item VI; Docket 2011–0078; Sequence 2] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: This document makes amendments to the Federal Acquisition Regulation in order to make editorial changes. SUMMARY: Effective Date: May 31, 2011. The Regulatory Secretariat, 1275 First Street, NE., 7th Floor, Washington, DC 20417, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–52, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 52 and 53, this document makes editorial changes to the Federal Acquisition Regulation. DATES: FOR FURTHER INFORMATION CONTACT: List of Subjects in 48 CFR Parts 52 and 53 Government procurement. Dated: May 18, 2011. Millisa Gary, Acting Director, Office of Governmentwide Acquisition Policy. Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). Therefore, DoD, GSA, and NASA amend 48 CFR parts 52 and 53 as set forth below: ■ 1. The authority citation for 48 CFR parts 52 and 53 continues to read as follows: 2. Amend section 42.302 by adding paragraph (a)(71) to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 42.302 PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR part 42 continues to read as follows: ■ ■ Contract administration functions. (a) * * * (71) Ensure that the contractor has implemented the requirements of PO 00000 Frm 00024 Fmt 4701 Sfmt 4700 52.212–3 ■ [Amended] 2. Amend section 52.212–3 by— E:\FR\FM\31MYR2.SGM 31MYR2

Agencies

[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Rules and Regulations]
[Page 31416]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12855]



[[Page 31416]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 42

[FAC 2005-52; FAR Case 2010-017; Item V; Docket 2010-0017, Sequence 1]
RIN 9000-AL92


Federal Acquisition Regulation; Oversight of Contractor Ethics 
Programs

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 add to the list of contract 
administration functions, the function to ensure that contractors have 
implemented the mandatory contractor business ethics program 
requirements.

DATES: Effective Date: June 30, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Anthony Robinson, Procurement 
Analyst, at (202) 501-2658, 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 2010-017.

SUPPLEMENTARY INFORMATION: 

I. Background

    This final rule amends the FAR in response to recommendations from 
the Government Accountability Office (GAO) Report GAO-09-591, Defense 
Contracting Integrity--Opportunities Exist to Improve DoD's Oversight 
of Contractor Ethics Programs. The ethics program requirement flows 
from FAR 52.203-13, Contractor Code of Business Ethics and Conduct.
    This final rule modifies FAR 42.302, Contract Administration 
Functions, to add to the list of contract administration functions, the 
function to ensure that contractors have implemented the mandatory 
contractor business ethics program requirements of FAR 52.203-13.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is a significant regulatory action and, therefore, was subject to 
review under section 6(b) of E.O. 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

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant FAR revision within 
the meaning of FAR 1.501-1 and 41 U.S.C. 1707. However, DoD, GSA, and 
NASA will consider comments from small entities concerning the affected 
FAR part in accordance with 5 U.S.C. 610. Interested parties must 
submit such comments separately and should cite 5 U.S.C. 610, et seq. 
(FAC 2005-52, FAR Case 2010-017) in correspondence.

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 42

    Government procurement.

    Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 42 as set forth 
below:

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES

0
1. The authority citation for 48 CFR part 42 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 42.302 by adding paragraph (a)(71) to read as follows:


42.302   Contract administration functions.

    (a) * * *
    (71) Ensure that the contractor has implemented the requirements of 
52.203-13, Contractor Code of Business Ethics and Conduct.
* * * * *
[FR Doc. 2011-12855 Filed 5-27-11; 8:45 am]
BILLING CODE 6820-EP-P