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