Federal Acquisition Regulation; Federal Acquisition Circular 2005-53; Introduction, 39232-39233 [2011-16671]
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Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 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) 2005–53. 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 5]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–53;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCIES:
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 2005–53 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:
SUPPLEMENTARY INFORMATION:
LIST OF RULES IN FAC 2005–53
Item
Subject
I .........
II ........
III .......
IV .......
V ........
VI .......
Equal Opportunity for Veterans .....................................................................................................................
Unique Procurement Instrument Identifier ....................................................................................................
Uniform Suspension and Debarment Requirement ......................................................................................
Extension of Sunset Date for Protests of Task and Delivery Orders (Interim) ............................................
Encouraging Contractor Policies to Ban Text Messaging While Driving ......................................................
TINA Interest Calculations .............................................................................................................................
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
2005–53 amends the FAR as specified
below:
Item I—Equal Opportunity for Veterans
(FAR Case 2009–007)
The interim rule, published
September 29, 2010, is adopted as final
with minor changes. A definition from
the clause at FAR 52.222–35 for
‘‘executive and senior management’’ is
added to FAR subpart 22.13. The
interim rule implemented Department
of Labor regulations on equal
opportunity provisions for various
categories of military veterans.
mstockstill on DSK4VPTVN1PROD with RULES2
Item II—Unique Procurement
Instrument Identifier (FAR Case 2009–
023)
This final rule amends the FAR to
define the requirement for an agency
unique procurement instrument
identifier (PIID) and, to extend the
requirement for using PIIDs to
solicitations, contracts, and related
procurement instruments.
This final rule adds two new
definitions at 4.001, revises 4.605(a),
and adds a new FAR subpart 4.16—
Unique Procurement Instrument
Identifiers, to prescribe policies and
procedures for assigning PIIDs. The
Government expects that these changes
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20:17 Jul 01, 2011
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FAR case
will reduce data errors and
interoperability problems across the
Federal Government’s business
processes which were created by
inconsistent and non-unique PIID
assignment and use. These changes will
not impose new requirements on small
businesses, as the rule only addresses
internal Government policy and
procedures.
Item III—Uniform Suspension and
Debarment Requirement (FAR Case
2009–036)
This rule adopts as final, with minor
changes, an interim rule which
implemented section 815 of the
National Defense Authorization Act for
Fiscal Year 2010, Public Law 111–84.
The law requires that suspension and
debarment requirements flow down to
all subcontracts except contracts for
commercially available off-the-shelf
items, and in the case of commercial
items, first-tier subcontracts only.
This requirement protects the
Government against contracting with
entities at any tier who are debarred,
suspended, or proposed for debarment.
This rule does not have a significant
impact on the Government, contractors,
or any automated systems.
Item IV—Extension of Sunset Date for
Protests of Task and Delivery Orders
(FAR Case 2011–015) (Interim)
This interim rule amends the FAR to
implement section 825 of the Ike
Skelton National Defense Authorization
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
2009–007
2009–023
2009–036
2011–015
2009–028
2009–034
Analyst
McFadden.
Morgan.
Jackson.
Lague.
Clark.
Chambers.
Act for Fiscal Year 2011 (Pub. L. 111–
383). Section 825 extends the sunset
date for protests against awards of task
or delivery orders by DoD, NASA, and
the Coast Guard from May 27, 2011 to
September 30, 2016. The sunset date for
protests against the award of task or
delivery orders by other Federal
agencies remains May 27, 2011. With
this change, contractors will no longer
be able to protest task or delivery orders
awarded by agencies other than DoD,
NASA, and the Coast Guard. There is no
effect on Government automated
systems.
Item V—Encouraging Contractor
Policies To Ban Text Messaging While
Driving (FAR Case 2009–028)
This final rule adopts, with changes,
the interim rule published in the
Federal Register at 75 FR 60264 on
September 29, 2010, to implement
Executive Order 13513 (October 1,
2009), published in the Federal Register
at 74 FR 51225 on October 6, 2009,
entitled ‘‘Federal Leadership on
Reducing Text Messaging while
Driving.’’ This final rule revises FAR
clause 52.223–18 to encourage the
adoption and enforcement of policies
that ban text messaging while driving
company-owned or -rented vehicles or
Government-owned vehicles; or
privately-owned vehicles when on
official Government business or when
performing any work for or on behalf of
the Government. The final rule also
revises the language in the clause to
E:\FR\FM\05JYR2.SGM
05JYR2
Federal Register / Vol. 76, No. 128 / Tuesday, July 5, 2011 / Rules and Regulations
encourage contractors to conduct
initiatives such as: (1) Establishment of
new rules and programs or re-evaluation
of existing programs to prohibit text
messaging while driving, and (2)
education, awareness, and other
outreach programs to inform employees
about the safety risks associated with
texting while driving. This requirement
applies to all solicitations and contracts.
Item VI—TINA Interest Calculations
(FAR Case 2009–034)
Dated: June 28, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy.
Federal Acquisition Circular (FAC)
2005–53 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 2005–53 is effective July 5, 2011,
except for Items I, II, III, V and VI which
are effective August 4, 2011.
Dated: June 27, 2011.
Richard Ginman,
Director, Defense Procurement and
Acquisition Policy.
Dated: June 28, 2011.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
[FR Doc. 2011–16671 Filed 7–1–11; 8:45 am]
mstockstill on DSK4VPTVN1PROD with RULES2
BILLING CODE 6820–EP–P
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 22, and 52
[FAC 2005–53; FAR Case 2009–007; Item
I; Docket 2010–0101, Sequence 1]
RIN 9000–AL67
DoD, GSA, and NASA are publishing
a final rule amending the FAR to revise
the clauses at FAR 52.214–27, FAR
52.215–10, and FAR 52.215–11 to
require compound interest calculations
be applied to Government overpayments
as a result of defective cost or pricing
data.
Dated: June 22, 2011.
William P. McNally,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
DEPARTMENT OF DEFENSE
Federal Acquisition Regulation; Equal
Opportunity for Veterans
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
DoD, GSA, and NASA have
adopted as final, with changes, an
interim rule amending the Federal
Acquisition Regulation (FAR) to
implement Department of Labor (DOL)
regulations on equal opportunity
provisions for various categories of
military veterans. The interim rule
revised coverage and definitions of
veterans covered under the Vietnam Era
Veterans’ Readjustment Assistance Act
of 1972 and included new reporting
requirements established under that Act
and the Jobs for Veterans Act.
DATES: Effective Date: August 4, 2011.
FOR FURTHER INFORMATION CONTACT: Ms.
Clare McFadden, Procurement Analyst,
at (202) 501–0044, for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–53, FAR
Case 2009–007.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
75 FR 60249 on September 29, 2010, to
implement DOL regulations on equal
opportunity provisions for various
categories of military veterans. The
interim rule revised coverage and
definitions of veterans covered under
the Vietnam Era Veterans’ Readjustment
Assistance Act of 1972 and included
new reporting requirements established
under that Act and the Jobs for Veterans
Act. The comment period closed
November 29, 2010. One respondent
submitted comments in response to the
interim rule.
II. Discussion and Analysis of Public
Comments
The Civilian Agency Acquisition
Council and the Defense Acquisition
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39233
Regulations Council (the Councils)
reviewed the comments in development
of the final rule. A discussion of the
comments and the changes made to the
rule as a result of those comments are
provided as follows:
A. Definitions
Comment: The respondent
recommended inclusion of the
definition of ‘‘Executive and Senior
Management,’’ as defined in the FAR
clause 52.222–35, Equal Opportunity for
Veterans, in the definitions section of
FAR subpart 22.13.
Response: The Councils have added
the definition to FAR 22.1301.
Comment: The respondent
recommended a change to the definition
of the term ‘‘other protected veteran.’’
Response: The FAR rule is
implementing the DOL rule and does
not have the latitude to expand the
meaning of the DOL definition. (See the
August 8, 2007, final rule of the Office
of Federal Contract Compliance
Programs, Department of Labor, 60–
300.2 (p), 72 FR 44393.)
B. Delete References to the VETS–100
Form
Comment: The respondent
recommends deleting all references to
the VETS–100 Form and the date of
December 1, 2003, to allow contractors
to submit all reports on the VETS–100A
Form.
Response: While understanding the
rationale for the recommendation, the
Councils are again bound by the DOL
rule.
C. Date of FAR Clause 52.244–6
Comment: The respondent
recommended that the FAR clause
52.244–6 date should be updated to
reflect the OCT 2010 change made to the
clause subsequent to the interim rule.
Response: When an interim rule is
finalized, the final rule automatically
retains any intervening changes to the
FAR baseline, such as clause dates. No
further change is required.
III. 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
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]]>Agencies
[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Rules and Regulations]
[Pages 39232-39233]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16671]
[[Page 39231]]
Vol. 76
Tuesday,
No. 128
July 5, 2011
Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1
Federal Acquisition Regulation; Final Rules
Federal Register / Vol. 76 , No. 128 / Tuesday, July 5, 2011 / Rules
and Regulations
[[Page 39232]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0076, Sequence 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-53; Introduction
AGENCIES: 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) 2005-53. 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 2005-53 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.
SUPPLEMENTARY INFORMATION:
List of Rules in FAC 2005-53
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I........... Equal Opportunity for 2009-007 McFadden.
Veterans.
II.......... Unique Procurement 2009-023 Morgan.
Instrument Identifier.
III......... Uniform Suspension and 2009-036 Jackson.
Debarment Requirement.
IV.......... Extension of Sunset Date 2011-015 Lague.
for Protests of Task
and Delivery Orders
(Interim).
V........... Encouraging Contractor 2009-028 Clark.
Policies to Ban Text
Messaging While Driving.
VI.......... TINA Interest 2009-034 Chambers.
Calculations.
------------------------------------------------------------------------
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 2005-53 amends the FAR as specified below:
Item I--Equal Opportunity for Veterans (FAR Case 2009-007)
The interim rule, published September 29, 2010, is adopted as final
with minor changes. A definition from the clause at FAR 52.222-35 for
``executive and senior management'' is added to FAR subpart 22.13. The
interim rule implemented Department of Labor regulations on equal
opportunity provisions for various categories of military veterans.
Item II--Unique Procurement Instrument Identifier (FAR Case 2009-023)
This final rule amends the FAR to define the requirement for an
agency unique procurement instrument identifier (PIID) and, to extend
the requirement for using PIIDs to solicitations, contracts, and
related procurement instruments.
This final rule adds two new definitions at 4.001, revises
4.605(a), and adds a new FAR subpart 4.16--Unique Procurement
Instrument Identifiers, to prescribe policies and procedures for
assigning PIIDs. The Government expects that these changes will reduce
data errors and interoperability problems across the Federal
Government's business processes which were created by inconsistent and
non-unique PIID assignment and use. These changes will not impose new
requirements on small businesses, as the rule only addresses internal
Government policy and procedures.
Item III--Uniform Suspension and Debarment Requirement (FAR Case 2009-
036)
This rule adopts as final, with minor changes, an interim rule
which implemented section 815 of the National Defense Authorization Act
for Fiscal Year 2010, Public Law 111-84. The law requires that
suspension and debarment requirements flow down to all subcontracts
except contracts for commercially available off-the-shelf items, and in
the case of commercial items, first-tier subcontracts only.
This requirement protects the Government against contracting with
entities at any tier who are debarred, suspended, or proposed for
debarment. This rule does not have a significant impact on the
Government, contractors, or any automated systems.
Item IV--Extension of Sunset Date for Protests of Task and Delivery
Orders (FAR Case 2011-015) (Interim)
This interim rule amends the FAR to implement section 825 of the
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Pub. L. 111-383). Section 825 extends the sunset date for protests
against awards of task or delivery orders by DoD, NASA, and the Coast
Guard from May 27, 2011 to September 30, 2016. The sunset date for
protests against the award of task or delivery orders by other Federal
agencies remains May 27, 2011. With this change, contractors will no
longer be able to protest task or delivery orders awarded by agencies
other than DoD, NASA, and the Coast Guard. There is no effect on
Government automated systems.
Item V--Encouraging Contractor Policies To Ban Text Messaging While
Driving (FAR Case 2009-028)
This final rule adopts, with changes, the interim rule published in
the Federal Register at 75 FR 60264 on September 29, 2010, to implement
Executive Order 13513 (October 1, 2009), published in the Federal
Register at 74 FR 51225 on October 6, 2009, entitled ``Federal
Leadership on Reducing Text Messaging while Driving.'' This final rule
revises FAR clause 52.223-18 to encourage the adoption and enforcement
of policies that ban text messaging while driving company-owned or -
rented vehicles or Government-owned vehicles; or privately-owned
vehicles when on official Government business or when performing any
work for or on behalf of the Government. The final rule also revises
the language in the clause to
[[Page 39233]]
encourage contractors to conduct initiatives such as: (1) Establishment
of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving, and (2) education, awareness,
and other outreach programs to inform employees about the safety risks
associated with texting while driving. This requirement applies to all
solicitations and contracts.
Item VI--TINA Interest Calculations (FAR Case 2009-034)
DoD, GSA, and NASA are publishing a final rule amending the FAR to
revise the clauses at FAR 52.214-27, FAR 52.215-10, and FAR 52.215-11
to require compound interest calculations be applied to Government
overpayments as a result of defective cost or pricing data.
Dated: June 28, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office
of Acquisition Policy.
Federal Acquisition Circular (FAC) 2005-53 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 2005-53 is
effective July 5, 2011, except for Items I, II, III, V and VI which are
effective August 4, 2011.
Dated: June 27, 2011.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: June 28, 2011.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: June 22, 2011.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2011-16671 Filed 7-1-11; 8:45 am]
BILLING CODE 6820-EP-P
