Federal Acquisition Regulation; Federal Acquisition Circular 2005-53; Introduction, 39232-39233 [2011-16671]

Download as PDF 39232 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 http:// 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 VerDate Mar<15>2010 20:17 Jul 01, 2011 Jkt 223001 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 VerDate Mar<15>2010 20:17 Jul 01, 2011 Jkt 223001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 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 E:\FR\FM\05JYR2.SGM 05JYR2

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





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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 http://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