Federal Acquisition Regulation; Federal Acquisition Circular 2005-54; Introduction, 68014-68015 [2011-27778]
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68014
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 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) 2005–54. 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 6]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–54;
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 2005–54 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 2005–54
Item
Subject
I .............
II ............
III ...........
IV ..........
V ...........
VI ..........
VII .........
VIII ........
IX ..........
X ...........
Notification of Employee Rights Under the National Labor Relations Act .............................................
Preventing Personal Conflicts of Interest for Contractor Employees Performing Acquisition Functions
Small Disadvantaged Business Program Self-Certification ....................................................................
Certification Requirement and Procurement Prohibition Relating to Iran Sanctions .............................
Representation Regarding Export of Sensitive Technology to Iran (Interim) .........................................
Set-Asides for Small Business (Interim) .................................................................................................
Sudan Waiver Process ...........................................................................................................................
Successor Entities to the Netherlands Antilles .......................................................................................
Labor Relations Costs .............................................................................................................................
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
2005–54 amends the FAR as specified
below:
mstockstill on DSK4VPTVN1PROD with RULES4
Item I—Notification of Employee Rights
Under the National Labor Relations Act
(FAR Case 2010–006)
This rule adopts as final, without
change, the interim rule that published
in the Federal Register at 75 FR 77723
on December 13, 2010, implementing
Executive Order (E.O.) 13496,
Notification of Employee Rights Under
Federal Labor Laws, as implemented by
the Department of Labor (DOL). The
E.O. requires contractors to display a
notice for employees of their rights
under Federal labor laws, and the DOL
has determined that the notice shall
include employee rights under the
National Labor Relations Act.
Item II—Preventing Personal Conflicts
of Interest for Contractor Employees
Performing Acquisition Functions (FAR
Case 2008–025)
This final rule amends the FAR to
address personal conflicts of interest by
employees of Government contractors,
as required by section 841(a) of the
VerDate Mar<15>2010
18:15 Nov 01, 2011
Jkt 226001
FAR case
Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417) (now codified at 41
U.S.C. 2303). This rule requires the
contractor to take the steps necessary to
identify and prevent personal conflicts
of interest for employees that perform
acquisition functions closely associated
with inherently governmental functions.
The contracting officer shall consult
with agency legal counsel for advice and
recommendations on a course of action
when the contractor reports a personal
conflict of interest violation by a
covered employee or when the
contractor violates the clause
requirements.
Item III—Small Disadvantaged
Business Program Self-Certification
(FAR Case 2009–019)
This rule adopts as final, without
change, an interim rule that implements
revisions made by the Small Business
Administration (SBA) in its Small
Disadvantaged Business (SDB)
regulations. The FAR interim rule was
published in the Federal Register at 75
FR 77737 on December 13, 2010, to
allow SDBs to self-represent their SDB
status to prime contractors in good faith
when seeking Federal subcontracting
opportunities. This FAR revision
removed an administrative burden for
SDB subcontractors to obtain SBA
certification, as well as prime
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
2010–006
2008–025
2009–019
2010–012
2010–018
2011–024
2009–041
2011–014
2009–006
Analyst
McFadden.
Robinson.
Morgan.
Davis.
Davis.
Morgan.
Davis.
Davis.
Chambers.
contractors, who were required to
confirm that SDB subcontractors had
obtained SBA certification.
Item IV—Certification Requirement and
Procurement Prohibition Relating to
Iran Sanctions (FAR Case 2010–012)
This rule adopts as final, with minor
changes, an interim rule. The interim
rule implemented sections 102 and 106
of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010. Section 102 requires certification
that each offeror, and any person owned
or controlled by the offeror, does not
engage in any activity for which
sanctions may be imposed under section
5 of the Iran Sanctions Act of 1996.
Section 106 imposes a procurement
prohibition relating to contracts with
persons that export certain sensitive
technology to Iran. This rule will have
little effect on domestic small business
concerns, because such dealings with
Iran are already generally prohibited
under U.S. law.
Item V—Representation Regarding
Export of Sensitive Technology to Iran
(FAR Case 2010–018) (Interim)
This interim rule amends the FAR to
include additional requirements to
implement section 106 of the
Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010, Public Law 111–195. To enhance
E:\FR\FM\02NOR4.SGM
02NOR4
Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations
enforcement of section 106, the FAR
will require each offeror to complete a
representation that the offeror does not
export certain sensitive technology to
the government of Iran or any entities or
individuals owned or controlled by or
acting on behalf or at the direction of
the government of Iran. This rule will
have little effect on domestic small
business concerns, because such
dealings with Iran are already generally
prohibited in the United States.
Item VI—Set-Asides for Small Business
(FAR Case 2011–024) (Interim)
This interim rule amends the FAR to
implement section 1331 of Pub. L. 111–
240, the Small Business Jobs Act of
2010, providing agencies with the legal
authority to set aside or reserve
multiple-award contracts and orders.
Specifically, section 1331 authorizes
agencies to (1) Set aside part or parts of
multiple-award contracts; (2) set aside
orders placed against multiple-award
contracts; and (3) reserve one or more
multiple-award contracts for small
business concerns that are awarded
using full and open competition.
The interim rule gives agencies an
additional procurement tool to increase
opportunities for small businesses to
compete in the Federal marketplace.
Item VII—Sudan Waiver Process (FAR
Case 2009–041)
This final rule amends the FAR to
revise section 25.702, Prohibition on
contracting with entities that conduct
restricted business operations in Sudan.
The rule adds specific criteria,
including foreign policy aspects, that an
agency must address when applying to
the President or his appointed designee
for a waiver of the prohibition on
awarding a contract to a contractor that
conducts restricted business operations
in Sudan, in accordance with the Sudan
Accountability and Divestment Act of
2007 (Pub. L. 110–174). The rule also
describes the consultation process that
will be used by the Office of Federal
Procurement Policy in support of the
waiver review. The rule does not
impose any requirements on small
businesses.
mstockstill on DSK4VPTVN1PROD with RULES4
Item VIII—Successor Entities to the
Netherlands Antilles (FAR Case 2011–
014)
entities. The rule does not impose any
requirements on small businesses.
Item IX—Labor Relations Costs (FAR
Case 2009–006)
This final rule amends the FAR to
implement Executive Order (E.O.)
13494, Economy in Government
Contracting, issued on January 30, 2009,
and amended on October 30, 2009. This
E.O. treats as unallowable the costs of
any activities undertaken to persuade
employees, whether employees of the
recipient of Federal disbursements or of
any other entity, to exercise or not to
exercise, or concerning the manner of
exercising, the right to organize and
bargain collectively through
representatives of the employee’s own
choosing.
Item X—Technical Amendments
Editorial changes are made at FAR
1.106, 4.604, and 8.501.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC) 2005–
54 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 2005–54
is effective November 2, 2011, except for
Items II, VII, and IX which are effective
December 2, 2011.
Dated: October 20, 2011.
Richard Ginman,
Director, Defense Procurement and
Acquisition Policy.
Dated: October 21, 2011.
Mindy S. Connolly, CPCM,
Chief Acquisition Officer U.S. General
Services Administration.
Dated: October 20, 2011.
Leigh Pomponio,
Procurement Analyst, National Aeronautics
and Space Administration.
[FR Doc. 2011–27778 Filed 11–1–11; 8:45 am]
BILLING CODE 6820–EP–P
This final rule amends FAR parts 25
and 52 to revise the definitions of
‘‘Caribbean Basin country’’ and
‘‘designated country’’ due to the change
in status of the islands that comprised
the Netherlands Antilles. On October
10, 2010, the Netherlands Antilles
dissolved into five separate successor
VerDate Mar<15>2010
18:15 Nov 01, 2011
Jkt 226001
PO 00000
68015
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 2, 22, and 52
[FAC 2005–54; FAR Case 2010–006;
Item I; Docket 2010–0106; Sequence 1]
RIN 9000–AL76
Federal Acquisition Regulation;
Notification of Employee Rights Under
the National Labor Relations Act
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA have
adopted as final, without change, an
interim rule amending the Federal
Acquisition Regulation (FAR) to
implement the Department of Labor
(DOL) regulations that implemented the
Executive Order (E.O.), Notification of
Employee Rights Under Federal Labor
Laws.
DATES: Effective Date: November 2,
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 2005–54, FAR
Case 2010–006.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
75 FR 77723 on December 13, 2010, to
implement E.O. 13496, Notification of
Employee Rights Under Federal Labor
Laws, as implemented by the DOL. The
E.O. requires contractors to display a
notice for employees of their rights
under Federal labor laws, and the DOL
has determined that the notice shall
include employee rights under the
National Labor Relations Act. Public
comments were due on or before
February 11, 2011. Three respondents
submitted nine comments on the
interim rule.
II. Discussion and Analysis of the
Public Comments
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comments in the
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]]>Agencies
[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 68014-68015]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27778]
[[Page 68013]]
Vol. 76
Wednesday,
No. 212
November 2, 2011
Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Part 1
Federal Acquisition Regulation; Federal Acquisition Circular 2005-54;
Introduction; Interim and Final Rules and Notice
Federal Register / Vol. 76 , No. 212 / Wednesday, November 2, 2011 /
Rules and Regulations
[[Page 68014]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0076; Sequence 6]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-54; 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) 2005-54. 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 2005-54 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 2005-54
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I........... Notification of 2010-006 McFadden.
Employee Rights Under
the National Labor
Relations Act.
II.......... Preventing Personal 2008-025 Robinson.
Conflicts of Interest
for Contractor
Employees Performing
Acquisition Functions.
III......... Small Disadvantaged 2009-019 Morgan.
Business Program Self-
Certification.
IV.......... Certification 2010-012 Davis.
Requirement and
Procurement
Prohibition Relating
to Iran Sanctions.
V........... Representation 2010-018 Davis.
Regarding Export of
Sensitive Technology
to Iran (Interim).
VI.......... Set-Asides for Small 2011-024 Morgan.
Business (Interim).
VII......... Sudan Waiver Process.. 2009-041 Davis.
VIII........ Successor Entities to 2011-014 Davis.
the Netherlands
Antilles.
IX.......... Labor Relations Costs. 2009-006 Chambers.
X........... 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 2005-54 amends the FAR as specified
below:
Item I--Notification of Employee Rights Under the National Labor
Relations Act (FAR Case 2010-006)
This rule adopts as final, without change, the interim rule that
published in the Federal Register at 75 FR 77723 on December 13, 2010,
implementing Executive Order (E.O.) 13496, Notification of Employee
Rights Under Federal Labor Laws, as implemented by the Department of
Labor (DOL). The E.O. requires contractors to display a notice for
employees of their rights under Federal labor laws, and the DOL has
determined that the notice shall include employee rights under the
National Labor Relations Act.
Item II--Preventing Personal Conflicts of Interest for Contractor
Employees Performing Acquisition Functions (FAR Case 2008-025)
This final rule amends the FAR to address personal conflicts of
interest by employees of Government contractors, as required by section
841(a) of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110-417) (now codified at 41 U.S.C. 2303).
This rule requires the contractor to take the steps necessary to
identify and prevent personal conflicts of interest for employees that
perform acquisition functions closely associated with inherently
governmental functions. The contracting officer shall consult with
agency legal counsel for advice and recommendations on a course of
action when the contractor reports a personal conflict of interest
violation by a covered employee or when the contractor violates the
clause requirements.
Item III--Small Disadvantaged Business Program Self-Certification (FAR
Case 2009-019)
This rule adopts as final, without change, an interim rule that
implements revisions made by the Small Business Administration (SBA) in
its Small Disadvantaged Business (SDB) regulations. The FAR interim
rule was published in the Federal Register at 75 FR 77737 on December
13, 2010, to allow SDBs to self-represent their SDB status to prime
contractors in good faith when seeking Federal subcontracting
opportunities. This FAR revision removed an administrative burden for
SDB subcontractors to obtain SBA certification, as well as prime
contractors, who were required to confirm that SDB subcontractors had
obtained SBA certification.
Item IV--Certification Requirement and Procurement Prohibition Relating
to Iran Sanctions (FAR Case 2010-012)
This rule adopts as final, with minor changes, an interim rule. The
interim rule implemented sections 102 and 106 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010. Section 102
requires certification that each offeror, and any person owned or
controlled by the offeror, does not engage in any activity for which
sanctions may be imposed under section 5 of the Iran Sanctions Act of
1996. Section 106 imposes a procurement prohibition relating to
contracts with persons that export certain sensitive technology to
Iran. This rule will have little effect on domestic small business
concerns, because such dealings with Iran are already generally
prohibited under U.S. law.
Item V--Representation Regarding Export of Sensitive Technology to Iran
(FAR Case 2010-018) (Interim)
This interim rule amends the FAR to include additional requirements
to implement section 106 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010, Public Law 111-195. To
enhance
[[Page 68015]]
enforcement of section 106, the FAR will require each offeror to
complete a representation that the offeror does not export certain
sensitive technology to the government of Iran or any entities or
individuals owned or controlled by or acting on behalf or at the
direction of the government of Iran. This rule will have little effect
on domestic small business concerns, because such dealings with Iran
are already generally prohibited in the United States.
Item VI--Set-Asides for Small Business (FAR Case 2011-024) (Interim)
This interim rule amends the FAR to implement section 1331 of Pub.
L. 111-240, the Small Business Jobs Act of 2010, providing agencies
with the legal authority to set aside or reserve multiple-award
contracts and orders.
Specifically, section 1331 authorizes agencies to (1) Set aside
part or parts of multiple-award contracts; (2) set aside orders placed
against multiple-award contracts; and (3) reserve one or more multiple-
award contracts for small business concerns that are awarded using full
and open competition.
The interim rule gives agencies an additional procurement tool to
increase opportunities for small businesses to compete in the Federal
marketplace.
Item VII--Sudan Waiver Process (FAR Case 2009-041)
This final rule amends the FAR to revise section 25.702,
Prohibition on contracting with entities that conduct restricted
business operations in Sudan. The rule adds specific criteria,
including foreign policy aspects, that an agency must address when
applying to the President or his appointed designee for a waiver of the
prohibition on awarding a contract to a contractor that conducts
restricted business operations in Sudan, in accordance with the Sudan
Accountability and Divestment Act of 2007 (Pub. L. 110-174). The rule
also describes the consultation process that will be used by the Office
of Federal Procurement Policy in support of the waiver review. The rule
does not impose any requirements on small businesses.
Item VIII--Successor Entities to the Netherlands Antilles (FAR Case
2011-014)
This final rule amends FAR parts 25 and 52 to revise the
definitions of ``Caribbean Basin country'' and ``designated country''
due to the change in status of the islands that comprised the
Netherlands Antilles. On October 10, 2010, the Netherlands Antilles
dissolved into five separate successor entities. The rule does not
impose any requirements on small businesses.
Item IX--Labor Relations Costs (FAR Case 2009-006)
This final rule amends the FAR to implement Executive Order (E.O.)
13494, Economy in Government Contracting, issued on January 30, 2009,
and amended on October 30, 2009. This E.O. treats as unallowable the
costs of any activities undertaken to persuade employees, whether
employees of the recipient of Federal disbursements or of any other
entity, to exercise or not to exercise, or concerning the manner of
exercising, the right to organize and bargain collectively through
representatives of the employee's own choosing.
Item X--Technical Amendments
Editorial changes are made at FAR 1.106, 4.604, and 8.501.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC) 2005-54 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 2005-54 is
effective November 2, 2011, except for Items II, VII, and IX which
are effective December 2, 2011.
Dated: October 20, 2011.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: October 21, 2011.
Mindy S. Connolly, CPCM,
Chief Acquisition Officer U.S. General Services Administration.
Dated: October 20, 2011.
Leigh Pomponio,
Procurement Analyst, National Aeronautics and Space Administration.
[FR Doc. 2011-27778 Filed 11-1-11; 8:45 am]
BILLING CODE 6820-EP-P
