Federal Acquisition Regulation; Federal Acquisition Circular 2005-54; Small Entity Compliance Guide, 68044-68045 [2011-27794]

Download as PDF 68044 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations pertaining to status or publication schedules. Please cite FAC 2005–54, Technical Amendments. PART 4—ADMINISTRATIVE MATTERS 4.604 In order to update certain elements in 48 CFR parts 1, 4, and 8, this document makes editorial changes to the FAR. SUPPLEMENTARY INFORMATION: List of Subjects in 48 CFR Parts 1, 4, and 8 [Amended] 3. Amend section 4.604 in paragraph (c) by removing ‘‘guidance, by January 5,’’ and adding ‘‘guidance, within 120 days after the end of each fiscal year,’’ in its place. ■ PART 8—REQUIRED SOURCES OF SUPPLIES AND SERVICES Government procurement. 8.501 [Amended] Dated: October 21, 2011. Laura Auletta, Acting Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. ■ Therefore, DoD, GSA, and NASA amend 48 CFR parts 1 and 8 as set forth below: BILLING CODE 6820–14–P 4. Amend section 8.501 by removing ‘‘http://www.nm.blm.gov/www/amfo/ amfo_home.html’’ and adding ‘‘http:// blm.gov/8pjd’’ in its place. [FR Doc. 2011–27791 Filed 11–1–11; 8:45 am] DEPARTMENT OF DEFENSE 1. The authority citation for 48 CFR parts 1, 4, and 8 continues to read as follows: GENERAL SERVICES ADMINISTRATION Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). NATIONAL AERONAUTICS AND SPACE ADMINISTRATION PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 48 CFR Chapter 1 ■ 1.106 and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. This document is issued under the joint authority of DOD, GSA, and NASA. This Small Entity Compliance Guide has been prepared in accordance with section 212 of the Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of rules appearing in Federal Acquisition Circular (FAC) 2005–54, which amend the Federal Acquisition Regulation (FAR). Interested parties may obtain further information regarding these rules by referring to FAC 2005–54, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. SUMMARY: For effective dates see separate documents, which follow. DATES: The analyst whose name appears in the table below. Please cite FAC 2005–54 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. FOR FURTHER INFORMATION CONTACT: [Docket FAR 2011–0077; Sequence 6] [Amended] 2. Amend section 1.106, in the table following the introductory text, by adding FAR segments ‘‘52.215–22’’ and ‘‘52.215–23’’ and their corresponding OMB Control Number ‘‘9000–0173’’. ■ Federal Acquisition Regulation; Federal Acquisition Circular 2005–54; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), AGENCY: LIST OF RULES IN FAC 2005–54 Subject I ............. II ............ III ........... IV .......... V ........... VI .......... VII ......... VIII ........ IX .......... X ........... mstockstill on DSK4VPTVN1PROD with RULES4 Item 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: Item I—Notification of Employee Rights Under the National Labor Relations Act (FAR Case 2010–006) FAR case 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. This rule adopts as final, without change, the interim rule that published VerDate Mar<15>2010 18:15 Nov 01, 2011 Jkt 226001 PO 00000 Frm 00032 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. 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 E:\FR\FM\02NOR4.SGM 02NOR4 Federal Register / Vol. 76, No. 212 / Wednesday, November 2, 2011 / Rules and Regulations 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. mstockstill on DSK4VPTVN1PROD with RULES4 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. VerDate Mar<15>2010 18:15 Nov 01, 2011 Jkt 226001 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, Pub. L. 111–195. To enhance 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 Public Law 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 PO 00000 Frm 00033 Fmt 4701 Sfmt 9990 68045 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. [FR Doc. 2011–27794 Filed 11–1–11; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\02NOR4.SGM 02NOR4

Agencies

[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 68044-68045]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-27794]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2011-0077; Sequence 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-54; Small Entity Compliance Guide

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.

-----------------------------------------------------------------------

SUMMARY: This document is issued under the joint authority of DOD, GSA, 
and NASA. This Small Entity Compliance Guide has been prepared in 
accordance with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of rules 
appearing in Federal Acquisition Circular (FAC) 2005-54, which amend 
the Federal Acquisition Regulation (FAR). Interested parties may obtain 
further information regarding these rules by referring to FAC 2005-54, 
which precedes this document. These documents are also available via 
the Internet at http://www.regulations.gov.

DATES: For effective dates see separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below. Please cite FAC 2005-54 and the specific FAR case number. 
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

[[Page 68045]]

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, Pub. L. 111-195. To enhance 
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 
Public Law 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.
[FR Doc. 2011-27794 Filed 11-1-11; 8:45 am]
BILLING CODE 6820-EP-P