Federal Acquisition Regulation; Federal Acquisition Circular 2005-55; Introduction, 182-183 [2011-33405]
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Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / 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) 2005–55. 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 7]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–55;
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 2005–55 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 2005–55
Item
Subject
I ...................
II ..................
III .................
IV .................
V ..................
VI .................
VII ................
Preventing Abuse of Interagency Contracts .......................................................................................
Transition to the System for Award Management (SAM) ...................................................................
Brand-Name Specifications .................................................................................................................
Time-and-Materials and Labor-Hour Contracts for Commercial Items ...............................................
Public Access to the Federal Awardee Performance and Integrity Information System ....................
Updated Financial Accounting Standards Board Accounting References ..........................................
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
2005–55 amends the FAR as specified
below:
TKELLEY on DSK3SPTVN1PROD with RULES2
Item I—Preventing Abuse of
Interagency Contracts (FAR Case 2008–
032)
This rule adopts as final, with
changes, an interim rule that
implemented section 865, Preventing
Abuse of Interagency Contracts, of the
Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009
(Pub. L. 110–417). This final rule further
amends FAR subpart 17.5 to make it
clear that this rule only applies to
interagency acquisitions when an
agency needing supplies or services
obtains them using another agency’s
contract; or when an agency uses
another agency to provide acquisition
assistance, such as awarding and
administering a contract, a task order, or
delivery order. A business case analysis
must be developed for the establishment
and renewal of governmentwide
acquisition contracts as well as for
multi-agency contracts. Additionally,
FAR 35.017 clarifies determination
requirements when using a Federally
Funded Research and Development
Center. This rule does not impose any
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17:59 Dec 30, 2011
Jkt 226001
FAR case
information collection requirements on
small business. There is no significant
impact on small businesses because this
rule is only applicable to internal
operating procedures of the
Government.
Item II—Transition to the System for
Award Management (SAM) (FAR Case
2011–021)
The Integrated Acquisition
Environment (IAE) systems are being
transitioned to a new System for Award
Management (SAM) architecture. This
effort will transition the Central
Contractor Registration (CCR) database,
the Excluded Parties Listing System
(EPLS), and the Online Representations
and Certifications Application (ORCA)
to SAM. The FAR change will indicate
that these IAE systems and the Disaster
Response Registry will now be accessed
through https://www.acquisition.gov.
This rule will not significantly affect
small business, as the only impact on
the public will be the Web site address
that offerors/contractors will need to
use.
Item III—Brand-Name Specifications
(FAR Case 2005–037)
This final rule adopts, with changes,
the interim rule that amended the FAR
to fully implement Office of
Management and Budget memoranda
and policies on the use of brand-name
specifications. The final rule clarifies
that when applicable, the
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
2008–032
2011–021
2005–037
2009–043
2010–016
2010–005
Analyst
Sakalos.
Loeb.
Clark.
Sakalos.
Loeb.
Chambers.
documentation or justification and
posting requirements for brand name
items only apply to the portion of the
acquisition that requires the brand name
item. The final rule also adds a
requirement to screen the brand name
documentation or justification for
contractor proprietary data. Further, the
final rule requires the contracting officer
to post the justifications for an order
peculiar to one manufacturer under
indefinite-delivery contracts. The rule
will benefit small business entities by
providing the opportunity for review of
brand-name justification and approval
documents for contracts and orders
awarded noncompetitively, thereby
increasing the opportunity for
competition for future awards.
Item IV—Time-and-Materials and
Labor-Hour Contracts for Commercial
Items (FAR Case 2009–043)
This final rule amends the FAR to
implement recommendations from the
Government Accountability Office to:
(1) Ensure that time-and-materials
(T&M) and labor-hour (LH) contracts are
used to acquire commercial services
only when no other contract type is
suitable, and (2) instill discipline in the
determination of contract type with a
view toward managing the risk to the
Government. The requirement for a
determination and findings when no
other contract type is suitable is added
to FAR 8.404, Use of Federal Supply
Schedules. FAR 8.404 has also been
E:\FR\FM\03JAR2.SGM
03JAR2
Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules and Regulations
amended to address increases in the
order ceiling price of T&M and LH
contracts, to more closely conform to
the language at FAR 12.207. In addition,
FAR 16.201 is modified and FAR 16.600
is added to clarify that T&M and LH
contracts are not types of fixed-price
contracts. This rule will not have a
significant economic impact on a
substantial number of small entities.
Item V—Public Access to the Federal
Awardee Performance and Integrity
Information System (FAR Case 2010–
016)
This rule adopts as final, with
changes, an interim rule. The interim
rule implemented section 3010 of the
Supplemental Appropriations Act, 2010
(Pub. L. 111–212), enacted July 29,
2010. Section 3010 requires that the
information in the Federal Awardee
Performance and Integrity Information
System (FAPIIS), excluding past
performance reviews, shall be made
publicly available. The interim rule
notified contractors of this new
statutory requirement for public access
to FAPIIS.
In response to public comments, the
final rule allows a 14-calendar-day
delay before making the data available
to the public. Contractors have 7
calendar days within those 14 calendar
days to assert a disclosure exemption
under the Freedom of Information Act.
In addition, the FAPIIS system has been
modified to allow more space for
contractor comments. The rule does not
impose any new requirements on small
businesses.
Dated: December 21, 2011.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC)
2005–55 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 2005–55 is effective January 3,
2012, except for Items I, II, III, IV, and
VI which are effective February 2, 2012.
Dated: December 21, 2011.
Richard Ginman,
Director, Defense Procurement and
Acquisition Policy.
Dated: December 22, 2011.
Mindy S. Connolly,
Chief Acquisition Officer, U.S. General
Services Administration.
Dated: December 20, 2011.
William P. McNally,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. 2011–33405 Filed 12–30–11; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 4, 7, 8, 9, 17, 18, 35,
and 41
This final rule amends the FAR
sections 31.205–11, 31.205–36, 52.204–
10, 52.212–5, and 52.213–4 to update
references to authoritative accounting
standards owing to the Financial
Accounting Standards Board’s
Accounting Standards Codification of
Generally Accepted Accounting
Principles (‘‘Codification of GAAP’’).
These revisions have no effect other
than to simply replace the superseded
references with updated references.
TKELLEY on DSK3SPTVN1PROD with RULES2
Item VI—Updated Financial
Accounting Standards Board
Accounting References (FAR Case
2010–005)
RIN 9000–AL69
[FAC 2005–55; FAR Case 2008–032;
Item I; Docket 2010–0107, Sequence 1]
Item VII—Technical Amendments
Editorial changes are made at FAR
4.603, 8.402, 8.405–5, 8.703, 15.402,
15.403–1, 19.102, 19.402, 22.404–1,
22.1304, 22.1306, 23.205, 23.401,
28.203–3, 42.203, 52.202–1, 52.212–3,
52.219–22, and 52.228–11.
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17:59 Dec 30, 2011
Jkt 226001
Federal Acquisition Regulation;
Preventing Abuse of Interagency
Contracts
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 a section of the Duncan
Hunter National Defense Authorization
Act for Fiscal Year 2009, to prevent
abuse of interagency contracts.
DATES: Effective Date: February 2, 2012.
SUMMARY:
PO 00000
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183
Ms.
Lori Sakalos, Procurement Analyst, at
(202) 208–0498 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–55, FAR
Case 2008–032.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
I. Background
DoD, GSA, and NASA published an
interim rule in the Federal Register at
75 FR 77733 on December 13, 2010, to
implement paragraphs (b) and (d) of
section 865 of the Duncan Hunter
National Defense Authorization Act
(NDAA). The rule is designed to ensure
that the benefits of interagency
acquisitions are consistently achieved.
The FAR changes are applicable to all
interagency acquisitions issued under
the Economy Act (31 U.S.C. 1535) as
well as other authorities, in recognition
that an increasing number of
interagency acquisitions are conducted
using authorities other than the
Economy Act. This rule strengthens
FAR subpart 17.5, Interagency
Acquisitions by—
• Broadening the scope of coverage to
address all interagency acquisitions that
result in a contract action, but does not
apply to Federal Supply Schedule (FSS)
orders under $500,000;
• Requiring agencies to support the
decision to use an interagency
acquisition with a determination that
such action is the ‘‘best procurement
approach;’’ and
• Directing that assisted acquisitions
be accompanied by written agreements
between the requesting agency and the
servicing agency documenting the roles
and responsibilities of the respective
parties.
Five respondents submitted
comments on the interim rule. Two of
the respondents from the same
organization provided duplicate
comments.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (Councils)
reviewed the public comments in the
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. Summary of Significant Changes
As a result of public comments,
changes were made to the interim rule
to—
1. Make it clear that FAR subpart 17.5
applies to interagency acquisitions
E:\FR\FM\03JAR2.SGM
03JAR2
]]>Agencies
[Federal Register Volume 77, Number 1 (Tuesday, January 3, 2012)]
[Rules and Regulations]
[Pages 182-183]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33405]
[[Page 181]]
Vol. 77
Tuesday,
No. 1
January 3, 2012
Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1
Federal Acquisition Regulation; Final Rules
Federal Register / Vol. 77, No. 1 / Tuesday, January 3, 2012 / Rules
and Regulations
[[Page 182]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0076; Sequence 7]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-55; 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) 2005-55. 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 2005-55 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 2005-55
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I................ Preventing Abuse of 2008-032 Sakalos.
Interagency
Contracts.
II............... Transition to the 2011-021 Loeb.
System for Award
Management (SAM).
III.............. Brand-Name 2005-037 Clark.
Specifications.
IV............... Time-and-Materials 2009-043 Sakalos.
and Labor-Hour
Contracts for
Commercial Items.
V................ Public Access to the 2010-016 Loeb.
Federal Awardee
Performance and
Integrity
Information System.
VI............... Updated Financial 2010-005 Chambers.
Accounting Standards
Board Accounting
References.
VII.............. 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 2005-55 amends the FAR as specified
below:
Item I--Preventing Abuse of Interagency Contracts (FAR Case 2008-032)
This rule adopts as final, with changes, an interim rule that
implemented section 865, Preventing Abuse of Interagency Contracts, of
the Duncan Hunter National Defense Authorization Act for Fiscal Year
2009 (Pub. L. 110-417). This final rule further amends FAR subpart 17.5
to make it clear that this rule only applies to interagency
acquisitions when an agency needing supplies or services obtains them
using another agency's contract; or when an agency uses another agency
to provide acquisition assistance, such as awarding and administering a
contract, a task order, or delivery order. A business case analysis
must be developed for the establishment and renewal of governmentwide
acquisition contracts as well as for multi-agency contracts.
Additionally, FAR 35.017 clarifies determination requirements when
using a Federally Funded Research and Development Center. This rule
does not impose any information collection requirements on small
business. There is no significant impact on small businesses because
this rule is only applicable to internal operating procedures of the
Government.
Item II--Transition to the System for Award Management (SAM) (FAR Case
2011-021)
The Integrated Acquisition Environment (IAE) systems are being
transitioned to a new System for Award Management (SAM) architecture.
This effort will transition the Central Contractor Registration (CCR)
database, the Excluded Parties Listing System (EPLS), and the Online
Representations and Certifications Application (ORCA) to SAM. The FAR
change will indicate that these IAE systems and the Disaster Response
Registry will now be accessed through https://www.acquisition.gov. This
rule will not significantly affect small business, as the only impact
on the public will be the Web site address that offerors/contractors
will need to use.
Item III--Brand-Name Specifications (FAR Case 2005-037)
This final rule adopts, with changes, the interim rule that amended
the FAR to fully implement Office of Management and Budget memoranda
and policies on the use of brand-name specifications. The final rule
clarifies that when applicable, the documentation or justification and
posting requirements for brand name items only apply to the portion of
the acquisition that requires the brand name item. The final rule also
adds a requirement to screen the brand name documentation or
justification for contractor proprietary data. Further, the final rule
requires the contracting officer to post the justifications for an
order peculiar to one manufacturer under indefinite-delivery contracts.
The rule will benefit small business entities by providing the
opportunity for review of brand-name justification and approval
documents for contracts and orders awarded noncompetitively, thereby
increasing the opportunity for competition for future awards.
Item IV--Time-and-Materials and Labor-Hour Contracts for Commercial
Items (FAR Case 2009-043)
This final rule amends the FAR to implement recommendations from
the Government Accountability Office to: (1) Ensure that time-and-
materials (T&M) and labor-hour (LH) contracts are used to acquire
commercial services only when no other contract type is suitable, and
(2) instill discipline in the determination of contract type with a
view toward managing the risk to the Government. The requirement for a
determination and findings when no other contract type is suitable is
added to FAR 8.404, Use of Federal Supply Schedules. FAR 8.404 has also
been
[[Page 183]]
amended to address increases in the order ceiling price of T&M and LH
contracts, to more closely conform to the language at FAR 12.207. In
addition, FAR 16.201 is modified and FAR 16.600 is added to clarify
that T&M and LH contracts are not types of fixed-price contracts. This
rule will not have a significant economic impact on a substantial
number of small entities.
Item V--Public Access to the Federal Awardee Performance and Integrity
Information System (FAR Case 2010-016)
This rule adopts as final, with changes, an interim rule. The
interim rule implemented section 3010 of the Supplemental
Appropriations Act, 2010 (Pub. L. 111-212), enacted July 29, 2010.
Section 3010 requires that the information in the Federal Awardee
Performance and Integrity Information System (FAPIIS), excluding past
performance reviews, shall be made publicly available. The interim rule
notified contractors of this new statutory requirement for public
access to FAPIIS.
In response to public comments, the final rule allows a 14-
calendar-day delay before making the data available to the public.
Contractors have 7 calendar days within those 14 calendar days to
assert a disclosure exemption under the Freedom of Information Act. In
addition, the FAPIIS system has been modified to allow more space for
contractor comments. The rule does not impose any new requirements on
small businesses.
Item VI--Updated Financial Accounting Standards Board Accounting
References (FAR Case 2010-005)
This final rule amends the FAR sections 31.205-11, 31.205-36,
52.204-10, 52.212-5, and 52.213-4 to update references to authoritative
accounting standards owing to the Financial Accounting Standards
Board's Accounting Standards Codification of Generally Accepted
Accounting Principles (``Codification of GAAP''). These revisions have
no effect other than to simply replace the superseded references with
updated references.
Item VII--Technical Amendments
Editorial changes are made at FAR 4.603, 8.402, 8.405-5, 8.703,
15.402, 15.403-1, 19.102, 19.402, 22.404-1, 22.1304, 22.1306, 23.205,
23.401, 28.203-3, 42.203, 52.202-1, 52.212-3, 52.219-22, and 52.228-11.
Dated: December 21, 2011.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Federal Acquisition Circular (FAC) 2005-55 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 2005-55 is
effective January 3, 2012, except for Items I, II, III, IV, and VI
which are effective February 2, 2012.
Dated: December 21, 2011.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: December 22, 2011.
Mindy S. Connolly,
Chief Acquisition Officer, U.S. General Services Administration.
Dated: December 20, 2011.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2011-33405 Filed 12-30-11; 8:45 am]
BILLING CODE 6820-EP-P
