Federal Acquisition Regulation; Federal Acquisition Circular 2005-60; Small Entity Compliance Guide, 44066-44067 [2012-17742]

Download as PDF 44066 Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Rules and Regulations (i) Part would be ‘‘FAR part 9’’ outside the FAR and ‘‘part 9’’ within the FAR. (ii) Subpart would be ‘‘FAR subpart 9.1’’ outside the FAR and ‘‘subpart 9.1’’ within the FAR. * * * * * PART 16—TYPES OF CONTRACTS 16.301–3 [Amended] 3. Amend section 16.301–3 by removing from paragraph (a)(4) ‘‘other that firm-fixed-priced’’ and adding ‘‘other than firm-fixed-priced’’ in its place. ■ PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.1801 [Amended] 4. Amend section 22.1801 by— a. Removing from the definition ‘‘Employee assigned to the contract’’, ‘‘November 6, 1986’’ and adding ‘‘November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands)’’ in its place; and ■ b. Removing from the definition ‘‘United States’’, ‘‘Guam,’’ and adding ‘‘Guam, the Commonwealth of the Northern Mariana Islands’’ in its place. ■ ■ 22.1802 [Amended] 5. Amend section 22.1802 by removing from paragraph (c) ‘‘November 6, 1986’’ and adding ‘‘November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands)’’ in its place. ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 52.212–5 [Amended] 7. Amend section 52.215–20 by removing from the introductory paragraph of Alternate I ‘‘15.408(1)’’ and adding ‘‘15.408(l)’’ in its place. ■ 8. Amend section 52.222–54 by— ■ a. Revising the date of the clause; ■ b. Amending paragraph (a) by— ■ i. In the definition ‘‘Employee assigned to the contract’’, in the introductory text, removing ‘‘November 6, 1986’’ and adding ‘‘November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands)’’ in its place; and ■ ii. Removing from the definition ‘‘United States’’, ‘‘Guam,’’ and adding ‘‘Guam, the Commonwealth of the Northern Mariana Islands’’ in its place; and ■ c. Revising paragraph of (b)(4) introductory text. The revisions read as follows: ■ 52.222–54 Employment Eligibility Verification. * * * * * Employment Eligibility Verification (JUL 2012) * * * * [Amended] 6. Amend section 52.212–5 by— a. Removing from the clause heading ‘‘(May 2012)’’ and adding ‘‘(JUL 2012)’’ in its place; and ■ b. Removing from paragraphs (b)(34) and (e)(1)(xii) ‘‘(Jan 2009)’’ and adding ‘‘(JUL 2012)’’ in their places; and ■ c. Removing from the introductory paragraph of Alternate II ‘‘(Dec 2010)’’ and adding ‘‘(JUL 2012)’’ in its place; and ■ d. Removing from Alternate II, in paragraph (e)(1)(ii)(L) ‘‘(Jan 2009)’’ and adding ‘‘(JUL 2012)’’ in its place. (b) * * * (4) Option to verify employment eligibility of all employees. The Contractor may elect to verify all existing employees hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), rather than just those employees assigned to the contract. The Contractor shall initiate verification for each existing employee working in the United States who was hired after November 6, 1986 (after November 27, 2009, in the Commonwealth of the Northern Mariana Islands), within 180 calendar days of— * * * * * 9. Amend section 52.223–2 by revising the date of the clause and paragraph (b); and removing from paragraph (c)(3) ‘‘contract to’’ and adding ‘‘contact to’’ in its place. The revised text reads as follows: 52.223–2 Affirmative Procurement of Biobased Products Under Service and Construction Contracts. * * * * * Affirmative Procurement of Biobased Products Under Service and Construction Contracts (JUL 2012) * * * * (b) Information about this requirement and these products is available at http:// www.biopreferred.gov. * * * * * [FR Doc. 2012–17739 Filed 7–25–12; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2012–0081, Sequence 5] Federal Acquisition Regulation; Federal Acquisition Circular 2005–60; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCIES: ACTION: Small Entity Compliance Guide. * ■ ■ ■ srobinson on DSK4SPTVN1PROD with RULES3 52.215–20 * 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 the rule appearing in Federal Acquisition Circular (FAC) 2005–60, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding this rule by referring to FAC 2005–60, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. SUMMARY: DATES: July 26, 2012. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–60 and the FAR case number. 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 2005–60 Item Subject I* ................................ II ................................. III* .............................. IV ............................... Reporting Executive Compensation and First-Tier Subcontract Awards ........................... Payments Under Time-and-Materials and Labor-Hour Contracts ..................................... Extension of Sunset Date for Protests of Task and Delivery Orders (Interim) ................. DARPA-New Mexico Tax Agreement ................................................................................ VerDate Mar<15>2010 18:38 Jul 25, 2012 Jkt 226001 PO 00000 Frm 00022 Fmt 4701 FAR Case Sfmt 4700 E:\FR\FM\26JYR3.SGM 26JYR3 2008–039 2011–003 2012–007 2012–019 Analyst Clark. Chambers. Lague. Chambers. 44067 Federal Register / Vol. 77, No. 144 / Thursday, July 26, 2012 / Rules and Regulations LIST OF RULES IN FAC 2005–60—Continued Item Subject V ................................ VI ............................... Clarification of Standards for Computer Generation of Forms .......................................... Technical Amendments. srobinson on DSK4SPTVN1PROD with RULES3 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 2005–60 amends the FAR as specified below: Item I—Reporting Executive Compensation and First-Tier Subcontract Awards (FAR Case 2008– 039) The interim rule published in the Federal Register at 75 FR 39414 on July 8, 2010, is adopted as final with changes. This rule implements section 2 of the Federal Funding Accountability and Transparency Act of 2006 (Pub. L. 109–282), which requires the Office of Management and Budget to establish a free, public, Web site containing full disclosure of all Federal contract award information. The interim rule required contractors to report executive compensation and first-tier subcontract awards on contracts expected to be $25,000 or more. This information is available to the public. The final rule removes the exception for inserting the clause in classified solicitations and contracts, or solicitations or contracts with individuals. Classified information is not required to be disclosed. The clause is not prescribed for contracts unless they are required to be reported in the Federal Procurement Data System (FPDS). The final rule clarifies the responsibility of contracting officers to correct data originating from FPDS found by the contractor to be in error when the contractor completes the subcontract report. The definition of first-tier subcontractor is revised to allow contractors greater flexibility to determine their first-tier subcontractors. The rule also clarifies that a contractor must enter Transparency Act data when registering in the Central Contractor Registration (CCR) database and the contractor is required to report its executive compensation in CCR as a part of its annual registration requirement in CCR. VerDate Mar<15>2010 18:38 Jul 25, 2012 Jkt 226001 FAR Case Item II—Payments Under Time-andMaterials and Labor-Hour Contracts (FAR Case 2011–003) This final rule amends the FAR with regard to payments under time-andmaterials and labor-hour contracts. First, the rule harmonizes payment provisions under commercial time-andmaterials and labor-hour contracts and non-commercial time-and-materials and labor-hour contracts, largely by having commercial time-and-materials and labor-hour contracts adopt the payment provisions of non-commercial time-andmaterials and labor-hour contracts. Second, the rule harmonizes conflicting provisions of the ‘‘Allowable Cost and Payment’’ and ‘‘Payments Under Timeand-Materials’’ and ‘‘Labor-Hour Contracts’’ clauses, which are both prescribed under non-commercial timeand-materials contracts and labor-hour contracts, by using the same periods for invoicing, and submission of the completion voucher as those set forth in the ‘‘Allowable Cost and Payment’’ clause. This harmonization will serve to benefit small businesses under timeand-materials and labor-hour contracts by permitting bi-weekly rather than monthly invoicing, and providing contracting officers with the discretion to authorize even more frequent payments. Item III—Extension of Sunset Dates for Protests of Task and Delivery Orders (FAR Case 2012–007) (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) and section 813 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81). These statutes extend the sunset date for protests against awards of task or delivery orders to September 30, 2016. There is no effect on Government automated systems. Item IV—DARPA-New Mexico Tax Agreement (FAR Case 2012–019) This final rule amends the FAR to add the United States Defense Advanced Research Projects Agency (DARPA) to the list of agencies that have entered PO 00000 Frm 00023 Fmt 4701 Sfmt 9990 2011–022 Analyst Lague. into an agreement with the State of New Mexico. The agreement eliminates the double taxation of Government costreimbursement contracts when contractors and their subcontractors purchase tangible personal property to be used in performing services in whole or in part in the State of New Mexico, and for which title to such property will pass to the United States upon delivery of the property to the contractor and its subcontractors by the vendor. Small businesses benefit from this agreement because they will no longer have the administrative effort and cost associated with collecting this tax. Item V—Clarification of Standards for Computer Generation of Forms (FAR Case 2011–022) DoD, GSA, and NASA published a proposed rule in the Federal Register at 76 FR 79609 on December 22, 2011, to implement the removal of Federal Information Processing Standard (FIPS) 161. FIPS 161 is being removed based on the notice posted in the Federal Register at 73 FR 51276 on September 2, 2008, by the Department of Commerce. This is a technical change acknowledging the removal by the Department of Commerce of FIPS 161 and replacement with the American National Standards Institute (ANSI) X12 set of standards. There is no impact to the Government or contractors in establishing ANSI X12 as the new standard. Small businesses will continue to be able to generate forms by computer. No public comments were received on the proposed rule, therefore, the final rule will be published with no changes. Item VI—Technical Amendments Editorial changes are made at FAR 1.105–2, 16.301–3, 22.1801, 22.1802, 52.212–5, 52.215–20, 52.222–54, and 52.223–2. Dated: July 16, 2012. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. [FR Doc. 2012–17742 Filed 7–25–12; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\26JYR3.SGM 26JYR3

Agencies

[Federal Register Volume 77, Number 144 (Thursday, July 26, 2012)]
[Rules and Regulations]
[Pages 44066-44067]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17742]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2012-0081, Sequence 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-60; Small Entity Compliance Guide

AGENCIES: 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 the rule 
appearing in Federal Acquisition Circular (FAC) 2005-60, which amends 
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a 
rule indicates that a regulatory flexibility analysis has been 
prepared. Interested parties may obtain further information regarding 
this rule by referring to FAC 2005-60, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: July 26, 2012.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-60 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

                                          List of Rules in FAC 2005-60
----------------------------------------------------------------------------------------------------------------
                 Item                              Subject               FAR Case              Analyst
----------------------------------------------------------------------------------------------------------------
I*...................................  Reporting Executive                2008-039  Clark.
                                        Compensation and First-Tier
                                        Subcontract Awards.
II...................................  Payments Under Time-and-           2011-003  Chambers.
                                        Materials and Labor-Hour
                                        Contracts.
III*.................................  Extension of Sunset Date for       2012-007  Lague.
                                        Protests of Task and Delivery
                                        Orders (Interim).
IV...................................  DARPA-New Mexico Tax Agreement     2012-019  Chambers.

[[Page 44067]]

 
V....................................  Clarification of Standards for     2011-022  Lague.
                                        Computer Generation of Forms.
VI...................................  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 2005-60 amends the FAR as specified 
below:

Item I--Reporting Executive Compensation and First-Tier Subcontract 
Awards (FAR Case 2008-039)

    The interim rule published in the Federal Register at 75 FR 39414 
on July 8, 2010, is adopted as final with changes. This rule implements 
section 2 of the Federal Funding Accountability and Transparency Act of 
2006 (Pub. L. 109-282), which requires the Office of Management and 
Budget to establish a free, public, Web site containing full disclosure 
of all Federal contract award information.
    The interim rule required contractors to report executive 
compensation and first-tier subcontract awards on contracts expected to 
be $25,000 or more. This information is available to the public.
    The final rule removes the exception for inserting the clause in 
classified solicitations and contracts, or solicitations or contracts 
with individuals. Classified information is not required to be 
disclosed. The clause is not prescribed for contracts unless they are 
required to be reported in the Federal Procurement Data System (FPDS). 
The final rule clarifies the responsibility of contracting officers to 
correct data originating from FPDS found by the contractor to be in 
error when the contractor completes the subcontract report. The 
definition of first-tier subcontractor is revised to allow contractors 
greater flexibility to determine their first-tier subcontractors. The 
rule also clarifies that a contractor must enter Transparency Act data 
when registering in the Central Contractor Registration (CCR) database 
and the contractor is required to report its executive compensation in 
CCR as a part of its annual registration requirement in CCR.

Item II--Payments Under Time-and-Materials and Labor-Hour Contracts 
(FAR Case 2011-003)

    This final rule amends the FAR with regard to payments under time-
and-materials and labor-hour contracts. First, the rule harmonizes 
payment provisions under commercial time-and-materials and labor-hour 
contracts and non-commercial time-and-materials and labor-hour 
contracts, largely by having commercial time-and-materials and labor-
hour contracts adopt the payment provisions of non-commercial time-and-
materials and labor-hour contracts. Second, the rule harmonizes 
conflicting provisions of the ``Allowable Cost and Payment'' and 
``Payments Under Time-and-Materials'' and ``Labor-Hour Contracts'' 
clauses, which are both prescribed under non-commercial time-and-
materials contracts and labor-hour contracts, by using the same periods 
for invoicing, and submission of the completion voucher as those set 
forth in the ``Allowable Cost and Payment'' clause. This harmonization 
will serve to benefit small businesses under time-and-materials and 
labor-hour contracts by permitting bi-weekly rather than monthly 
invoicing, and providing contracting officers with the discretion to 
authorize even more frequent payments.

Item III--Extension of Sunset Dates for Protests of Task and Delivery 
Orders (FAR Case 2012-007) (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) and section 813 of the National Defense Authorization 
Act for Fiscal Year 2012 (Pub. L. 112-81). These statutes extend the 
sunset date for protests against awards of task or delivery orders to 
September 30, 2016. There is no effect on Government automated systems.

Item IV--DARPA-New Mexico Tax Agreement (FAR Case 2012-019)

    This final rule amends the FAR to add the United States Defense 
Advanced Research Projects Agency (DARPA) to the list of agencies that 
have entered into an agreement with the State of New Mexico. The 
agreement eliminates the double taxation of Government cost-
reimbursement contracts when contractors and their subcontractors 
purchase tangible personal property to be used in performing services 
in whole or in part in the State of New Mexico, and for which title to 
such property will pass to the United States upon delivery of the 
property to the contractor and its subcontractors by the vendor. Small 
businesses benefit from this agreement because they will no longer have 
the administrative effort and cost associated with collecting this tax.

Item V--Clarification of Standards for Computer Generation of Forms 
(FAR Case 2011-022)

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 76 FR 79609 on December 22, 2011, to implement the removal 
of Federal Information Processing Standard (FIPS) 161. FIPS 161 is 
being removed based on the notice posted in the Federal Register at 73 
FR 51276 on September 2, 2008, by the Department of Commerce. This is a 
technical change acknowledging the removal by the Department of 
Commerce of FIPS 161 and replacement with the American National 
Standards Institute (ANSI) X12 set of standards. There is no impact to 
the Government or contractors in establishing ANSI X12 as the new 
standard. Small businesses will continue to be able to generate forms 
by computer. No public comments were received on the proposed rule, 
therefore, the final rule will be published with no changes.

Item VI--Technical Amendments

    Editorial changes are made at FAR 1.105-2, 16.301-3, 22.1801, 
22.1802, 52.212-5, 52.215-20, 52.222-54, and 52.223-2.

    Dated: July 16, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2012-17742 Filed 7-25-12; 8:45 am]
BILLING CODE 6820-EP-P