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