Federal Acquisition Regulation; Technical Amendments, 13768-13769 [2013-04603]

Download as PDF 13768 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations Federal Acquisition Regulation (FAR) to implement section 822 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013. Section 822 extends the authority of the Commercial Item Test Program at FAR subpart 13.5 to January 1, 2015. DATES: Effective February 28, 2013. FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement Analyst, at 202–208–4949, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite FAC 2005–66, FAR Case 2013–007. SUPPLEMENTARY INFORMATION: I. Background This final rule amends the FAR to revise section 13.500(d) to implement section 822 of the NDAA for FY 2013, Public Law 112–239. Section 822 of the NDAA for FY 2013 strikes out ‘‘2012’’ in subsection (e) of section 4202 of the Clinger-Cohen Act of 1996 (division D of Public Law 104–106; 110 Stat. 652; 10 U.S.C. 2304 note) and inserts ‘‘2015’’. FAR subpart 13.5 authorizes as a test program, the use of simplified procedures for the acquisition of certain commercial items in amounts greater than the simplified acquisition threshold, but not exceeding $6.5 million ($12 million for acquisitions described in FAR 13.500(e)) including options, if the contracting officer can reasonably expect that offers will include only commercial items. This final rule extends the sunset date of the authority at FAR 13.500(d) from January 1, 2012, to January 1, 2015. srobinson on DSK4SPTVN1PROD with RULES2 II. Decision To Issue a Final Rule ‘‘Publication of proposed regulations’’, 41 U.S.C. 1707, is the statute which applies to the publication of the Federal Acquisition Regulation. Paragraph (a)(1) of the statute requires that a procurement policy, regulation, procedure or form (including an amendment or modification thereof) must be published for public comment if it relates to the expenditure of appropriated funds, and has either a significant effect beyond the internal operating procedures of the agency issuing the policy, regulation, procedure or form, or has a significant cost or administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because this case implements section 822 of the NDAA for FY 2013, which merely extends the end date of the Commercial Item Test Program from January 1, 2012, to January 1, 2015. VerDate Mar<15>2010 19:28 Feb 27, 2013 Jkt 229001 III. Executive Order 12866 and 13563 DEPARTMENT OF DEFENSE Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. The Office of Information and Regulatory Affairs (OIRA) has deemed that this is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993, and that this rule is not a major rule under 5 U.S.C. 804. GENERAL SERVICES ADMINISTRATION IV. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not require publication for public comment. V. Paperwork Reduction Act The final rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35). List of Subject in 48 CFR Part 13 Government procurement. Dated: February 20, 2013. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth below: PART 13—SIMPLIFIED ACQUISITION PROCEDURES 1. The authority citation for 48 CFR part 13 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 13.500 [Amended] [FR Doc. 2013–04601 Filed 2–27–13; 8:45 am] BILLING CODE 6820–EP–P Frm 00006 Fmt 4701 48 CFR Parts 5, 7, 10, and 52 [FAC 2005–66; Item IV; Docket 2013–0080; Sequence 2] Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCY: ACTION: Sfmt 4700 Final rule. This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective February 28, 2013. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1275 First Street NE., 7th Floor, Washington, DC 20417, 202–501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–66, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 5, 7, 10, and 52, this document makes editorial changes to the FAR. SUMMARY: List of Subject in 48 CFR Parts 5, 7, 10, and 52 Government procurement. Dated: February 20, 2013. Laura Auletta, Director, Office of Governmentwide Acquisition Policy, Office of Acquisition Policy, Office of Governmentwide Policy Therefore, DoD, GSA, and NASA amend 48 CFR parts 5, 7, 10, and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 5, 7, 10, and 52 is revised to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 5—PUBLICIZING CONTRACT ACTIONS 5.601 2. Amend section 13.500 by removing from paragraph (d) ‘‘January 1, 2012’’ and adding ‘‘January 1, 2015’’ in its place. ■ PO 00000 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION [Amended] 2. Amend section 5.601 by removing from paragraphs (a), (b)(1), and (b)(2) ‘‘http://www.contractdirectory.gov/ contractdirectory/’’ and adding ‘‘https:// www.contractdirectory.gov/ contractdirectory/’’ in its place. ■ E:\FR\FM\28FER2.SGM 28FER2 Federal Register / Vol. 78, No. 40 / Thursday, February 28, 2013 / Rules and Regulations Taxes—Fixed—Price Contracts With Foreign Governments (Feb 2013) PART 7—ACQUISITION PLANNING 7.105 [Amended] 3. Amend section 7.105 by removing from paragraph (b)(1) ‘‘http:// www.contractdirectory.gov/ contractdirectory/’’ and adding ‘‘https:// www.contractdirectory.gov/ contractdirectory/’’ in its place. ■ * * * * BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION PART 10—MARKET RESEARCH 10.002 * [FR Doc. 2013–04603 Filed 2–27–13; 8:45 am] [Amended] 4. Amend section 10.002 by removing from paragraph (b)(2)(iv) ‘‘http:// www.contractdirectory.gov/ contractdirectory/’’ and adding ‘‘https:// www.contractdirectory.gov/ contractdirectory/’’ in its place. ■ NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket FAR 2013–0078, Sequence 2] PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES Federal Acquisition Regulation; Federal Acquisition Circular 2005–66; Small Entity Compliance Guide 5. Amend section 52.229–7 by revising the section and clause headings to read as follows: AGENCY: ■ 52.229–7 Taxes—Fixed-Price Contracts with Foreign Governments. * * * * Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: * Small Entity Compliance Guide. 13769 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) 2005–66, 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 2005–66, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. SUMMARY: DATES: February 28, 2013. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–66 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 2005–66 Item Subject * I ................................ * II ............................... III ................................ Definition of Contingency Operation (Interim) ...................................................................... Changes to Time-and-Materials and Labor-Hour Contracts and Orders ............................. Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items. Technical Amendments. IV 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 subjects set forth in the documents following these item summaries. FAC 2005–66 amends the FAR as specified below: srobinson on DSK4SPTVN1PROD with RULES2 Item I—Definition of Contingency Operation (FAR Case 2013–003) (Interim) This interim rule amends the definition of ‘‘contingency operation’’ in FAR 2.101 to address the statutory change to the definition made by paragraph (b) of section 515 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–081). Expanding the definition to include responding to a major disaster or emergency will increase the circumstances under which agencies may raise the micro-purchase and simplified acquisition thresholds. This may increase opportunities for awarding contracts to small entities located at or VerDate Mar<15>2010 19:28 Feb 27, 2013 Jkt 229001 FAR case near a major disaster area or emergency activities. Item II—Changes to Time-andMaterials and Labor-Hour Contracts and Orders (FAR Case 2011–025) This rule adopts as final a proposed rule implementing a policy that provides additional guidance to address actions required when raising the ceiling price for a time-and-materials (T&M) or labor-hour (LH) contract or order or otherwise changing the general scope of a T&M or LH contract or order. The rule provides guidance to contracting officers to address this issue for the respective areas of the FAR addressing T&M and LH contracts or orders, such as FAR sections 8.404, 12.207, and 16.601. This rule deals with the administration of T&M and LH contracts and orders and will have no direct effect on contractors. This rule will not affect how many small businesses are awarded this type of contract. PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 2013–003 2011–025 2013–007 Analyst Corrigan. Jackson. Jackson. Item III—Extension of Authority for Use of Simplified Acquisition Procedures for Certain Commercial Items (FAR Case 2013–007) This final rule amends the FAR to implement section 822 of the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013. Section 822 extends the authority of the Commercial Item Test Program at FAR subpart 13.5 to January 1, 2015. FAR subpart 13.5 authorizes as a test program, the use of simplified procedures for the acquisition of certain commercial items in amounts greater than the simplified acquisition threshold, but not exceeding $6.5 million ($12 million for acquisitions described in FAR 13.500(e)) including options, if the contracting officer can reasonably expect that offers will include only commercial items. This final rule extends the sunset date of the authority at FAR 13.500(d) from January 1, 2012, to January 1, 2015. E:\FR\FM\28FER2.SGM 28FER2

Agencies

[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13768-13769]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04603]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 5, 7, 10, and 52

[FAC 2005-66; Item IV; Docket 2013-0080; Sequence 2]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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

SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make editorial changes.

DATES: Effective February 28, 2013.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1275 First 
Street NE., 7th Floor, Washington, DC 20417, 202-501-4755, for 
information pertaining to status or publication schedules. Please cite 
FAC 2005-66, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 5, 7, 10, and 52, this document makes editorial changes to 
the FAR.

List of Subject in 48 CFR Parts 5, 7, 10, and 52

    Government procurement.

    Dated: February 20, 2013.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 5, 7, 10, and 52 
as set forth below:

0
1. The authority citation for 48 CFR parts 5, 7, 10, and 52 is revised 
to read as follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 5--PUBLICIZING CONTRACT ACTIONS


5.601  [Amended]

0
2. Amend section 5.601 by removing from paragraphs (a), (b)(1), and 
(b)(2) ``http://www.contractdirectory.gov/contractdirectory/'' and 
adding ``https://www.contractdirectory.gov/contractdirectory/'' in its 
place.

[[Page 13769]]

PART 7--ACQUISITION PLANNING


7.105  [Amended]

0
3. Amend section 7.105 by removing from paragraph (b)(1) ``http://www.contractdirectory.gov/contractdirectory/'' and adding ``https://www.contractdirectory.gov/contractdirectory/'' in its place.

PART 10--MARKET RESEARCH


10.002  [Amended]

0
4. Amend section 10.002 by removing from paragraph (b)(2)(iv) ``http://www.contractdirectory.gov/contractdirectory/'' and adding ``https://www.contractdirectory.gov/contractdirectory/'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. Amend section 52.229-7 by revising the section and clause headings 
to read as follows:


52.229-7  Taxes--Fixed-Price Contracts with Foreign Governments.

* * * * *

Taxes--Fixed--Price Contracts With Foreign Governments (Feb 2013)

* * * * *
[FR Doc. 2013-04603 Filed 2-27-13; 8:45 am]
BILLING CODE 6820-EP-P