Federal Acquisition Regulation; Federal Acquisition Circular 2005-67; Small Entity Compliance Guide, 37698-37700 [2013-14621]
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37698
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
DATES: Effective Date: June 21, 2013.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat Division (MVCB),
1800 F Street NW., 2nd Floor,
Washington, DC 20405, 202–501–4755,
for information pertaining to status or
publication schedules. Please cite FAC
2005–67, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts
8 and 52, this document makes editorial
changes to the FAR.
SUMMARY:
Arlington, VA 22202–3259, 703–603–
7740. * * *
■ 3. Amend section 8.714 by revising
paragraph (b) to read as follows:
DEPARTMENT OF DEFENSE
8.714 Communications with the central
nonprofit agencies and the Committee.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
*
*
*
*
(b) Any matter requiring referral to the
Committee shall be addressed to the
Executive Director of the Committee,
1401 S. Clark Street, Suite 10800,
Arlington, VA 22202–3259.
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
4. Amend section 52.204–8 by:
a. Revising the date of the provision;
and
■ b. Removing from paragraphs (b)(1),
the introductory text of (b)(2), and
(c)(1)(iii) ‘‘clause at 52.204–7’’ and
adding ‘‘provision at 52.204–7’’ in its
place.
The revised text reads as follows:
■
■
List of Subject in 48 CFR Parts 8 and
52
Government procurement.
Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 8 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 8 and 52 continues to read as
follows:
52.204–8 Annual Representations and
Certifications.
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
*
*
*
*
*
*
*
*
*
5. Amend section 52.204–10 by:
a. Revising the date of the clause; and
b. Removing from the introductory
text of paragraph (d)(1) ‘‘FAR clause’’
and adding ‘‘FAR provision’’ in its
place.
The revised text reads as follows:
■
■
■
2. Amend section 8.703 by revising
the third sentence to read as follows:
■
8.703
*
Annual Representations and
Certifications [Jun 2013]
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
Procurement list.
* * * Questions concerning whether
a supply item or service is on the
Procurement List may be submitted at
Internet email address
info@abilityone.gov or referred to the
Committee offices at the following
address and telephone number:
Committee for Purchase From People
Who Are Blind or Severely Disabled,
1401 S. Clark Street, Suite 10800,
GENERAL SERVICES
ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2013–0078; Sequence 3]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–67;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
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 the rule appearing in
Federal Acquisition Circular (FAC)
2005–67, 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 2005–67, which
precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
SUMMARY:
52.204–10 Reporting Executive
Compensation and First-Tier Subcontract
Awards.
DATES:
*
FOR FURTHER INFORMATION CONTACT:
*
*
*
*
Reporting Executive Compensation and
First-Tier Subcontract Awards [Jun
2013]
*
*
*
*
*
[FR Doc. 2013–14620 Filed 6–20–13; 8:45 am]
BILLING CODE 6820–EP–P
June 21, 2013.
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–67 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 2005–67
Subject
* I .........
II ..........
III .........
* IV .......
TKELLEY on DSK3SPTVN1PROD with RULES2
Item
Contractors Performing Private Security Functions Outside the United States ......................................
Contracting Officer’s Representative ........................................................................................................
System for Award Management Name Change, Phase 1 Implementation .............................................
Interagency Acquisitions: Compliance by Nondefense Agencies with Defense Procurement Requirements.
Terms of Service and Open-Ended Indemnification, and Unenforceability of Unauthorized Obligations
(Interim).
Price Analysis Techniques .......................................................................................................................
Contracting with Women-owned Small Business Concerns (Interim) .....................................................
Deletion of Report to Congress on Foreign-Manufactured Products ......................................................
Free Trade Agreement (FTA)-Panama ....................................................................................................
Updated Postretirement Benefit (PRB) References .................................................................................
Technical Amendments.
* V ........
* VI .......
* VII ......
VIII .......
IX .........
X ..........
XI .........
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FAR case
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Analyst
2011–029
2013–004
2012–033
2012–010
Jackson.
Jackson.
Glover.
Corrigan.
2013–005
Petrusek.
2012–018
2013–010
2013–008
2012–027
2011–019
Chambers.
Morgan.
Davis.
Davis.
Chambers.
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations
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
2005–67 amends the FAR as specified
below:
Item I—Contractors Performing Private
Security Functions Outside the United
States (FAR Case 2011–029)
DoD, GSA, and NASA are issuing a
final rule amending the FAR to
implement Governmentwide
requirements contained in section 862
of the National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2008
(Pub. L. 110–181), as amended by
section 853 of the NDAA for FY 2009
(Pub. L. 110–417) and sections 831 and
832 of the NDAA for FY 2011 (Pub. L.
111–383). See 10 U.S.C. 2302 Note.
These statutes establish minimum
processes and requirements for the
selection, accountability, training,
equipping, and conduct of personnel
performing private security functions
outside the United States.
TKELLEY on DSK3SPTVN1PROD with RULES2
Item II—Contracting Officer’s
Representative (FAR Case 2013–004)
This final rule amends the FAR to
improve contract surveillance by
clarifying the contracting officer’s
representative (COR) responsibilities in
FAR 1.602–2(d). In addition, a
corresponding change is also made at
FAR 7.104(e). This case originated from
a Department of Defense (DoD) Panel on
Contracting Integrity recommendation.
The DoD Panel on Contracting Integrity,
an internal DoD panel, consists of
senior-level DoD officials from across
DoD working to review progress made
by DoD to eliminate areas of
vulnerability of the defense contracting
system that allow fraud, waste, and
abuse to occur, and recommend changes
in law, regulations, and policy to
eliminate the areas of vulnerability. In
order to improve the contracting
environment, this rule provides
additional explanation in the FAR to
ensure that CORs understand their
duties and responsibilities to survey
contractor performance. This final rule
is not required to be published for
public comment because it only
involves internal Government
procedures regarding the appointment
of CORs and the clarification of COR
responsibilities, and has neither a
significant effect beyond the internal
operation procedures of the agency
issuing the policy, regulation, procedure
or form, nor has a significant cost or
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18:42 Jun 20, 2013
Jkt 229001
administrative impact on contractors or
offerors.
Item III—System for Award
Management Name Change, Phase 1
Implementation (FAR Case 2012–033)
This final rule amends the FAR by
updating references and names to
conform to the System for Award
Management (SAM) designation. The
SAM is a Federal Government owned
and operated free Web site that
consolidates the capabilities in certain
legacy systems that are used by Federal
officials in the procurement and awards
process. This rule incorporates language
that will transition the Central
Contractor Registration (CCR) database,
the Excluded Parties List System
(EPLS), and the Online Representations
and Certifications Application (ORCA)
to the SAM designation. This final rule
also makes a number of minor
additional conforming changes, such as
updates to definitions.
Item IV—Interagency Acquisitions:
Compliance by Nondefense Agencies
With Defense Procurement
Requirements (FAR Case 2012–010)
This final rule adopts with minor
changes an interim rule published in the
Federal Register at 77 FR 69720 on
November 20, 2012. The interim rule
amended the FAR to implement section
801 of Pub. L. 110–181, as amended (10
U.S.C. 2304 Note). Section 801 requires
compliance certifications by nondefense
agencies that purchase on behalf of the
Department of Defense (DoD), and
clarifies which DoD laws and
regulations apply. The agencies must
comply with new FAR subpart 17.7, in
addition to complying with FAR subpart
17.5. To provide clarification for small
business and contracting officers,
existing policy for small business goal
credit for assisted acquisitions was
added by the interim rule to section
FAR 4.603(c).
Item V—Terms of Service and OpenEnded Indemnification, and
Unenforceability of Unauthorized
Obligations (FAR Case 2013–005)
(Interim)
This interim rule amends the FAR to
address concerns raised in an opinion
from the U.S. Department of Justice
Office of Legal Counsel that determined
the Anti-Deficiency Act is violated
when a Government contracting officer
or other employee with the authority to
bind the Government agrees, without
statutory authorization or other
exception, to an open-ended,
unrestricted indemnification clause.
This rule clarifies for the public that an
End User License Agreement (EULA),
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37699
Terms of Service (TOS), or similar
agreement, containing an
indemnification provision, is
unenforceable and nonbinding against
the Government and Government—
authorized end-users. The rule contains
a new clause that applies to all
solicitations and contracts and
automatically applies to micropurchases, including those made with
the Governmentwide purchase card.
Item VI—Price Analysis Techniques
(FAR Case 2012–018)
This final rule amends the FAR to
clarify a reference used in FAR 15.404–
1(b)(2)(i). FAR 15.404–1(b)(2) delineates
the various price analysis techniques (to
ensure a fair and reasonable price) with
15.404–1(b)(2)(i) being the comparison
of proposed prices received from
multiple offerors in response to a
solicitation. The current reference in
this section (FAR 15.403–1(c)(1)) was
too broad; thus, this final rule changes
this reference to 15.403–1(c)(1)(i), which
precisely aligns the price analysis
technique of comparing proposed prices
in 15.404–1(b)(2)(i) with the adequate
price competition standard (for
exceptions from certified cost or pricing
data requirements) of comparing
proposed prices from multiple offerors.
Small businesses are not impacted by
this final rule because this rule merely
clarifies the reference, changing it to cite
FAR 15.403–1(c)(1)(i) (rather than the
more generalized 15.403–1(c)(1)) at
15.404–1(b)(2)(i), which describes the
use of the price analysis technique of
comparing proposed prices from
multiple offerors in order to establish a
fair and reasonable price.
Item VII—Contracting With WomenOwned Small Business Concerns (FAR
Case 2013–010) (Interim)
This interim rule amends FAR
19.1505 to remove the dollar limitation
for set-asides for economically
disadvantaged women-owned small
business (EDWOSB) concerns or
women-owned small business (WOSB)
concerns eligible under the Womenowned Small Business (WOSB)
Program. This change implements
section 1697 of the NDAA for FY 2013,
Public Law 112–239, which amended
section 8(m) of the Small Business Act,
(15 U.S.C. 637(m)).
As a result, contracting officers may
set aside acquisitions for competition
restricted to EDWOSB concerns or
WOSB concerns eligible under the
WOSB Program at any dollar level above
the micro-purchase threshold, provided
the other requirements for a set-aside
under the WOSB Program are met.
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21JNR2
37700
Federal Register / Vol. 78, No. 120 / Friday, June 21, 2013 / Rules and Regulations
Item VIII—Deletion of Report to
Congress on Foreign-Manufactured
Products (FAR Case 2013–008)
This final rule amends the FAR to
eliminate an obsolete Congressional
reporting requirement imposed by the
United States Troops Readiness,
Veterans’ Care, Katrina Recovery, and
Iraq Accountability Appropriations Act,
2007 (41 U.S.C. 8302(b)(1)).
This Act required these reports to
Congress for Fiscal Year 2007 through
Fiscal Year 2011 on acquisitions of end
products manufactured outside the
United States. This report to Congress is
no longer required but the collection of
the data in Federal Procurement Data
System is still required (see FAR
52.225–18, Place of Manufacture). This
final rule only affects the internal
operating procedures of the
Government.
TKELLEY on DSK3SPTVN1PROD with RULES2
Item IX—Free Trade Agreement
(FTA)—Panama (FAR Case 2012–027)
This final rule adopts without change
an interim rule published November 20,
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2012, which implemented a new Free
Trade Agreement with Panama (see the
United States-Panama Trade Promotion
Agreement Implementation Act (Pub. L.
112–43) (19 U.S.C. 3805 note).
This Trade Promotion Agreement is a
free trade agreement that provides for
mutually non-discriminatory treatment
of eligible products and services from
Panama. This final rule is not expected
to have a significant economic impact
on a substantial number of small
entities.
Item X—Updated Postretirement
Benefit (PRB) References (FAR Case
2011–019)
are their functional equivalent. The FAR
referenced GAAP to provide criteria for
determining the allowability of the
transition obligation, when converting
from pay-as-you-go accounting for
postretirement benefits (PRBs) to an
accrual method of accounting for the
purposes of Government contract cost
accounting.
This final rule will have a minimal
economic impact on small businesses
because it does not change the FAR
substantively.
Item XI—Technical Amendments
This final rule amends FAR 31.205–
6(o)(2)(iii)(A)(1) to remove references to
paragraphs 110, 112, and 113 of the now
superseded Financial Accounting
Standard (FAS) 106, which were deleted
in the Financial Accounting Standards
Board’s (FASB’s) Accounting Standards
Codification (ASC) of generally accepted
accounting principles (GAAP) and
replaces them with explicit criteria that
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Editorial changes are made at FAR
8.703, 8.714, 52.204–8, and 52.204–10.
Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
[FR Doc. 2013–14621 Filed 6–20–13; 8:45 am]
BILLING CODE 6820–EP–P
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21JNR2
]]>Agencies
[Federal Register Volume 78, Number 120 (Friday, June 21, 2013)]
[Rules and Regulations]
[Pages 37698-37700]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-14621]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2013-0078; Sequence 3]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-67; 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 the rule
appearing in Federal Acquisition Circular (FAC) 2005-67, 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 2005-67, which precedes this document.
These documents are also available via the Internet at https://www.regulations.gov.
DATES: June 21, 2013.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-67 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 2005-67
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
* I........... Contractors 2011-029 Jackson.
Performing Private
Security Functions
Outside the United
States.
II............ Contracting 2013-004 Jackson.
Officer's
Representative.
III........... System for Award 2012-033 Glover.
Management Name
Change, Phase 1
Implementation.
* IV.......... Interagency 2012-010 Corrigan.
Acquisitions:
Compliance by
Nondefense
Agencies with
Defense
Procurement
Requirements.
* V........... Terms of Service 2013-005 Petrusek.
and Open-Ended
Indemnification,
and
Unenforceability
of Unauthorized
Obligations
(Interim).
* VI.......... Price Analysis 2012-018 Chambers.
Techniques.
* VII......... Contracting with 2013-010 Morgan.
Women-owned Small
Business Concerns
(Interim).
VIII.......... Deletion of Report 2013-008 Davis.
to Congress on
Foreign-
Manufactured
Products.
IX............ Free Trade 2012-027 Davis.
Agreement (FTA)-
Panama.
X............. Updated 2011-019 Chambers.
Postretirement
Benefit (PRB)
References.
XI............ Technical
Amendments.
------------------------------------------------------------------------
[[Page 37699]]
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 2005-67 amends the FAR as specified
below:
Item I--Contractors Performing Private Security Functions Outside the
United States (FAR Case 2011-029)
DoD, GSA, and NASA are issuing a final rule amending the FAR to
implement Governmentwide requirements contained in section 862 of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2008
(Pub. L. 110-181), as amended by section 853 of the NDAA for FY 2009
(Pub. L. 110-417) and sections 831 and 832 of the NDAA for FY 2011
(Pub. L. 111-383). See 10 U.S.C. 2302 Note. These statutes establish
minimum processes and requirements for the selection, accountability,
training, equipping, and conduct of personnel performing private
security functions outside the United States.
Item II--Contracting Officer's Representative (FAR Case 2013-004)
This final rule amends the FAR to improve contract surveillance by
clarifying the contracting officer's representative (COR)
responsibilities in FAR 1.602-2(d). In addition, a corresponding change
is also made at FAR 7.104(e). This case originated from a Department of
Defense (DoD) Panel on Contracting Integrity recommendation. The DoD
Panel on Contracting Integrity, an internal DoD panel, consists of
senior-level DoD officials from across DoD working to review progress
made by DoD to eliminate areas of vulnerability of the defense
contracting system that allow fraud, waste, and abuse to occur, and
recommend changes in law, regulations, and policy to eliminate the
areas of vulnerability. In order to improve the contracting
environment, this rule provides additional explanation in the FAR to
ensure that CORs understand their duties and responsibilities to survey
contractor performance. This final rule is not required to be published
for public comment because it only involves internal Government
procedures regarding the appointment of CORs and the clarification of
COR responsibilities, and has neither a significant effect beyond the
internal operation procedures of the agency issuing the policy,
regulation, procedure or form, nor has a significant cost or
administrative impact on contractors or offerors.
Item III--System for Award Management Name Change, Phase 1
Implementation (FAR Case 2012-033)
This final rule amends the FAR by updating references and names to
conform to the System for Award Management (SAM) designation. The SAM
is a Federal Government owned and operated free Web site that
consolidates the capabilities in certain legacy systems that are used
by Federal officials in the procurement and awards process. This rule
incorporates language that will transition the Central Contractor
Registration (CCR) database, the Excluded Parties List System (EPLS),
and the Online Representations and Certifications Application (ORCA) to
the SAM designation. This final rule also makes a number of minor
additional conforming changes, such as updates to definitions.
Item IV--Interagency Acquisitions: Compliance by Nondefense Agencies
With Defense Procurement Requirements (FAR Case 2012-010)
This final rule adopts with minor changes an interim rule published
in the Federal Register at 77 FR 69720 on November 20, 2012. The
interim rule amended the FAR to implement section 801 of Pub. L. 110-
181, as amended (10 U.S.C. 2304 Note). Section 801 requires compliance
certifications by nondefense agencies that purchase on behalf of the
Department of Defense (DoD), and clarifies which DoD laws and
regulations apply. The agencies must comply with new FAR subpart 17.7,
in addition to complying with FAR subpart 17.5. To provide
clarification for small business and contracting officers, existing
policy for small business goal credit for assisted acquisitions was
added by the interim rule to section FAR 4.603(c).
Item V--Terms of Service and Open-Ended Indemnification, and
Unenforceability of Unauthorized Obligations (FAR Case 2013-005)
(Interim)
This interim rule amends the FAR to address concerns raised in an
opinion from the U.S. Department of Justice Office of Legal Counsel
that determined the Anti-Deficiency Act is violated when a Government
contracting officer or other employee with the authority to bind the
Government agrees, without statutory authorization or other exception,
to an open-ended, unrestricted indemnification clause. This rule
clarifies for the public that an End User License Agreement (EULA),
Terms of Service (TOS), or similar agreement, containing an
indemnification provision, is unenforceable and nonbinding against the
Government and Government--authorized end-users. The rule contains a
new clause that applies to all solicitations and contracts and
automatically applies to micro-purchases, including those made with the
Governmentwide purchase card.
Item VI--Price Analysis Techniques (FAR Case 2012-018)
This final rule amends the FAR to clarify a reference used in FAR
15.404-1(b)(2)(i). FAR 15.404-1(b)(2) delineates the various price
analysis techniques (to ensure a fair and reasonable price) with
15.404-1(b)(2)(i) being the comparison of proposed prices received from
multiple offerors in response to a solicitation. The current reference
in this section (FAR 15.403-1(c)(1)) was too broad; thus, this final
rule changes this reference to 15.403-1(c)(1)(i), which precisely
aligns the price analysis technique of comparing proposed prices in
15.404-1(b)(2)(i) with the adequate price competition standard (for
exceptions from certified cost or pricing data requirements) of
comparing proposed prices from multiple offerors. Small businesses are
not impacted by this final rule because this rule merely clarifies the
reference, changing it to cite FAR 15.403-1(c)(1)(i) (rather than the
more generalized 15.403-1(c)(1)) at 15.404-1(b)(2)(i), which describes
the use of the price analysis technique of comparing proposed prices
from multiple offerors in order to establish a fair and reasonable
price.
Item VII--Contracting With Women-Owned Small Business Concerns (FAR
Case 2013-010) (Interim)
This interim rule amends FAR 19.1505 to remove the dollar
limitation for set-asides for economically disadvantaged women-owned
small business (EDWOSB) concerns or women-owned small business (WOSB)
concerns eligible under the Women-owned Small Business (WOSB) Program.
This change implements section 1697 of the NDAA for FY 2013, Public Law
112-239, which amended section 8(m) of the Small Business Act, (15
U.S.C. 637(m)).
As a result, contracting officers may set aside acquisitions for
competition restricted to EDWOSB concerns or WOSB concerns eligible
under the WOSB Program at any dollar level above the micro-purchase
threshold, provided the other requirements for a set-aside under the
WOSB Program are met.
[[Page 37700]]
Item VIII--Deletion of Report to Congress on Foreign-Manufactured
Products (FAR Case 2013-008)
This final rule amends the FAR to eliminate an obsolete
Congressional reporting requirement imposed by the United States Troops
Readiness, Veterans' Care, Katrina Recovery, and Iraq Accountability
Appropriations Act, 2007 (41 U.S.C. 8302(b)(1)).
This Act required these reports to Congress for Fiscal Year 2007
through Fiscal Year 2011 on acquisitions of end products manufactured
outside the United States. This report to Congress is no longer
required but the collection of the data in Federal Procurement Data
System is still required (see FAR 52.225-18, Place of Manufacture).
This final rule only affects the internal operating procedures of the
Government.
Item IX--Free Trade Agreement (FTA)--Panama (FAR Case 2012-027)
This final rule adopts without change an interim rule published
November 20, 2012, which implemented a new Free Trade Agreement with
Panama (see the United States-Panama Trade Promotion Agreement
Implementation Act (Pub. L. 112-43) (19 U.S.C. 3805 note).
This Trade Promotion Agreement is a free trade agreement that
provides for mutually non-discriminatory treatment of eligible products
and services from Panama. This final rule is not expected to have a
significant economic impact on a substantial number of small entities.
Item X--Updated Postretirement Benefit (PRB) References (FAR Case 2011-
019)
This final rule amends FAR 31.205-6(o)(2)(iii)(A)(1) to remove
references to paragraphs 110, 112, and 113 of the now superseded
Financial Accounting Standard (FAS) 106, which were deleted in the
Financial Accounting Standards Board's (FASB's) Accounting Standards
Codification (ASC) of generally accepted accounting principles (GAAP)
and replaces them with explicit criteria that are their functional
equivalent. The FAR referenced GAAP to provide criteria for determining
the allowability of the transition obligation, when converting from
pay-as-you-go accounting for postretirement benefits (PRBs) to an
accrual method of accounting for the purposes of Government contract
cost accounting.
This final rule will have a minimal economic impact on small
businesses because it does not change the FAR substantively.
Item XI--Technical Amendments
Editorial changes are made at FAR 8.703, 8.714, 52.204-8, and
52.204-10.
Dated: June 13, 2013.
William Clark,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2013-14621 Filed 6-20-13; 8:45 am]
BILLING CODE 6820-EP-P
