Federal Acquisition Regulation; Iran Threat Reduction, 46782-46783 [2013-18454]

Download as PDF 46782 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations IV. Regulatory Flexibility Act DoD, GSA, and NASA have prepared a Final Regulatory Flexibility Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows: Expanding the definition of ‘‘contingency operation’’ to include responding to a Presidential declaration of a major disaster or emergency (as defined in section 102 of the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5122)) will increase the circumstances under which ‘‘contingency operations’’ may be declared, thereby allowing defense and civilian agencies to raise thresholds (i.e., micropurchase and simplified acquisition thresholds) for acquisitions made in support of emergencies in accordance with the authorities listed at FAR 18.201, and exercise preferences, such as local area set-asides or evaluation preferences. Because ‘‘local businesses’’ may vary in size and business ownership, and the locations of disasters vary, we do not expect the amendment to have a direct and sustained economic impact on a substantial number of small entities. However, there is the possibility that, because the Robert T. Stafford Disaster Relief and Emergency Assistance Act provides for a preference for local organizations, firms, and individuals when contracting for major disaster or emergency activities, implementation of the revised definition for ‘‘contingency operation’’ may increase opportunities for awarding contracts to small entities located at or near major disaster areas or emergency activities. In addition, FAR 19.502–2(a) requires simplified acquisitions during a contingency operation within the United States ($300,000 instead of $150,000) to be automatically reserved for small businesses (with the usual exceptions). The ability to restrict purchases up to two times the normal simplified acquisition threshold for small businesses will have a significant positive impact on small entities. Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat. The Regulatory Secretariat has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. mstockstill on DSK4VPTVN1PROD with RULES2 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 Subjects in 48 CFR Part 2 Government procurement. VerDate Mar<15>2010 17:52 Jul 31, 2013 Jkt 229001 Dated: July 26, 2013. William Clark, Acting Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Human Rights Act of 2012 (Pub. L. 112– 158), enacted August 10, 2012. The public comment period closed on February 8, 2013. One respondent submitted a comment. Interim Rule Adopted as Final Without Change II. Discussion and Analysis Accordingly, the interim rule amending 48 CFR part 2, which was published in the Federal Register at 78 FR 13765 on February 28, 2013 is adopted as a final rule without change. ■ [FR Doc. 2013–18448 Filed 7–31–13; 8:45 am] BILLING CODE 6820–EP–P The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the comment in the development of the final rule. A discussion of the comment and the changes made to the rule as a result of the comment is provided as follows: A. Summary of Significant Changes DEPARTMENT OF DEFENSE There are no significant changes to the FAR as a result of this final rule. GENERAL SERVICES ADMINISTRATION B. Analysis of Public Comment NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 4, 25, and 52 [FAC 2005–69; FAR Case 2012–030; Item II; Docket 2012–0030, Sequence 1] RIN 9000–AM44 Federal Acquisition Regulation; Iran Threat Reduction 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 minor changes, the interim rule amending the Federal Acquisition Regulation (FAR) to require certifications that implement the expansion of sanctions relating to the energy sector of Iran and sanctions with respect to Iran’s Revolutionary Guard Corps, as contained in titles II and III of the Iran Threat Reduction and Syria Human Rights Act of 2012. DATES: Effective: August 1, 2013. FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement Analyst, at 202–219–0202, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501– 4755. Please cite FAC 2005–69, FAR Case 2012–030. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 77 FR 73516, on December 10, 2012, to implement sections of titles II and III of the Iran Threat Reduction and Syria PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 Comment: One respondent commented that boycotts rarely work. The respondent supported military action against Iran to destroy their nuclear arms program. Response: This rule implements the expansion of sanctions relating to the energy sector of Iran and sanctions with respect to Iran’s Revolutionary Guard Corps, as contained in titles II and III of the Iran Threat Reduction and Syria Human Rights Act of 2012. The respondent’s recommendation is outside the scope of the rule and the authority of the FAR and acquisition community. C. Other Changes The final rule corrects the title of the Act at FAR 25.700(c) to read ‘‘Iran Threat Reduction and Syria Human Rights Act of 2012’’. The final rule also corrects the Web site address at FAR 25.703–3 and 52.213–3 to read http:// www.acquisition.gov. III. Executive Orders 12866 and 13563 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. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. E:\FR\FM\01AUR2.SGM 01AUR2 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations IV. Regulatory Flexibility Act The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration certify that this final rule will not have a significant economic impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because this rule will only have significant impact on an offeror that is engaging in an activity for which sanctions may be imposed under section 5 of the Iran Sanctions Act or certain transactions with Iran’s Revolutionary Guard Corps. Domestic entities generally do not engage in activity that would cause them to be subject to the procurement bans described in this rule due to current restrictions on trade with Iran (see, e.g., Department of Treasury Office of Foreign Assets Control regulations at 31 CFR 560). Accordingly, it is expected that the number of domestic entities significantly impacted by this rule will be minimal, if any. The Regulatory Flexibility Act is for the protection of United States small entities, not foreign entities. 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 Subjects in 48 CFR Parts 4, 25, and 52 Government procurement. Dated: July 26, 2013. William Clark, Acting Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. mstockstill on DSK4VPTVN1PROD with RULES2 Interim Rule Adopted as Final With Changes Accordingly, the interim rule amending 48 CFR parts 4, 25, and 52, which was published in the Federal Register at 77 FR 73516, December 10, 2012, is adopted as final with the following changes: ■ 1. The authority citation for 48 CFR parts 25 and 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 25—FOREIGN ACQUISITION 25.700 [Amended] 2. Amend section 25.700 by removing from paragraph (c) ‘‘Reduction Act’’ and adding ‘‘Reduction’’ in its place. ■ VerDate Mar<15>2010 17:52 Jul 31, 2013 Jkt 229001 25.703–3 [Amended] 3. Amend section 25.703–3 by removing from paragraph (a) ‘‘https:// www.acquisition.gov’’ and adding ‘‘http://www.acquisition.gov’’ in its place. ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Amend section 52.212–3 by revising the date of the provision and by removing from the introductory text and paragraph (b)(2) ‘‘https:// www.acquisition.gov’’ and adding ‘‘http://www.acquisition.gov’’ in its place. The revision reads as follows: ■ 52.212–3 Offeror Representations and Certifications—Commercial Items. * * * * * Offeror Representations and Certifications—Commercial Items (AUG 2013) * * * * * [FR Doc. 2013–18454 Filed 7–31–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 8, 12, 15, 17, 42, and 49 [FAC 2005–69; FAR Case 2012–009; Item III; Docket 2012–0009, Sequence 1] RIN 9000–AM09 Federal Acquisition Regulation; Documenting Contractor Performance Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to provide Governmentwide standardized past performance evaluation factors and performance rating categories and require that past performance information be entered into the Contractor Performance Assessment Reporting System (CPARS), the single Governmentwide past performance reporting system. DATES: Effective: September 3, 2013. FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202–501–1448, for SUMMARY: PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 46783 clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. Please cite FAC 2005–69, FAR Case 2012–009. SUPPLEMENTARY INFORMATION: I. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 76 FR 37704 on June 28, 2011, under FAR Case 2009–042, to implement recommendations from Government Accountability Office (GAO) Report GAO–09–374, entitled ‘‘Better Performance Information Needed to Support Agency Contract Award Decisions,’’ and Office of Federal Procurement Policy (OFPP) memorandum entitled ‘‘Improving the Use of Contractor Performance Information’’ (dated July 29, 2009). Two amendments to the proposed rule were published in the Federal Register at 76 FR 48776 on August 9, 2011, and at 76 FR 50714 on August 16, 2011. Twenty three respondents submitted comments on the proposed rule. A second proposed rule that was published in the Federal Register at 77 FR 54864 on September 6, 2012, addressed all comments received in response to the first proposed rule and, in addition, proposed to implement paragraphs (a), (b), and (d) of section 806 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81). The second proposed rule further requested comments on the merits of modifying the FAR requirements governing the appeal process to evaluate if this would improve or weaken the effectiveness of past performance policies and associated principles of impartiality and accountability. Seventeen respondents submitted comments on the second proposed rule. This rule also incorporates agency management accountability requirements from section 853 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239). In the interim, the Governmentwide Guidance for the Contractor Performance Assessment Reporting System (CPARS) was released in November 2012 and is available at http://www.cpars.gov/cparsfiles/pdfs/ CPARS-Guidance.pdf. II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the 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: E:\FR\FM\01AUR2.SGM 01AUR2

Agencies

[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46782-46783]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18454]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 25, and 52

[FAC 2005-69; FAR Case 2012-030; Item II; Docket 2012-0030, Sequence 1]
RIN 9000-AM44


Federal Acquisition Regulation; Iran Threat Reduction

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

ACTION: Final rule.

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SUMMARY: DoD, GSA, and NASA have adopted as final, with minor changes, 
the interim rule amending the Federal Acquisition Regulation (FAR) to 
require certifications that implement the expansion of sanctions 
relating to the energy sector of Iran and sanctions with respect to 
Iran's Revolutionary Guard Corps, as contained in titles II and III of 
the Iran Threat Reduction and Syria Human Rights Act of 2012.

DATES: Effective: August 1, 2013.

FOR FURTHER INFORMATION CONTACT: Ms. Cecelia L. Davis, Procurement 
Analyst, at 202-219-0202, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-69, FAR Case 2012-
030.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 77 FR 73516, on December 10, 2012, to implement sections of 
titles II and III of the Iran Threat Reduction and Syria Human Rights 
Act of 2012 (Pub. L. 112-158), enacted August 10, 2012.
    The public comment period closed on February 8, 2013. One 
respondent submitted a comment.

II. Discussion and Analysis

    The Civilian Agency Acquisition Council and the Defense Acquisition 
Regulations Council (the Councils) reviewed the comment in the 
development of the final rule. A discussion of the comment and the 
changes made to the rule as a result of the comment is provided as 
follows:

A. Summary of Significant Changes

    There are no significant changes to the FAR as a result of this 
final rule.

B. Analysis of Public Comment

    Comment: One respondent commented that boycotts rarely work. The 
respondent supported military action against Iran to destroy their 
nuclear arms program.
    Response: This rule implements the expansion of sanctions relating 
to the energy sector of Iran and sanctions with respect to Iran's 
Revolutionary Guard Corps, as contained in titles II and III of the 
Iran Threat Reduction and Syria Human Rights Act of 2012. The 
respondent's recommendation is outside the scope of the rule and the 
authority of the FAR and acquisition community.

C. Other Changes

    The final rule corrects the title of the Act at FAR 25.700(c) to 
read ``Iran Threat Reduction and Syria Human Rights Act of 2012''. The 
final rule also corrects the Web site address at FAR 25.703-3 and 
52.213-3 to read http://www.acquisition.gov.

III. Executive Orders 12866 and 13563

    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. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

[[Page 46783]]

IV. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because this rule will only 
have significant impact on an offeror that is engaging in an activity 
for which sanctions may be imposed under section 5 of the Iran 
Sanctions Act or certain transactions with Iran's Revolutionary Guard 
Corps. Domestic entities generally do not engage in activity that would 
cause them to be subject to the procurement bans described in this rule 
due to current restrictions on trade with Iran (see, e.g., Department 
of Treasury Office of Foreign Assets Control regulations at 31 CFR 
560). Accordingly, it is expected that the number of domestic entities 
significantly impacted by this rule will be minimal, if any. The 
Regulatory Flexibility Act is for the protection of United States small 
entities, not foreign entities.

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 Subjects in 48 CFR Parts 4, 25, and 52

    Government procurement.

    Dated: July 26, 2013.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule amending 48 CFR parts 4, 25, and 52, 
which was published in the Federal Register at 77 FR 73516, December 
10, 2012, is adopted as final with the following changes:

0
1. The authority citation for 48 CFR parts 25 and 52 continues to read 
as follows:

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

PART 25--FOREIGN ACQUISITION


25.700  [Amended]

0
2. Amend section 25.700 by removing from paragraph (c) ``Reduction 
Act'' and adding ``Reduction'' in its place.


25.703-3  [Amended]

0
3. Amend section 25.703-3 by removing from paragraph (a) ``https://www.acquisition.gov'' and adding ``http://www.acquisition.gov'' in its 
place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
4. Amend section 52.212-3 by revising the date of the provision and by 
removing from the introductory text and paragraph (b)(2) ``https://www.acquisition.gov'' and adding ``http://www.acquisition.gov'' in its 
place.
    The revision reads as follows:


52.212-3  Offeror Representations and Certifications--Commercial Items.

* * * * *

Offeror Representations and Certifications--Commercial Items (AUG 2013)

* * * * *
[FR Doc. 2013-18454 Filed 7-31-13; 8:45 am]
BILLING CODE 6820-EP-P