Federal Acquisition Regulation; Federal Acquisition Circular 2005-69; Introduction, 46779-46781 [2013-18460]

Download as PDF Vol. 78 Thursday, No. 148 August 1, 2013 Part IV Department of Defense General Services Administration National Aeronautics and Space Administration mstockstill on DSK4VPTVN1PROD with RULES2 48 CFR Chapter 1 Federal Acquisition Regulations; Final Rules VerDate Mar<15>2010 19:21 Jul 31, 2013 Jkt 229001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\01AUR2.SGM 01AUR2 46780 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of final and interim rules. DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) in this Federal Acquisition Circular (FAC) 2005–69. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http:// www.regulations.gov. SUMMARY: 48 CFR Chapter 1 [Docket FAR 2013–0076; Sequence 5] Federal Acquisition Regulation; Federal Acquisition Circular 2005–69; Introduction Department of Defense (DoD), General Services Administration (GSA), AGENCIES: For effective dates and comment dates see separate documents, which follow. DATES: The analyst whose name appears in the table below in relation to each FAR case. Please cite FAC 2005–69 and the specific FAR case numbers. 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 2005–69 Item Subject I .................................. II ................................. III ................................ IV ................................ V ................................. VI ................................ VII ............................... Definition of Contingency Operation ....................................................................................... Iran Threat Reduction ............................................................................................................. Documenting Contractor Performance ................................................................................... Repeal of Sunset for Certain Protests of Task or DeliveryOrder Contracts .......................... Least Developed Countries that are Designated Countries ................................................... Update to Biobased Reporting Requirements ........................................................................ 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 subjects set forth in the documents following these item summaries. FAC 2005–69 amends the FAR as specified below: mstockstill on DSK4VPTVN1PROD with RULES2 Item I—Definition of Contingency Operation (FAR Case 2013–003) This final rule amends, without change, the interim rule published in the Federal Register at 78 FR 13765 on February 28, 2013, revising 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. 112–81). Expanding the definition to include responding to a major disaster or emergency will increase the circumstances under which agencies may raise the micropurchase and simplified acquisition thresholds. This may increase opportunities for awarding contracts to small entities located at or near a major disaster area or emergency activities. Item II—Iran Threat Reduction (FAR Case 2012–030) This final rule adopts the interim rule published in the Federal Register at 77 FR 73516, on December 10, 2013, with VerDate Mar<15>2010 17:52 Jul 31, 2013 Jkt 229001 FAR Case 2013–003 2012–030 2012–009 2013–011 2013–009 2013–006 Analyst Corrigan. Davis. Glover. Jackson. Davis. Petrusek. minor changes. The interim rule amended the 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. This final rule will not have a significant economic impact on a substantial number of small entities. As a result, the certification required in this case ensures that contracting officers will not award to offerors that engage in transactions with the Iran Revolutionary Guard Corps that exceed $3,000. the evaluation of contractor performance. This rule specifically impacts contracting officers and contractors by clarifying the evaluation factors and performance ratings in the FAR. The rule also requires that all past performance information be entered into CPARS. The rule does not have a significant economic impact on small entities because the rule does not impose any additional requirements on small business. Item III—Documenting Contractor Performance (FAR Case 2012–009) This final rule revises the FAR to implement a section of the 2013 National Defense Authorization Act (Pub. L. 112–239) for agencies covered by title 10 of the United States Code, namely DoD, NASA, and Coast Guard. This section removes the sunset date for protests against the issuance or proposed issuance of an order, valued at more than $10 million, under a taskorder contract or delivery-order contract for title 10 agencies only. This rule does not affect title 41 agencies. This rule amends FAR part 42 to provide Governmentwide standardized past performance evaluation factors and performance ratings, and to require all past performance information be entered into the Contractor Performance Assessment Reporting System (CPARS). This change is required by statute, as well as by the Office of Federal Procurement Policy, which requested that FAR part 42 be revised to include recommendations from the Government Accountability Office Report GAO–09– 374, Better Performance Information Needed to Support Agency Contract Award Decisions, to provide Governmentwide standardized evaluation factors and rating scales for PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Item IV—Repeal of Sunset for Certain Protests of Task and Delivery Order Contracts (FAR Case 2013–011) Item V—Least Developed Countries That Are Designated Countries (FAR Case 2013–009) This final rule amends the FAR in parts 25 and 52 to revise the definitions of ‘‘designated country’’ and ‘‘least developed country,’’ adding South E:\FR\FM\01AUR2.SGM 01AUR2 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations Sudan, removing the Maldives, and changing the name of East Timor to Timor-Leste. The United States Trade Representative (USTR) list of least developed countries that are designated as eligible countries under the Trade Agreements Act is derived from the United Nations Least Developed Countries List. The USTR has updated the list of least developed countries that are treated as designated countries. In acquisitions that are covered by the World Trade Organization Government Procurement Agreement, contracting officers must acquire only U.S.-made or designated country end products, or U.S. or designated country services, unless offers of such end products or services are not received or are insufficient to fulfill the requirement (FAR 25.403(c)). This final rule will not have a significant economic impact on small entities. Item VI—Update to Biobased Reporting Requirements (FAR Case 2013–006) This final rule amends the clause at FAR 52.223–2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, to replace the requirement for agencies to insert the agency environmental point of contact with a single Web site for contractors to submit the annual biobased report. The Web site has instructions and frequently asked questions. Item VII—Technical Amendments Editorial changes are made at FAR 2.101, 22.1801, 29.401–3, 52.209–6, 52.212–5 and 52.222–54. [FR Doc. 2013–18460 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 Part 2 [FAC 2005–69; FAR Case 2013–003; Item I; Docket 2013–0003, Sequence 1] RIN 9000–AM48 Federal Acquisition Regulation; Definition of Contingency Operation Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA, and NASA have adopted as final, without change, an interim rule amending the Federal Acquisition Regulation (FAR) to revise the definition of ‘‘contingency operation’’ to address the statutory change to the definition made by the National Defense Authorization Act for Fiscal Year 2012. DATES: Effective: August 1, 2013. FOR FURTHER INFORMATION CONTACT: Ms. Patricia Corrigan, Procurement Analyst, at 202–208–1963, 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 2013–003. SUPPLEMENTARY INFORMATION: SUMMARY: 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 Dated: July 23, 2013. Richard Ginman, Deputy Director, Defense Procurement and Acquisition Policy. Dated: July 26, 2013. Laura Auletta, Acting Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: July 25, 2013. William P. McNally, Director, Contract Management Division, Office of Procurement, National Aeronautics and Space Administration. Federal Acquisition Circular (FAC) 2005–69 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005–69 is effective August 1, 2013. I. Background DoD, GSA, and NASA published an interim rule in the Federal Register at 78 FR 13765 on February 28, 2013, amending the FAR to revise the definition of ‘‘contingency operation’’ at FAR 2.101 in accordance with the VerDate Mar<15>2010 17:52 Jul 31, 2013 Jkt 229001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 46781 statutory change to the definition made by paragraph (b) of section 515 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81, enacted December 31, 2011). The definition of ‘‘contingency operation’’ was amended at 10 U.S.C. 101(a)(13) by adding ‘‘12304a’’. Paragraph (a) of section 515 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81), entitled ‘‘Authority to Order Army Reserve, Navy Reserve, Marine Corps Reserve, and Air Force Reserve to Active Duty to Provide Assistance in Response to a Major Disaster or Emergency,’’ amends chapter 1209 of title 10, United States Code, by incorporating a new provision at section 12304a that provides for treatment of an operation as a contingency operation when the Secretary of Defense activates Reserves under the terms of 10 U.S.C. 12304a in response to a Governor’s request for Federal assistance in responding to a major disaster or emergency declared by the President. The interim rule therefore added a reference to 10 U.S.C. 12304a (from section 515 of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 112–81)) to the list of references in section (2) of the definition of ‘‘contingency operation’’ in FAR 2.101, Definitions. II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) reviewed the public comments in the development of the final rule. Only one comment was received. The respondent indicated that it concurred with the interim rule. Therefore, no change to the interim rule was deemed necessary for the final rule. 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

Agencies

[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46779-46781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18460]



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48 CFR Chapter 1





Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 78 , No. 148 / Thursday, August 1, 2013 / 
Rules and Regulations

[[Page 46780]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2013-0076; Sequence 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-69; Introduction

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

ACTION: Summary presentation of final and interim rules.

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

SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2005-69. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is available via the Internet at http://www.regulations.gov.

DATES: For effective dates and comment dates see separate documents, 
which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to each FAR case. Please cite FAC 2005-69 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.

                                          List of Rules in FAC 2005-69
----------------------------------------------------------------------------------------------------------------
                  Item                               Subject                 FAR Case             Analyst
----------------------------------------------------------------------------------------------------------------
I......................................  Definition of Contingency              2013-003  Corrigan.
                                          Operation.
II.....................................  Iran Threat Reduction..........        2012-030  Davis.
III....................................  Documenting Contractor                 2012-009  Glover.
                                          Performance.
IV.....................................  Repeal of Sunset for Certain           2013-011  Jackson.
                                          Protests of Task or
                                          DeliveryOrder Contracts.
V......................................  Least Developed Countries that         2013-009  Davis.
                                          are Designated Countries.
VI.....................................  Update to Biobased Reporting           2013-006  Petrusek.
                                          Requirements.
VII....................................  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 subjects set forth in the documents 
following these item summaries. FAC 2005-69 amends the FAR as specified 
below:

Item I--Definition of Contingency Operation (FAR Case 2013-003)

    This final rule amends, without change, the interim rule published 
in the Federal Register at 78 FR 13765 on February 28, 2013, revising 
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. 
112-81). Expanding the definition to include responding to a major 
disaster or emergency will increase the circumstances under which 
agencies may raise the micropurchase and simplified acquisition 
thresholds. This may increase opportunities for awarding contracts to 
small entities located at or near a major disaster area or emergency 
activities.

Item II--Iran Threat Reduction (FAR Case 2012-030)

    This final rule adopts the interim rule published in the Federal 
Register at 77 FR 73516, on December 10, 2013, with minor changes. The 
interim rule amended the 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. This final rule will not have a significant 
economic impact on a substantial number of small entities. As a result, 
the certification required in this case ensures that contracting 
officers will not award to offerors that engage in transactions with 
the Iran Revolutionary Guard Corps that exceed $3,000.

Item III--Documenting Contractor Performance (FAR Case 2012-009)

    This rule amends FAR part 42 to provide Governmentwide standardized 
past performance evaluation factors and performance ratings, and to 
require all past performance information be entered into the Contractor 
Performance Assessment Reporting System (CPARS).
    This change is required by statute, as well as by the Office of 
Federal Procurement Policy, which requested that FAR part 42 be revised 
to include recommendations from the Government Accountability Office 
Report GAO-09-374, Better Performance Information Needed to Support 
Agency Contract Award Decisions, to provide Governmentwide standardized 
evaluation factors and rating scales for the evaluation of contractor 
performance.
    This rule specifically impacts contracting officers and contractors 
by clarifying the evaluation factors and performance ratings in the 
FAR. The rule also requires that all past performance information be 
entered into CPARS. The rule does not have a significant economic 
impact on small entities because the rule does not impose any 
additional requirements on small business.

Item IV--Repeal of Sunset for Certain Protests of Task and Delivery 
Order Contracts (FAR Case 2013-011)

    This final rule revises the FAR to implement a section of the 2013 
National Defense Authorization Act (Pub. L. 112-239) for agencies 
covered by title 10 of the United States Code, namely DoD, NASA, and 
Coast Guard. This section removes the sunset date for protests against 
the issuance or proposed issuance of an order, valued at more than $10 
million, under a task-order contract or delivery-order contract for 
title 10 agencies only. This rule does not affect title 41 agencies.

Item V--Least Developed Countries That Are Designated Countries (FAR 
Case 2013-009)

    This final rule amends the FAR in parts 25 and 52 to revise the 
definitions of ``designated country'' and ``least developed country,'' 
adding South

[[Page 46781]]

Sudan, removing the Maldives, and changing the name of East Timor to 
Timor-Leste. The United States Trade Representative (USTR) list of 
least developed countries that are designated as eligible countries 
under the Trade Agreements Act is derived from the United Nations Least 
Developed Countries List. The USTR has updated the list of least 
developed countries that are treated as designated countries. In 
acquisitions that are covered by the World Trade Organization 
Government Procurement Agreement, contracting officers must acquire 
only U.S.-made or designated country end products, or U.S. or 
designated country services, unless offers of such end products or 
services are not received or are insufficient to fulfill the 
requirement (FAR 25.403(c)). This final rule will not have a 
significant economic impact on small entities.

Item VI--Update to Biobased Reporting Requirements (FAR Case 2013-006)

    This final rule amends the clause at FAR 52.223-2, Affirmative 
Procurement of Biobased Products Under Service and Construction 
Contracts, to replace the requirement for agencies to insert the agency 
environmental point of contact with a single Web site for contractors 
to submit the annual biobased report. The Web site has instructions and 
frequently asked questions.

Item VII--Technical Amendments

    Editorial changes are made at FAR 2.101, 22.1801, 29.401-3, 52.209-
6, 52.212-5 and 52.222-54.

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

    Federal Acquisition Circular (FAC) 2005-69 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-69 is 
effective August 1, 2013.

    Dated: July 23, 2013.
Richard Ginman,
Deputy Director, Defense Procurement and Acquisition Policy.
    Dated: July 26, 2013.
Laura Auletta,
Acting Senior Procurement Executive/Deputy CAO, Office of Acquisition 
Policy, U.S. General Services Administration.
    Dated: July 25, 2013.
William P. McNally,
Director, Contract Management Division, Office of Procurement, National 
Aeronautics and Space Administration.

[FR Doc. 2013-18460 Filed 7-31-13; 8:45 am]
BILLING CODE 6820-EP-P