Federal Acquisition Regulation; Update to Biobased Reporting Requirements, 46794-46795 [2013-18464]

Download as PDF 46794 Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (SEP 2013) * * * * * (b) * * * ll (41) 52.225–5, Trade Agreements (Sep 2013) (19 U.S.C. 2501, et seq., 19 U.S.C. 3301 note). * * * * * 4. Amend section 52.225–5 by— ■ a. Revising the date of the clause; and ■ b. Removing from paragraph (a) in the definition ‘‘Designated country’’ in paragraph (3) ‘‘East Timor,’’ and ‘‘Maldives,’’ and adding, in alphabetical order, ‘‘South Sudan,’’ and ‘‘TimorLeste,’’. The revision reads as follows: ■ 52.225–5 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements. (SEP 2013) * * * * * [FR Doc. 2013–18463 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 52 [FAC 2005–69; FAR Case 2013–006; Item VI; Docket 2013–0006, Sequence 1] RIN 9000–AM63 Trade Agreements. Trade Agreements (SEP 2013) Federal Acquisition Regulation; Update to Biobased Reporting Requirements * AGENCY: * * * * * * * * * 5. Amend section 52.225–11 by— ■ a. Revising the date of the clause; and ■ b. Removing from paragraph (a) in the definition ‘‘Designated country’’ in paragraph (3) ‘‘East Timor,’’ and ‘‘Maldives,’’ and adding, in alphabetical order, ‘‘South Sudan,’’ and ‘‘TimorLeste,’’. The revision reads as follows: ■ 52.225–11 Buy American Act— Construction Materials Under Trade Agreements. * * * * * Buy American Act—Construction Materials Under Trade Agreements (SEP 2013) * * * * * 6. Amend section 52.225–23 by— ■ a. Revising the date of the clause; ■ b. Removing from paragraph (a) in the definition ‘‘Designated country’’ in paragraph (3) ‘‘East Timor,’’ and ‘‘Maldives,’’ and adding, in alphabetical order, ‘‘South Sudan,’’ and ‘‘TimorLeste,’’; and ■ c. Removing from paragraph (a) in the definition ‘‘Recovery Act designated country’’ in paragraph (3) ‘‘East Timor,’’ and ‘‘Maldives,’’ and adding, in alphabetical order, ‘‘South Sudan,’’ and ‘‘Timor-Leste,’’. The revision reads as follows: mstockstill on DSK4VPTVN1PROD with RULES2 ■ 52.225–23 Required Use of American Iron, Steel, and Manufactured Goods—Buy American Act—Construction Materials Under Trade Agreements. * * * VerDate Mar<15>2010 * * 19:21 Jul 31, 2013 Jkt 229001 Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to revise the biobased reporting clause to require the contractor to submit the annual biobased report to a new Governmentwide Web site instead of the agency environmental point of contact. DATE: Effective: September 3, 2013 FOR FURTHER INFORMATION CONTACT: Ms. Marissa Petrusek, Procurement Analyst, at 202–501–0136, 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 2013–006. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA are revising the clause at FAR 52.223–2, Affirmative Procurement of Biobased Products Under Service and Construction Contracts, to reflect new reporting instructions for the annual biobased report; the reports will be submitted to a new Web site rather than to an agency point of contact. For reporting in 2012, the Department of Agriculture provided a reporting site that was intended to be available for one year only. The Web site to be used for the annual Biobased reports due at the end of October 2013, http:// www.sam.gov, is intended to be the PO 00000 Frm 00016 Fmt 4701 Sfmt 4700 permanent site used for reporting this information. The new Web site is a Governmentwide site that allows contractors to submit a report on a contract-by-contract basis at any time throughout the year, improving consistency in reporting across Federal agencies with the goal of increasing Federal procurement of biobased products. The new Web site also generates a Governmentwide report for agency use. In addition, the new Web site includes instructions on how to complete the report and frequently asked questions. II. Publication of This Final Rule for Public Comment Is Not Required by Statute ‘‘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 submission of the report was already required and changing the Web site to which the report is submitted will have no cost or other impact on contractors. These requirements affect only the internal operating procedures of the Government. 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 E.O. 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 GENERAL SERVICES ADMINISTRATION V. Paperwork Reduction Act 48 CFR Parts 2, 22, and 52 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 52 Government procurement. Dated: July 26, 2013. William Clark, Acting Director, Office of Government-wide Acquisition Policy, Office of Governmentwide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth below: PART 52–SOLICITATION PROVISIONS AND CONTRACT CLAUSES 1. The authority citation for 48 CFR part 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. 2. Amend section 52.223–2 by— ■ a. Revising the date of the clause and paragraph (c)(1); ■ b. Removing from paragraph (c)(2)(ii) ‘‘; and’’ and adding a period in its place; and ■ c. Removing paragraphs (c)(3) and (d). 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. (Sept, 2013) * mstockstill on DSK4VPTVN1PROD with RULES2 section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘bulk cargo, as defined in 46 U.S.C. 40102(4)’’ in its place. DEPARTMENT OF DEFENSE The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant FAR revision and 41 U.S.C. 1707 does not require publication for public comment. * * * * (c) * * * (1) Report to http://www.sam.gov, with a copy to the Contracting Officer, on the product types and dollar value of any USDAdesignated biobased products purchased by the Contractor during the previous Government fiscal year, between October 1 and September 30; and * * * * * [FR Doc. 2013–18464 Filed 7–31–13; 8:45 am] BILLING CODE 6820–EP–P VerDate Mar<15>2010 17:52 Jul 31, 2013 Jkt 229001 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective: August 1, 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 2005–69, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 2, 22, 29, and 52, this document makes editorial changes to the FAR. SUMMARY: List of Subject in 48 CFR Parts 2, 22, 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. Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 22, 29, and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 2, 22, 29, 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 2—DEFINITIONS OF WORDS AND TERMS [Amended] 2. Amend section 2.101, in paragraph (b)(2), in the definition ‘‘Commercially available off-the-shelf (COTS) item’’, by— ■ a. Removing ‘‘(COTS) item’’ and adding ‘‘(COTS) item—’’ in its place; and ■ b. In paragraph (2) of the definition removing ‘‘bulk cargo, as defined in ■ PO 00000 Frm 00017 Fmt 4701 Sfmt 4700 PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.1801 [FAC 2005–69; Item VII; Docket 2013–0080; Sequence 4] 2.101 46795 [Amended] 3. Amend section 22.1801, in the definition ‘‘Commercially available offthe-shelf (COTS) item’’, paragraph (2), by removing ‘‘bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘bulk cargo, as defined in 46 U.S.C. 40102(4)’’ in its place. ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 4. Amend section 52.209–6 by— a. Revising the date of the clause; and b. Removing from paragraph (a)(2) in the definition ‘‘Commercially available off-the-shelf (COTS) item’’ the words ‘‘bulk cargo, as defined in section 3 of the Shipping Act of 1984 (46 U.S.C. App. 1702)’’ and adding ‘‘bulk cargo, as defined in 46 U.S.C. 40102(4)’’ in their place. The revision reads as follows: ■ ■ ■ 52.209–6 Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. * * * * * Protecting the Government’s Interest When Subcontracting With Contractors Debarred, Suspended, or Proposed for Debarment (Aug, 2013) * * * * * 5. Amend section 52.212–5 by revising the date of the clause and paragraph (b)(6) to read as follows: ■ 52.212–5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items. * * * * * Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Aug, 2013) * * * * * (b) * * * (6) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment. (Aug, 2013) (31 U.S.C. 6101 note). * * * * * ■ 6. Amend section 52.222–54 by— ■ a. Revising the date of the clause; and E:\FR\FM\01AUR2.SGM 01AUR2

Agencies

[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46794-46795]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18464]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAC 2005-69; FAR Case 2013-006; Item VI; Docket 2013-0006, Sequence 1]
RIN 9000-AM63


Federal Acquisition Regulation; Update to Biobased Reporting 
Requirements

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

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to revise the biobased reporting 
clause to require the contractor to submit the annual biobased report 
to a new Governmentwide Web site instead of the agency environmental 
point of contact.

DATE: Effective: September 3, 2013

FOR FURTHER INFORMATION CONTACT: Ms. Marissa Petrusek, Procurement 
Analyst, at 202-501-0136, 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-
006.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA are revising the clause at FAR 52.223-2, 
Affirmative Procurement of Biobased Products Under Service and 
Construction Contracts, to reflect new reporting instructions for the 
annual biobased report; the reports will be submitted to a new Web site 
rather than to an agency point of contact.
    For reporting in 2012, the Department of Agriculture provided a 
reporting site that was intended to be available for one year only. The 
Web site to be used for the annual Biobased reports due at the end of 
October 2013, http://www.sam.gov, is intended to be the permanent site 
used for reporting this information. The new Web site is a 
Governmentwide site that allows contractors to submit a report on a 
contract-by-contract basis at any time throughout the year, improving 
consistency in reporting across Federal agencies with the goal of 
increasing Federal procurement of biobased products. The new Web site 
also generates a Governmentwide report for agency use. In addition, the 
new Web site includes instructions on how to complete the report and 
frequently asked questions.

II. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``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 submission of the report was already required and changing the 
Web site to which the report is submitted will have no cost or other 
impact on contractors. These requirements affect only the internal 
operating procedures of the Government.

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 E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

[[Page 46795]]

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not constitute a significant FAR revision and 41 
U.S.C. 1707 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 52

    Government procurement.

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

    Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth 
below:

PART 52-SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
1. The authority citation for 48 CFR part 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.


0
2. Amend section 52.223-2 by--
0
a. Revising the date of the clause and paragraph (c)(1);
0
b. Removing from paragraph (c)(2)(ii) ``; and'' and adding a period in 
its place; and
0
c. Removing paragraphs (c)(3) and (d).
    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. (Sept, 2013)

* * * * *
    (c) * * *
    (1) Report to http://www.sam.gov, with a copy to the Contracting 
Officer, on the product types and dollar value of any USDA-
designated biobased products purchased by the Contractor during the 
previous Government fiscal year, between October 1 and September 30; 
and
* * * * *
[FR Doc. 2013-18464 Filed 7-31-13; 8:45 am]
BILLING CODE 6820-EP-P