Federal Acquisition Regulation; Update to Biobased Reporting Requirements, 46794-46795 [2013-18464]
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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)
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ll (41) 52.225–5, Trade Agreements
(Sep 2013) (19 U.S.C. 2501, et seq., 19
U.S.C. 3301 note).
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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)
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[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
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AGENCY:
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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.
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Buy American Act—Construction
Materials Under Trade Agreements
(SEP 2013)
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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
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52.225–23 Required Use of American Iron,
Steel, and Manufactured Goods—Buy
American Act—Construction Materials
Under Trade Agreements.
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VerDate Mar<15>2010
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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, https://
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:
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52.223–2 Affirmative Procurement of
Biobased Products Under Service and
Construction Contracts.
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Affirmative Procurement of Biobased
Products Under Service and
Construction Contracts. (Sept, 2013)
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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.
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(1) Report to https://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
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[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
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PO 00000
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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.
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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:
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52.209–6 Protecting the Government’s
Interest When Subcontracting with
Contractors Debarred, Suspended, or
Proposed for Debarment.
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Protecting the Government’s Interest
When Subcontracting With Contractors
Debarred, Suspended, or Proposed for
Debarment (Aug, 2013)
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5. Amend section 52.212–5 by
revising the date of the clause and
paragraph (b)(6) to read as follows:
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52.212–5 Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items.
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Contract Terms and Conditions
Required To Implement Statutes or
Executive Orders—Commercial Items
(Aug, 2013)
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(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).
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■ 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, https://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 https://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
