Federal Acquisition Regulation; Technical Amendments, 46795-46796 [2013-18465]
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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)
*
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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 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
*
*
*
*
*
[FR Doc. 2013–18464 Filed 7–31–13; 8:45 am]
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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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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
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Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations
b. Removing from paragraph (a)(2) of
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 its
place.
The revision reads as follows:
■
52.222–54 Employment Eligibility
Verification.
*
*
*
*
*
*
*
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2013–0078; Sequence 5]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–69;
Small Entity Compliance Guide
*
Employment Eligibility Verification
(Aug, 2013)
*
DEPARTMENT OF DEFENSE
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCY:
*
[FR Doc. 2013–18465 Filed 7–31–13; 8:45 am]
BILLING CODE 6820–EP–P
This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
SUMMARY:
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)
2005–69, 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 2005–69, which
precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
DATES: August 1, 2013.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–69 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 2005–69
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 Delivery Order 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:
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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
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FAR Case
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
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2013–003
2012–030
2012–009
2013–011
2013–009
2013–006
Analyst
Corrigan.
Davis.
Glover.
Jackson.
Davis.
Petrusek.
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.
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]]>Agencies
[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46795-46796]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18465]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 22, and 52
[FAC 2005-69; Item VII; Docket 2013-0080; Sequence 4]
Federal Acquisition Regulation; Technical Amendments
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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.
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:
0
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
2.101 [Amended]
0
2. Amend section 2.101, in paragraph (b)(2), in the definition
``Commercially available off-the-shelf (COTS) item'', by--
0
a. Removing ``(COTS) item'' and adding ``(COTS) item--'' in its place;
and
0
b. In paragraph (2) of the definition 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 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1801 [Amended]
0
3. Amend section 22.1801, in the definition ``Commercially available
off-the-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
0
4. Amend section 52.209-6 by--
0
a. Revising the date of the clause; and
0
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)
* * * * *
0
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).
* * * * *
0
6. Amend section 52.222-54 by--
0
a. Revising the date of the clause; and
[[Page 46796]]
0
b. Removing from paragraph (a)(2) of 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
its place.
The revision reads as follows:
52.222-54 Employment Eligibility Verification.
* * * * *
Employment Eligibility Verification (Aug, 2013)
* * * * *
[FR Doc. 2013-18465 Filed 7-31-13; 8:45 am]
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