Federal Acquisition Regulation; Federal Acquisition Circular 2005-69; Small Entity Compliance Guide, 46796-46797 [2013-18466]
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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:
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
VerDate Mar<15>2010
17:52 Jul 31, 2013
Jkt 229001
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
PO 00000
Frm 00018
Fmt 4701
Sfmt 4700
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.
E:\FR\FM\01AUR2.SGM
01AUR2
Federal Register / Vol. 78, No. 148 / Thursday, August 1, 2013 / Rules and Regulations
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 taskorder 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)
mstockstill on DSK4VPTVN1PROD with RULES2
This final rule amends the FAR in
parts 25 and 52 to revise the definitions
of ‘‘designated country’’ and ‘‘least
developed country,’’ adding South
VerDate Mar<15>2010
17:52 Jul 31, 2013
Jkt 229001
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.
PO 00000
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.
[FR Doc. 2013–18466 Filed 7–31–13; 8:45 am]
BILLING CODE 6820–EP–P
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]]>Agencies
[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46796-46797]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-18466]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
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
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of DOD, GSA,
and NASA. This Small Entity Compliance Guide has been prepared in
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 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 2013-011 Jackson.
Certain Protests of Task
or Delivery Order
Contracts.
V...................................... Least Developed Countries 2013-009 Davis.
that are Designated
Countries.
VI..................................... Update to Biobased 2013-006 Petrusek.
Reporting 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.
[[Page 46797]]
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 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.
[FR Doc. 2013-18466 Filed 7-31-13; 8:45 am]
BILLING CODE 6820-EP-P
