Federal Acquisition Regulation; Federal Acquisition Circular 2005-70; Introduction, 60167-60168 [2013-23704]
Download as PDF
Vol. 78
Monday,
No. 189
September 30, 2013
Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
tkelley on DSK3SPTVN1PROD with RULES4
48 CFR Chapter 1, et al.
Federal Acquisition Regulations; Final Rules
VerDate Mar<15>2010
19:34 Sep 27, 2013
Jkt 229001
PO 00000
Frm 00001
Fmt 4717
Sfmt 4717
E:\FR\FM\30SER4.SGM
30SER4
60168
Federal Register / Vol. 78, No. 189 / Monday, September 30, 2013 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
ACTION: Summary presentation of
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) 2005–70. 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 6]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–70;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
For effective dates and comment
dates see separate documents, which
follow.
DATES:
The
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–70 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:
RULE LISTED IN FAC 2005–70
Item
Subject
I ...........
II ..........
Pilot Program for Enhancement of Contractor Employee Whistleblower Protections (Interim) ..............
Allowability of Legal Costs for Whistleblower Proceedings (Interim) .......................................................
tkelley on DSK3SPTVN1PROD with RULES4
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
2005–70 amends the FAR as specified
below:
Item I—Pilot Program for Enhancement
of Contractor Employee Whistleblower
Protections (FAR Case 2013–015)
This interim rule amends the FAR to
implement a four-year pilot program to
enhance the existing whistleblower
protections for contractor employees at
subpart 3.9. In accordance with FAR
1.108(d)(3), contracting officers are
encouraged to include the changes in
these rules in major modifications to
contracts and orders awarded prior to
the effective date of this interim rule.
The pilot program is mandated by
section 828, entitled ‘‘Pilot Program for
Enhancement of Contractor Employee
Whistleblower Protections,’’ of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2013 (Pub.
L. 112–239, enacted January 2, 2013).
This rule implements section 828 by
amending FAR 3.900, Scope of subpart,
to make FAR 3.901 through 3.906
inapplicable to DoD, NASA, and the
Coast Guard and to prohibit the use of
these sections for new awards by all
other agencies subject to the FAR (title
41 agencies) through January 1, 2017.
This rule creates a new FAR section
3.908 to be used by title 41 agencies
through January 1, 2017. Other
exceptions: FAR 3.907, which addresses
whistleblower protections under the
VerDate Mar<15>2010
19:34 Sep 27, 2013
Jkt 229001
FAR Case
American Recovery and Reinvestment
Act of 2009, is unaffected by this rule.
This rule does not provide any right not
otherwise provided by law to disclose
classified information, nor does it apply
to any element of the intelligence
community, as defined in section 3(4) of
the National Security Act of 1947 (50
U.S.C. 401(a)(4)). In addition, the
interim rule applies to actions over the
simplified acquisition threshold.
Item II—Allowability of Legal Costs for
Whistleblower Proceedings (FAR Case
2013–017)
This interim rule amends the FAR by
revising the cost principle at 31.205–47
to implement sections 827(g) and 828(d)
of the NDAA for FY 2013 (Pub. L. 112–
239). There are two new whistleblower
programs for contractor and
subcontractor employees, at 10 U.S.C.
2409 and 41 U.S.C. 4712. The latter
program is a pilot program, being
addressed in FAR Case 2013–015,
amending FAR subpart 3.9. The cost
principle addresses the allowability of
legal costs incurred by a contractor or
subcontractor in connection with a
whistleblower protection proceeding
commenced by a contractor or
subcontractor employee submitting a
complaint of reprisal under the
applicable whistleblower statute.
Because most contracts awarded to
small businesses use simplified
acquisition procedures or are awarded
on a competitive, fixed-price basis, thus
limiting their exposure to the cost
principles, the impact of this interim
rule on small businesses will be
minimal.
PO 00000
Frm 00002
Fmt 4701
Sfmt 9990
2013–015
2013–017
Analyst
Corrigan.
Chambers.
Dated: September 24, 2013.
William Clark,
Acting Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2005–70 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 2005–70 is effective September
30, 2013.
Dated: September 23, 2013.
Richard Ginman,
Director, Defense Procurement and
Acquisition Policy.
Dated: September 24, 2013.
Houston Taylor,
Acting Senior Procurement Executive/Deputy
CAO, Office of Acquisition Policy, U.S.
General Services Administration.
Dated: September 23, 2013.
William P. McNally,
Assistant Administrator for Procurement,
National Aeronautics and Space
Administration.
[FR Doc. 2013–23704 Filed 9–27–13; 8:45 am]
BILLING CODE 6820–EP–P
E:\FR\FM\30SER4.SGM
30SER4
Agencies
[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 60167-60168]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-23704]
[[Page 60167]]
Vol. 78
Monday,
No. 189
September 30, 2013
Part V
Department of Defense
-----------------------------------------------------------------------
General Services Administration
-----------------------------------------------------------------------
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1, et al.
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 78 , No. 189 / Monday, September 30, 2013 /
Rules and Regulations
[[Page 60168]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2013-0076, Sequence 6]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-70; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of 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) 2005-70. 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 the FAR case. Please cite FAC 2005-70 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.
Rule Listed in FAC 2005-70
------------------------------------------------------------------------
Item Subject FAR Case Analyst
------------------------------------------------------------------------
I............. Pilot Program for 2013-015 Corrigan.
Enhancement of
Contractor
Employee
Whistleblower
Protections
(Interim).
II............ Allowability of 2013-017 Chambers.
Legal Costs for
Whistleblower
Proceedings
(Interim).
------------------------------------------------------------------------
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 2005-70 amends the FAR as specified
below:
Item I--Pilot Program for Enhancement of Contractor Employee
Whistleblower Protections (FAR Case 2013-015)
This interim rule amends the FAR to implement a four-year pilot
program to enhance the existing whistleblower protections for
contractor employees at subpart 3.9. In accordance with FAR
1.108(d)(3), contracting officers are encouraged to include the changes
in these rules in major modifications to contracts and orders awarded
prior to the effective date of this interim rule. The pilot program is
mandated by section 828, entitled ``Pilot Program for Enhancement of
Contractor Employee Whistleblower Protections,'' of the National
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L.
112-239, enacted January 2, 2013). This rule implements section 828 by
amending FAR 3.900, Scope of subpart, to make FAR 3.901 through 3.906
inapplicable to DoD, NASA, and the Coast Guard and to prohibit the use
of these sections for new awards by all other agencies subject to the
FAR (title 41 agencies) through January 1, 2017. This rule creates a
new FAR section 3.908 to be used by title 41 agencies through January
1, 2017. Other exceptions: FAR 3.907, which addresses whistleblower
protections under the American Recovery and Reinvestment Act of 2009,
is unaffected by this rule. This rule does not provide any right not
otherwise provided by law to disclose classified information, nor does
it apply to any element of the intelligence community, as defined in
section 3(4) of the National Security Act of 1947 (50 U.S.C.
401(a)(4)). In addition, the interim rule applies to actions over the
simplified acquisition threshold.
Item II--Allowability of Legal Costs for Whistleblower Proceedings (FAR
Case 2013-017)
This interim rule amends the FAR by revising the cost principle at
31.205-47 to implement sections 827(g) and 828(d) of the NDAA for FY
2013 (Pub. L. 112-239). There are two new whistleblower programs for
contractor and subcontractor employees, at 10 U.S.C. 2409 and 41 U.S.C.
4712. The latter program is a pilot program, being addressed in FAR
Case 2013-015, amending FAR subpart 3.9. The cost principle addresses
the allowability of legal costs incurred by a contractor or
subcontractor in connection with a whistleblower protection proceeding
commenced by a contractor or subcontractor employee submitting a
complaint of reprisal under the applicable whistleblower statute.
Because most contracts awarded to small businesses use simplified
acquisition procedures or are awarded on a competitive, fixed-price
basis, thus limiting their exposure to the cost principles, the impact
of this interim rule on small businesses will be minimal.
Dated: September 24, 2013.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2005-70 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 2005-70 is
effective September 30, 2013.
Dated: September 23, 2013.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: September 24, 2013.
Houston Taylor,
Acting Senior Procurement Executive/Deputy CAO, Office of Acquisition
Policy, U.S. General Services Administration.
Dated: September 23, 2013.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2013-23704 Filed 9-27-13; 8:45 am]
BILLING CODE 6820-EP-P