Federal Acquisition Regulation; Federal Acquisition Circular 2005-71; Small Entity Compliance Guide, 70482-70483 [2013-28056]

Download as PDF 70482 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations PART 31—CONTRACT COST PRINCIPLES AND PROCEDURES 31.205–6 Line item No. Country of origin [Amended] 2. Amend section 31.205–6 by removing from paragraph (p)(2)(ii) ‘‘January 1, 1998’’ and adding ‘‘January 1, 2012’’ in its place, (two times). ■ PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Revise section 52.202–1 to read as follows: ■ 52.202–1 Definitions. As prescribed in 2.201, insert the following clause: Definitions (Nov 2013) When a solicitation provision or contract clause uses a word or term that is defined in the Federal Acquisition Regulation (FAR), the word or term has the same meaning as the definition in FAR 2.101 in effect at the time the solicitation was issued, unless— (a) The solicitation, or amended solicitation, provides a different definition; (b) The contracting parties agree to a different definition; (c) The part, subpart, or section of the FAR where the provision or clause is prescribed provides a different meaning; or (d) The word or term is defined in FAR Part 31, for use in the cost principles and procedures. (End of clause) 4. Amend section 52.212–3 by revising the date of the provision and paragraphs (g)(5) and (h)(3) to read as follows: ■ [List as necessary] (iii) The Government will evaluate offers in accordance with the policies and procedures of FAR Part 25. For line items covered by the WTO GPA, the Government will evaluate offers of U.S.made or designated country end products without regard to the restrictions of the Buy American Act. The Government will consider for award only offers of U.S.-made or designated country end products unless the Contracting Officer determines that there are no offers for such products or that the offers for such products are insufficient to fulfill the requirements of the solicitation. (h) * * * (3) b Are, b are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses enumerated in paragraph (h)(2) of this clause; and * * * * * ■ 5. Amend section 52.212–5 by— ■ a. Revising the date of the clause; ■ b. Revising paragraphs (b)(34) and (e)(1)(xii); and ■ c. Amending Alternate II by revising the date of the Alternate and paragraph (e)(1)(ii)(L). The revised text reads as follows: 52.212–3 Offeror Representations and Certifications—Commercial Items. 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. * * * * * * Offeror Representations and Certifications—Commercial Items (Nov 2013) sroberts on DSK5SPTVN1PROD with RULES * * * * * (g) * * * (5) Trade Agreements Certificate. (Applies only if the clause at FAR 52.225–5, Trade Agreements, is included in this solicitation.) (i) The offeror certifies that each end product, except those listed in paragraph (g)(5)(ii) of this provision, is a U.S.-made or designated country end product, as defined in the clause of this solicitation entitled ‘‘Trade Agreements’’. (ii) The offeror shall list as other end products those end products that are not U.S.-made or designated country end products. Other End Products: VerDate Mar<15>2010 19:27 Nov 22, 2013 Jkt 005300 * * * * (ii) * * * (L) 52.222–54, Employment Eligibility Verification (Aug 2013). * * * * * ■ 6. Amend section 52.213–4 by— ■ a. Revising the date of the clause; ■ b. Redesignating paragraphs (a)(2)(v) through (a)(2)(viii) as paragraphs (a)(2)(vi) through (a)(2)(ix); ■ c. Adding a new paragraph (a)(2)(v); ■ d. Removing the newly redesignated paragraph (a)(2)(ix); and ■ e. Revising paragraph (b)(2)(i). The revised and added text reads as follows: 52.213–4 Terms and Conditions— Simplified Acquisitions (Other Than Commercial Items). * * * * * Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (Nov 2013) (a) * * * (2) * * * (v) 52.232–39, Unenforceability of Unauthorized Obligations (Jun 2013). * * * * * (b) * * * (2) * * * (i) 52.209–6, Protecting the Government’s Interest When Subcontracting with Contractors Debarred, Suspended, or Proposed for Debarment (Aug 2013) (Applies to contracts over $30,000). * * * * * [FR Doc. 2013–28055 Filed 11–22–13; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION Contract Terms and Conditions Required To Implement Statutes or Executive Orders—Commercial Items (Nov 2013) NATIONAL AERONAUTICS AND SPACE ADMINISTRATION * 48 CFR Chapter 1 * * * * (b) * * * (34) 52.222–54, Employment Eligibility Verification (Aug 2013). (Executive Order 12989). (Not applicable to the acquisition of commercially available off-the-shelf items or certain other types of commercial items as prescribed in 22.1803.) * * * * * (e) * * * (1) * * * (xii) 52.222–54, Employment Eligibility Verification (Aug 2013). * * * * * Alternate II (Nov 2013). * * * (e)(1) * * * PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 [Docket No. FAR 2013–0078, Sequence No. 7] Federal Acquisition Regulation; Federal Acquisition Circular 2005–71; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. AGENCY: 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 SUMMARY: E:\FR\FM\25NOR3.SGM 25NOR3 Federal Register / Vol. 78, No. 227 / Monday, November 25, 2013 / Rules and Regulations Small Business Regulatory Enforcement Fairness Act of 1996. It consists of a summary of the rules appearing in Federal Acquisition Circular (FAC) 2005–71, 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 these rules by referring to FAC 2005–71, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. DATES: November 25, 2013. 70483 For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–71 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. FOR FURTHER INFORMATION CONTACT: RULES LISTED IN FAC 2005–71 Item Subject *I ..................... II ...................... III ..................... Accelerated Payments to Small Business Subcontractors .......................................................... New Designated Country—Croatia .............................................................................................. 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 2005–71 amends the FAR as specified below: Item I—Accelerated Payments to Small Business Subcontractors (FAR Case 2012–031) sroberts on DSK5SPTVN1PROD with RULES This final rule amends the FAR to add a new clause, Providing Accelerated Payments to Small Business Subcontractors, as part of the implementation of OMB Memorandum M–12–16, Providing Prompt Payment to Small Business Subcontractors (as extended by OMB Memorandum M–13– 15, Extension of Policy to Provide Accelerated Payment to Small Business Subcontractors). This new clause requires the prime contractor, upon receipt of accelerated payments from the Government, to make accelerated payments to small business subcontractors, to the maximum extent VerDate Mar<15>2010 19:27 Nov 22, 2013 Jkt 005300 FAR Case practicable, after receipt of a proper invoice and all proper documentation from small business subcontractors. This clause will be inserted into all new solicitations issued after the effective date of this rule and resultant contracts, including solicitations and contracts for the acquisition of commercial items. This rule does not provide any new rights under the Prompt Payment Act and does not affect the application of the Prompt Payment Act late payment interest provisions. Small businesses benefit from this clause in that they should be paid more expeditiously by their prime contractor, which should improve small businesses overall cash flow. Item II—New Designated Country— Croatia (FAR Case 2013–019) This final rule amends the FAR to add Croatia as a new designated country under the World Trade Organization Government Procurement Agreement (WTO GPA). Croatia joined the European Union on July 1, 2013, which is a party to the WTO GPA. PO 00000 Frm 00009 Fmt 4701 Sfmt 9990 2012–031 2013–019 Analyst Chambers. Davis. Therefore, this rule adds Croatia to the list of WTO GPA countries wherever it appears in the FAR, whether as a separate definition, part of the definition of ‘‘designated country,’’ the definition of ‘‘Recovery Act designated country,’’ or as part of the list of countries exempt from the prohibition of acquisition of products produced by forced or indentured child labor. As a member of the European Union, Croatia also is a party to the Agreement on Trade in Civil Aircraft. This final rule will not have a significant economic impact on small entities. Item III—Technical Amendments Editorial changes are made at FAR 31.205–6, 52.202–1, 52.212–3, 52.212–5, and 52.213–4. Dated: November 18, 2013. William Clark, Acting Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy. [FR Doc. 2013–28056 Filed 11–22–13; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\25NOR3.SGM 25NOR3

Agencies

[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70482-70483]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-28056]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2013-0078, Sequence No. 7]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-71; 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

[[Page 70483]]

Small Business Regulatory Enforcement Fairness Act of 1996. It consists 
of a summary of the rules appearing in Federal Acquisition Circular 
(FAC) 2005-71, 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 these rules by referring to FAC 2005-71, which 
precedes this document. These documents are also available via the 
Internet at http://www.regulations.gov.

DATES: November 25, 2013.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-71 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

                       Rules Listed in FAC 2005-71
------------------------------------------------------------------------
        Item              Subject         FAR Case          Analyst
------------------------------------------------------------------------
*I.................  Accelerated             2012-031  Chambers.
                      Payments to
                      Small Business
                      Subcontractors.
II.................  New Designated          2013-019  Davis.
                      Country--Croati
                      a.
III................  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 2005-71 amends the FAR as specified 
below:

Item I--Accelerated Payments to Small Business Subcontractors (FAR Case 
2012-031)

    This final rule amends the FAR to add a new clause, Providing 
Accelerated Payments to Small Business Subcontractors, as part of the 
implementation of OMB Memorandum M-12-16, Providing Prompt Payment to 
Small Business Subcontractors (as extended by OMB Memorandum M-13-15, 
Extension of Policy to Provide Accelerated Payment to Small Business 
Subcontractors). This new clause requires the prime contractor, upon 
receipt of accelerated payments from the Government, to make 
accelerated payments to small business subcontractors, to the maximum 
extent practicable, after receipt of a proper invoice and all proper 
documentation from small business subcontractors. This clause will be 
inserted into all new solicitations issued after the effective date of 
this rule and resultant contracts, including solicitations and 
contracts for the acquisition of commercial items. This rule does not 
provide any new rights under the Prompt Payment Act and does not affect 
the application of the Prompt Payment Act late payment interest 
provisions. Small businesses benefit from this clause in that they 
should be paid more expeditiously by their prime contractor, which 
should improve small businesses overall cash flow.

Item II--New Designated Country--Croatia (FAR Case 2013-019)

    This final rule amends the FAR to add Croatia as a new designated 
country under the World Trade Organization Government Procurement 
Agreement (WTO GPA). Croatia joined the European Union on July 1, 2013, 
which is a party to the WTO GPA.
    Therefore, this rule adds Croatia to the list of WTO GPA countries 
wherever it appears in the FAR, whether as a separate definition, part 
of the definition of ``designated country,'' the definition of 
``Recovery Act designated country,'' or as part of the list of 
countries exempt from the prohibition of acquisition of products 
produced by forced or indentured child labor. As a member of the 
European Union, Croatia also is a party to the Agreement on Trade in 
Civil Aircraft.
    This final rule will not have a significant economic impact on 
small entities.

Item III--Technical Amendments

    Editorial changes are made at FAR 31.205-6, 52.202-1, 52.212-3, 
52.212-5, and 52.213-4.

    Dated: November 18, 2013.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-Wide Policy.
[FR Doc. 2013-28056 Filed 11-22-13; 8:45 am]
BILLING CODE 6820-EP-P