Federal Acquisition Regulation; Federal Acquisition Circular 2005-71; Small Entity Compliance Guide, 70482-70483 [2013-28056]
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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)
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*
*
*
*
*
(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:
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19:27 Nov 22, 2013
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*
*
*
*
(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) * * *
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[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 https://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.
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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
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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]
-----------------------------------------------------------------------
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 https://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
