Federal Acquisition Regulation; Federal Acquisition Circular 2005-76; Introduction, 43573-43575 [2014-17496]

Download as PDF Vol. 79 Friday, No. 143 July 25, 2014 Part III Department of Defense General Services Administration National Aeronautics and Space Administration emcdonald on DSK67QTVN1PROD with RULES2 48 CFR Chapter 1 Federal Acquisition Regulation; Rules VerDate Mar<15>2010 18:43 Jul 24, 2014 Jkt 232001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\25JYR2.SGM 25JYR2 43574 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations and National Aeronautics and Space Administration (NASA). DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION Summary presentation of interim and final rules. ACTION: 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) 2005–76. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at https:// www.regulations.gov. SUMMARY: 48 CFR Chapter 1 [Docket No. FAR 2014–0051, Sequence No. 4] Federal Acquisition Regulation; Federal Acquisition Circular 2005–76; Introduction Department of Defense (DoD), General Services Administration (GSA), AGENCIES: 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 2005–76 and the specific 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 2005–76 Item Subject I ................................. Equal Employment and Affirmative Action for Veterans and Individuals with Disabilities (Interim). Small Business Protests and Appeals ............................................................................... Allowability of Legal Costs for Whistleblower Proceedings ............................................... Technical Amendments. II ................................ III ............................... IV ............................... SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2005–76 amends the FAR as specified below: emcdonald on DSK67QTVN1PROD with RULES2 Item I—Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities (FAR Case 2014–013) DoD, GSA, and NASA are issuing an interim rule amending the FAR to implement final rules issued on September 24, 2013, by the Office of Federal Contract Compliance Programs at the Department of Labor (DOL) relating to equal opportunity and affirmative action for veterans and individuals with disabilities. The DOL rules provide clarification of mandatory listing of employment openings, the posting of notices, making notices accessible to persons with disabilities, and requiring nondiscrimination statements in contractor solicitations or advertisements for employees. The FAR clauses have been restructured to provide a citation to the applicable clause in the DOL regulations and include a statement that summarizes the contractors’ top level obligations under each clause. There is no significant impact on small entities imposed by the FAR rules. VerDate Mar<15>2010 18:43 Jul 24, 2014 Jkt 232001 FAR case Analyst 2014–013 Loeb. 2012–014 2013–017 Morgan. Chambers. cost principle is revised in the final rule to allow reasonable legal proceeding costs in certain settlements. Because most contracts awarded to small businesses 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. Item II—Small Business Protests and Appeals (FAR Case 2012–014) This final rule amends the FAR to provide revised regulatory coverage for small business size and small business status protest and appeal procedures and to ensure that the FAR contains consistent and coherent protest and appeal procedures that are congruent with Small Business Administration regulations. This final rule will have no direct negative impact on any small business concern, since it is aimed at preventing other than small business concerns from receiving or performing contracts set aside for small business concerns. This rule will indirectly benefit small business concerns by preventing awards to ineligible concerns, or shortening the length of time other than small business concerns perform small business setaside contracts. Dated: July 18, 2014. William Clark, Acting Director, Office of Government-Wide Acquisition Policy, Office of Acquisition Policy, Office of Government-Wide Policy. Item III—Allowability of Legal Costs for Whistleblower Proceedings (FAR Case 2013–017) This finalizes an interim rule that revised the cost principle at FAR 31.205–47 to implement sections 827(g) and 828(d) of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239). 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. The Federal Acquisition Circular (FAC) 2005–76 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 2005–76 is effective July 25, 2014 except for item II, which is effective August 25, 2014. Dated: July 18, 2014. Richard Ginman, Director, Defense Procurement and Acquisition Policy. Dated: July 18, 2014. PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 Item IV—Technical Amendments Editorial changes are made at FAR 4.605, 4.1601, and 32.009–1. The change at 32.009–1 shows the recent extension of the policy to provide accelerated payment to small business subcontractors. E:\FR\FM\25JYR2.SGM 25JYR2 Federal Register / Vol. 79, No. 143 / Friday, July 25, 2014 / Rules and Regulations Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: July 21, 2014. William P. McNally, Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. 2014–17496 Filed 7–24–14; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 22, and 52 [FAC 2005–76; FAR Case 2014–013; Item I; Docket 2014–0013, Sequence 1] I. Background RIN 9000–AM76 Federal Acquisition Regulation: Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule. AGENCY: DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement final rules issued by the Office of Federal Contract Compliance Programs at the Department of Labor (DOL) relating to equal opportunity and affirmative action for veterans and individuals with disabilities. DATES: Effective: July 25, 2014. Comment Date: Interested parties should submit written comments to the Regulatory Secretariat on or before September 23, 2014 to be considered in the formation of the final rule. ADDRESSES: Submit comments identified by FAC 2005–76, FAR Case 2014–013, by any of the following methods: • Regulations.gov: https:// www.regulations.gov. Submit comments via the Federal eRulemaking portal by searching for ‘‘FAR Case 2014–013’’ Select the link ‘‘Comment Now’’ that corresponds with ‘‘FAR Case 2014– 013.’’ Follow the instructions provided at the ‘‘Comment Now’’ screen. Please include your name, company name (if any), and ‘‘FAR Case 2014–013’’ on your attached document. emcdonald on DSK67QTVN1PROD with RULES2 SUMMARY: VerDate Mar<15>2010 18:43 Jul 24, 2014 Jkt 232001 • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd floor, Washington, DC 20405. Instructions: Please submit comments only and cite FAC 2005–76, FAR Case 2014–013, in all correspondence related to this case. All comments received will be posted without change to https:// www.regulations.gov, including any personal and/or business confidential information provided. FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst, at 202–501–0650 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501– 4755. Please cite FAC 2005–76, FAR Case 2014–013. SUPPLEMENTARY INFORMATION: DoD, GSA, and NASA are issuing an interim rule amending the FAR to implement two DOL final rules that were published in the Federal Register on September 24, 2013 at 78 FR 58614 and at 78 FR 58682 as follows: • ‘‘Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Special Disabled Veterans, Veterans of the Vietnam Era, Disabled Veterans, Recently Separated Veterans, Active Duty Wartime or Campaign Badge Veterans, and Armed Forces Service Medal Veterans’’, which amended DOL regulations at 41 CFR parts 60–250 and 60–300 (78 FR 58614). • ‘‘Affirmative Action and Nondiscrimination Obligations of Contractors and Subcontractors Regarding Individuals with Disabilities’’, which amended DOL regulations at 41 CFR part 60–741 (78 FR 58682). II. Discussion and Analysis A. Subpart 22.13—Equal Opportunity for Veterans This interim rule amends the definitions in FAR subpart 22.13 to conform to the definitions in 41 CFR 60–300.2. • Adds a definition of ‘‘active duty wartime or campaign badge veteran,’’ which replaces the definition of ‘‘other protected veteran.’’ The only change is in the definition title. • Adds a definition of ‘‘protected veteran.’’ • Expands policy at FAR 22.1302 to address appropriate outreach and recruitment, and hiring benchmarks. PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 43575 B. Subpart 22.14—Employment of Workers With Disabilities The interim rule amends FAR subpart 22.14 to conform to DOL regulations at 41 CFR part 60–741. • Changes references to the title of the FAR clause at 52.222–36 to ‘‘Equal Opportunity for Workers with Disabilities’’. • Changes the responsible official at DOL to the ‘‘Director of Federal Contract Compliance Programs’’ (Director of OFCCP). • Expands policy at FAR 22.1401 to address appropriate outreach and recruitment, and utilization goals, as prescribed in the regulations of the Secretary of Labor. • Amends the waiver authority at FAR 22.1403 to be the Director of the Office of Federal Contract Compliance Programs to conform to the Department of Labor regulations. Also revises the policy at FAR 22.1403(b) concerning national security waivers to conform to the DOL regulations. C. Clauses The DOL regulations contain two revised Equal Opportunity clauses at 41 CFR 60–300.5 (relating to veterans) and 41 CFR 60–741.5 (relating to individuals with disabilities). • The clause for Equal Opportunity for VEVRAA Protected Veterans provides clarification of mandatory listing of employment openings and posting of notices, in paragraphs 2, 4, 9, and 12 of 41 CFR 60–300.5(a). • The clause for Equal Opportunity for Workers with Disabilities adds some requirements with regard to posting in electronic format and making notices accessible to persons with disabilities, in paragraphs 4 and 7 of 41 CFR 60– 741.5(a). • Both clauses add requirements with regard to contractor solicitations or advertisements for employees, requiring inclusion of statements that all qualified applicants will receive consideration for employment, without regard to their protected veteran status; and that qualified applicants will not be discriminated against on the basis of disability. At 41 CFR 60–300.5(d) and 41 CFR 60–741.5(d), each entitled ‘‘Inclusion of the equal opportunity clause in the contract,’’ the DOL regulations provide that it is not necessary to include the equal opportunity clause verbatim in the contract (as had been considered in the proposed rule), but that the clause shall be made a part of the contract by citation to 41 CFR 60–300.5(a) and 41 CFR 60–741.5(a) respectively, and then provides a short paragraph that must be E:\FR\FM\25JYR2.SGM 25JYR2

Agencies

[Federal Register Volume 79, Number 143 (Friday, July 25, 2014)]
[Rules and Regulations]
[Pages 43573-43575]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-17496]



[[Page 43573]]

Vol. 79

Friday,

No. 143

July 25, 2014

Part III





Department of Defense

General Services Administration

National Aeronautics and Space Administration





-----------------------------------------------------------------------





48 CFR Chapter 1





Federal Acquisition Regulation; Rules

Federal Register / Vol. 79 , No. 143 / Friday, July 25, 2014 / Rules 
and Regulations

[[Page 43574]]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2014-0051, Sequence No. 4]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-76; Introduction

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of interim and final 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) 2005-76. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is available via the Internet at https://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 2005-76 and 
the specific FAR case number. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.

Rules Listed in FAC 2005-76

----------------------------------------------------------------------------------------------------------------
                 Item                              Subject                FAR case              Analyst
----------------------------------------------------------------------------------------------------------------
I.....................................  Equal Employment and                 2014-013  Loeb.
                                         Affirmative Action for
                                         Veterans and Individuals
                                         with Disabilities (Interim).
II....................................  Small Business Protests and          2012-014  Morgan.
                                         Appeals.
III...................................  Allowability of Legal Costs          2013-017  Chambers.
                                         for Whistleblower
                                         Proceedings.
IV....................................  Technical Amendments.........
----------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these rules, refer to the 
specific item numbers and subjects set forth in the documents following 
these item summaries. FAC 2005-76 amends the FAR as specified below:

Item I--Equal Employment and Affirmative Action for Veterans and 
Individuals With Disabilities (FAR Case 2014-013)

    DoD, GSA, and NASA are issuing an interim rule amending the FAR to 
implement final rules issued on September 24, 2013, by the Office of 
Federal Contract Compliance Programs at the Department of Labor (DOL) 
relating to equal opportunity and affirmative action for veterans and 
individuals with disabilities. The DOL rules provide clarification of 
mandatory listing of employment openings, the posting of notices, 
making notices accessible to persons with disabilities, and requiring 
nondiscrimination statements in contractor solicitations or 
advertisements for employees. The FAR clauses have been restructured to 
provide a citation to the applicable clause in the DOL regulations and 
include a statement that summarizes the contractors' top level 
obligations under each clause. There is no significant impact on small 
entities imposed by the FAR rules.

Item II--Small Business Protests and Appeals (FAR Case 2012-014)

    This final rule amends the FAR to provide revised regulatory 
coverage for small business size and small business status protest and 
appeal procedures and to ensure that the FAR contains consistent and 
coherent protest and appeal procedures that are congruent with Small 
Business Administration regulations.
    This final rule will have no direct negative impact on any small 
business concern, since it is aimed at preventing other than small 
business concerns from receiving or performing contracts set aside for 
small business concerns. This rule will indirectly benefit small 
business concerns by preventing awards to ineligible concerns, or 
shortening the length of time other than small business concerns 
perform small business set-aside contracts.

Item III--Allowability of Legal Costs for Whistleblower Proceedings 
(FAR Case 2013-017)

    This finalizes an interim rule that revised the cost principle at 
FAR 31.205-47 to implement sections 827(g) and 828(d) of the National 
Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-239). 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. The cost principle is revised in the final rule 
to allow reasonable legal proceeding costs in certain settlements. 
Because most contracts awarded to small businesses 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.

Item IV--Technical Amendments

    Editorial changes are made at FAR 4.605, 4.1601, and 32.009-1. The 
change at 32.009-1 shows the recent extension of the policy to provide 
accelerated payment to small business subcontractors.

    Dated: July 18, 2014.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-Wide Policy.

    Federal Acquisition Circular (FAC) 2005-76 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 2005-76 is 
effective July 25, 2014 except for item II, which is effective August 
25, 2014.

Dated: July 18, 2014.

Richard Ginman,
Director, Defense Procurement and Acquisition Policy.

Dated: July 18, 2014.


[[Page 43575]]


Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.

Dated: July 21, 2014.

William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.

[FR Doc. 2014-17496 Filed 7-24-14; 8:45 am]
BILLING CODE 6820-EP-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.