Federal Acquisition Regulation; Year Format, 70343-70344 [2014-27660]

Download as PDF Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations administrative impact on contractors or offerors. This final rule is not required to be published for public comment, because it has no effect on contractors or offerors. This rule only revises the regulation by accurately reflecting that the DOL is the administrative authority for certain functions that were formerly the function of the GAO. These requirements affect only the internal operating procedures of the Government. III. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. IV. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule because this final rule does not constitute a significant FAR revision within the meaning of FAR 1.501–1 and 41 U.S.C. 1707 does not require publication for public comment. V. Paperwork Reduction Act The rule does not contain any information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35). List of Subjects in 48 CFR Parts 22 and 53 Government procurement. tkelley on DSK3SPTVN1PROD with RULES3 Dated: November 17, 2014. William Clark, Acting Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 22 and 53 as set forth below: ■ 1. The authority citation for 48 CFR parts 22 and 53 continues to read as follows: PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 2. Amend section 22.406–9 by revising paragraphs (c)(1) and (3) to read as follows: ■ 22.406–9 Withholding from or suspension of contract payments. * * * * * (c) Disposition of contract payments withheld or suspended—(1) Forwarding wage underpayments to the Secretary of Labor. Upon final administrative determination, if the contractor or subcontractor has not made restitution, the contracting officer must follow the Department of Labor guidance published in Wage and Hour Division, All Agency Memorandum (AAM) No. 215, Streamlining Claims for Federal Contractor Employees Act. The AAM No. 215 can be obtained at https:// www.dol.gov/whd/govcontracts/ dbra.htm; under Guidance there is a link for All Agencies Memoranda (AAMs). * * * * * (3) Limitation on returning funds. If the Department of Labor requested the withholding or if the findings are disputed (see 22.406–10(e)), the contracting officer must not return the funds to the contractor without approval by the Department of Labor. * * * * * 22.406–11 [Amended] 3. Amend section 22.406–11 by removing from the introductory paragraph ‘‘, and the Comptroller General’’. ■ PART 53—FORMS 4. Amend section 53.222 by revising the section heading; and removing and reserving paragraph (d) to read as follows: ■ 53.222 Application of labor laws to Government acquisitions (SF’s 307, 1413, 1445, 1446, WH–347). * * * 53.301–1093 ■ * * [Removed] 5. Remove section 53.301–1093. [FR Doc. 2014–27659 Filed 11–24–14; 8:45 am] BILLING CODE 6820–EP–P Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. VerDate Sep<11>2014 19:16 Nov 24, 2014 Jkt 235001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 70343 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 39 and 52 [FAC 2005–78; FAR Case 2014–006; Item III; Docket 2011–0023, Sequence 1] RIN 9000–AM53 Federal Acquisition Regulation; Year Format Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to delete obsolete regulations relating to the year 2000 compliance. DATES: Effective: December 26, 2014. 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 2005–78, FAR Case 2014–006. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 79 FR 16274 on March 25, 2014. No public comments were submitted. The final rule makes no changes from the proposed rule. DoD, GSA, and NASA are amending the FAR to delete obsolete coverage relating to the year 2000 compliance at FAR 39.002, 39.101(a) and 39.106. Also, the rule makes conforming changes to FAR 39.107 and the introductory text to the clause at FAR 52.239–1. The year 2000 coverage is outdated, and no longer needed because all of the issues addressing the transition to year 2000 compliance language have been resolved. Executive Order (E.O.) 13563, Improving Regulation and Regulatory Review, on retrospective review of regulations, requires agencies to conduct a review and analysis of their regulations and prepare a plan listing regulations that should be modified, streamlined, expanded, or repealed to make the agency’s regulatory program more effective or less burdensome in achieving the regulatory objectives. The E:\FR\FM\25NOR3.SGM 25NOR3 70344 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations deletion of this outdated FAR text is consistent with this E.O. II. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is not a significant regulatory action and, therefore, was not subject to review under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. III. Regulatory Flexibility Act DoD, GSA, and NASA have prepared a Final Regulatory Flexibility Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 U.S.C. 601, et seq. The FRFA is summarized as follows: Dated: November 17, 2014. William Clark, Acting Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 39 and 52 as set forth below: 1. The authority citation for 48 CFR parts 39 and 52 continues to read as follows: ■ Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 39—ACQUISITION OF INFORMATION TECHNOLOGY 39.002 [Amended] 2. Amend section 39.002 by removing the definition ‘‘Year 2000 compliant’’. ■ 39.101 [Amended] 3. Amend section 39.101 by removing paragraph (a); and redesignating paragraphs (b) through (e) as paragraphs (a) through (d), respectively. ■ 39.106 ■ [Removed] 4. Remove section 39.106. 39.107 [Redesignated as 39.106] This rule amends the FAR to delete obsolete coverage relating to the year 2000 compliance at FAR 39.002, 39.101(a) and 39.106. Also, the rule makes conforming changes to FAR 39.107 and the introductory text to the clause at FAR 52.239–1. The year 2000 coverage is no longer needed because all of the issues addressing the transition to year 2000 compliance language have been resolved. Based upon FPDS data, there were 9021 IT contractors in FY 2013, of which 6284 were small businesses. The impact on small businesses is expected to be neutral since we are deleting an obsolete requirement. ■ The Regulatory Secretariat has submitted a copy of the FRFA to the Chief Counsel for Advocacy of the Small Business Administration. Interested parties may obtain a copy of the FRFA from the Regulatory Secretariat. DEPARTMENT OF DEFENSE 5. Redesignate section 39.107 as section 39.106. PART 52–SOLICITATION PROVISIONS AND CONTRACT CLAUSES 52.239–1 [Amended] 6. Amend section 52.239–1 by removing from the introductory text ‘‘39.107’’ and adding ‘‘39.106’’ in its place. ■ [FR Doc. 2014–27660 Filed 11–24–14; 8:45 am] BILLING CODE 6820–EP–P GENERAL SERVICES ADMINISTRATION tkelley on DSK3SPTVN1PROD with RULES3 List of Subjects in 48 CFR Parts 39 and 52 NATIONAL AERONAUTICS AND SPACE ADMINISTRATION VerDate Sep<11>2014 19:16 Nov 24, 2014 48 CFR Parts 44, 46, and 52 [FAC 2005–78; FAR Case 2012–032; Item IV; Docket No. 2012–0032, Sequence No. 1] RIN 9000–AM65 Federal Acquisition Regulation; Higher-Level Contract Quality Requirements Department of Defense (DoD), General Services Administration (GSA), AGENCY: Government procurement. Jkt 235001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to clarify when to use higher-level quality standards in solicitations and contracts. The rule also updates the examples of higher-level quality standards by removing obsolete standards and adding new industry standards that pertain to quality assurance for avoidance of counterfeit items. DATES: Effective: December 26, 2014. 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 Division at 202–501–4755. Please cite FAC 2005– 78, FAR Case 2012–032. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background DoD, GSA, and NASA published a proposed rule in the Federal Register at 78 FR 72620 on December 3, 2013, to revise FAR subpart 46.2, Contract Quality Requirements. The rule sought to ensure that agencies assess the risk of nonconforming items when determining whether higher-level quality standards should be used by the Government and relied on by contractors. Six respondents submitted comments on the proposed rule. II. Discussion and Analysis The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (the Councils) reviewed the comments in the development of the final rule. A discussion of the comments and the changes made to the rule as a result of those comments are provided as follows: A. Summary of Significant Changes From the Proposed Rule V. Paperwork Reduction Act The rule does not contain any new information collection requirements that require the approval of the Office of Management and Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35). and National Aeronautics and Space Administration (NASA). ACTION: Final rule. 1. Revised FAR 46.202–4, Higherlevel contract quality requirements to— a. Clarify that higher-level quality standards include both overarching quality management system standards and product or process specific quality standards; b. Delete reference to SAE AS6174; and c. Add the commodity specific quality management system standard for automotive production, ISO/TS 16949. 2. Clarified that the contracting officer will list the title, number, date, and tailoring (if any) of applicable higher- E:\FR\FM\25NOR3.SGM 25NOR3

Agencies

[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70343-70344]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27660]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 39 and 52

[FAC 2005-78; FAR Case 2014-006; Item III; Docket 2011-0023, Sequence 
1]
RIN 9000-AM53


Federal Acquisition Regulation; Year Format

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

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to delete obsolete regulations 
relating to the year 2000 compliance.

DATES: Effective: December 26, 2014.

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 2005-78, FAR Case 2014-
006.

SUPPLEMENTARY INFORMATION:

I. Background

    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 79 FR 16274 on March 25, 2014. No public comments were 
submitted. The final rule makes no changes from the proposed rule.
    DoD, GSA, and NASA are amending the FAR to delete obsolete coverage 
relating to the year 2000 compliance at FAR 39.002, 39.101(a) and 
39.106. Also, the rule makes conforming changes to FAR 39.107 and the 
introductory text to the clause at FAR 52.239-1. The year 2000 coverage 
is outdated, and no longer needed because all of the issues addressing 
the transition to year 2000 compliance language have been resolved. 
Executive Order (E.O.) 13563, Improving Regulation and Regulatory 
Review, on retrospective review of regulations, requires agencies to 
conduct a review and analysis of their regulations and prepare a plan 
listing regulations that should be modified, streamlined, expanded, or 
repealed to make the agency's regulatory program more effective or less 
burdensome in achieving the regulatory objectives. The

[[Page 70344]]

deletion of this outdated FAR text is consistent with this E.O.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    DoD, GSA, and NASA have prepared a Final Regulatory Flexibility 
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5 
U.S.C. 601, et seq. The FRFA is summarized as follows:

    This rule amends the FAR to delete obsolete coverage relating to 
the year 2000 compliance at FAR 39.002, 39.101(a) and 39.106. Also, 
the rule makes conforming changes to FAR 39.107 and the introductory 
text to the clause at FAR 52.239-1. The year 2000 coverage is no 
longer needed because all of the issues addressing the transition to 
year 2000 compliance language have been resolved. Based upon FPDS 
data, there were 9021 IT contractors in FY 2013, of which 6284 were 
small businesses. The impact on small businesses is expected to be 
neutral since we are deleting an obsolete requirement.

    The Regulatory Secretariat has submitted a copy of the FRFA to the 
Chief Counsel for Advocacy of the Small Business Administration. 
Interested parties may obtain a copy of the FRFA from the Regulatory 
Secretariat.

V. Paperwork Reduction Act

    The rule does not contain any new information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. Chapter 35).

List of Subjects in 48 CFR Parts 39 and 52

    Government procurement.

    Dated: November 17, 2014.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 39 and 52 as set 
forth below:


0
1. The authority citation for 48 CFR parts 39 and 52 continues to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY


39.002  [Amended]


0
2. Amend section 39.002 by removing the definition ``Year 2000 
compliant''.


39.101  [Amended]


0
3. Amend section 39.101 by removing paragraph (a); and redesignating 
paragraphs (b) through (e) as paragraphs (a) through (d), respectively.


39.106  [Removed]


0
4. Remove section 39.106.


39.107  [Redesignated as 39.106]


0
5. Redesignate section 39.107 as section 39.106.

PART 52-SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.239-1  [Amended]


0
6. Amend section 52.239-1 by removing from the introductory text 
``39.107'' and adding ``39.106'' in its place.

[FR Doc. 2014-27660 Filed 11-24-14; 8:45 am]
BILLING CODE 6820-EP-P

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