Federal Acquisition Regulation; Federal Acquisition Circular 2005-78; Small Entity Compliance Guide, 70349 [2014-27663]

Agencies

• DEPARTMENT OF DEFENSE
• General Services Administration
• National Aeronautics and Space Administration

[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Page 70349]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-27663]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2014-0052, Sequence No. 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-78; 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.

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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 Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of the rules 
appearing in Federal Acquisition Circular (FAC) 2005-78, 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 2005-78, which precedes this document. 
These documents are also available via the Internet at https://www.regulations.gov.

DATES: November 25, 2014.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-78 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 2005-78
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              Item                                Subject                     FAR case            Analyst
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* I............................  Incorporating Section K in Contracts....        2014-001  Glover.
II.............................  Streamlining Claims Processing..........        2014-011  Loeb.
* III..........................  Year Format.............................        2014-006  Loeb.
* IV...........................  Higher-Level Contract Quality                   2012-032  Loeb.
                                  Requirements.
V..............................  Technical Amendments.
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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 2005-78 amends the FAR as specified below:

Item I--Incorporating Section K in Contracts (FAR Case 2014-001)

    This final rule revises the language at FAR subpart 4.12, 
Representations and Certifications, and adds a new clause at FAR 
52.204-19 to standardize the incorporation by reference of 
representations and certifications in contracts regardless of which 
contract award form is used. FAR clause 52.212-4 has a new paragraph 
(v) to cover this issue for commercial items.
    Peer reviews and procurement management reviews have found that 
Section K--Representations and Certifications are inconsistently or not 
incorporated in contract awards.
    This final rule does not change or impact the existing 
representations and certifications submitted by small entities; this 
final rule should have no impact on small entities.

Item II--Streamlining Claims Processing (FAR Case 2014-011)

    This final rule implements the Streamlining Claims Processing for 
Federal Contractor Employees Act, Pub. L. 113-50, which transferred 
certain authority for construction wage under-payments from the 
Government Accountability Office to the Department of Labor. There is 
no effect on small businesses.

Item III--Year Format (FAR Case 2014-006)

    This final rule amends the FAR to delete obsolete regulations 
relating to the year 2000 compliance. There is no impact on small 
businesses.

Item IV--Higher-Level Contract Quality Requirements (FAR Case 2012-032)

    This final rule amends FAR parts 44 and 46 to (1) provide that 
agencies should establish procedures for determining when higher-level 
quality standards are to be included in a contract, (2) provide that 
higher-level quality standards should be given special attention during 
Contractor Purchasing System Reviews, and (3) adds an example of 
higher-level quality standards as it relates to counterfeit electronic 
parts. The contracting officer, in accordance with agency procedures, 
will choose the higher-level quality standards that will apply. These 
standards will be used to help minimize and mitigate counterfeit items 
or suspect counterfeit items in Government contracting. This rule 
impacts large and small businesses who provide critical items directly 
to the Government or to Government prime contractors.

Item V--Technical Amendments

    Editorial changes are made at FAR 1.106, 16.103, 22.1006, 31.109, 
52.204-8, and 53.219.

    Dated: November 17, 2014.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2014-27663 Filed 11-24-14; 8:45 am]
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