Federal Acquisition Regulation; Federal Acquisition Circular 2005-80; Small Entity Compliance Guide, 4994-4995 [2015-01527]

Download as PDF 4994 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION 3. Amend section 52.212–3 by revising the date of the provision and in paragraph (a) the definition ‘‘Manufactured end product’’ to read as follows: ■ NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 52.212–3 Offeror Representations and Certifications—Commercial Items. [FAC 2005–80; Item III; Docket No. 2014– 0053; Sequence No. 5] * Federal Acquisition Regulation; Technical Amendments Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective: March 2, 2015. FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202–501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–80, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 46 and 52 this document makes editorial changes to the FAR. SUMMARY: List of Subject in 48 CFR Parts 46 and 52 Government procurement. Dated: January 22, 2015. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. tkelley on DSK3SPTVN1PROD with RULES2 DEPARTMENT OF DEFENSE * Offeror Representations and Certifications—Commercial Items (Jan 2014) GENERAL SERVICES ADMINISTRATION * NATIONAL AERONAUTICS AND SPACE ADMINISTRATION * * * * (a) * * * Manufactured end product means any end product in product and service codes (PSCs) 1000–9999, except— (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. * * * * * 4. Amend section 52.225–18 by revising the date of the provision and in paragraph (a) the definition ‘‘Manufactured end product’’ to read as follows: ■ Place of Manufacture. * * * * * [Amended] 2. Amend section 46.202–4 by removing from paragraph (b) ‘‘ANSI/ ASQC E4’’ and adding ‘‘ASQ/ANSI E4’’ in its place. Jkt 235001 * Place of Manufacture (Jan 2015) PART 46—QUALITY ASSURANCE 18:45 Jan 28, 2015 * * Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. ■ * 52.225–18 Therefore, DoD, GSA, and NASA amend 48 CFR parts 46 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 46 and 52 continues to read as follow: VerDate Sep<11>2014 [FR Doc. 2015–01526 Filed 1–28–15; 8:45 am] BILLING CODE 6820–EP–P 48 CFR Parts 46 and 52 46.202–4 (8) PSC 9610, Ores; (9) PSC 9620, Minerals, Natural and Synthetic; and (10) PSC 9630, Additive Metal Materials. * * * * * * * * * (a) * * * Manufactured end product means any end product in product and service codes (PSCs) 1000–9999, except— (1) PSC 5510, Lumber and Related Basic Wood Materials; (2) Product or Service Group (PSG) 87, Agricultural Supplies; (3) PSG 88, Live Animals; (4) PSG 89, Subsistence; (5) PSC 9410, Crude Grades of Plant Materials; (6) PSC 9430, Miscellaneous Crude Animal Products, Inedible; (7) PSC 9440, Miscellaneous Crude Agricultural and Forestry Products; PO 00000 Frm 00030 Fmt 4701 Sfmt 4700 48 CFR Chapter 1 [Docket No. FAR 2014–0052, Sequence No. 8] Federal Acquisition Regulation; Federal Acquisition Circular 2005–80; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). AGENCIES: ACTION: Small Entity Compliance Guide. 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) 2005–80, 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 2005–80, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. DATES: January 29, 2015. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–80 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202–501–4755. SUMMARY: E:\FR\FM\29JAR2.SGM 29JAR2 4995 Federal Register / Vol. 80, No. 19 / Thursday, January 29, 2015 / Rules and Regulations RULES LISTED IN FAC 2005–80 List Subject I * ......... II .......... III ......... Ending Trafficking in Persons .......................................................................................................................... Management and Oversight of the Acquisition of Services ............................................................................ 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 2005–80 amends the FAR as specified below: Item I—Ending Trafficking in Persons (FAR Case 2013–001) tkelley on DSK3SPTVN1PROD with RULES2 This final rule amends the FAR to implement Executive Order 13627 and Title XVII of the National Defense Authorization Act for Fiscal Year 2013 and promotes the United States policy prohibiting trafficking in persons. Contractors and subcontractors must disclose to employees the key conditions of employment, starting with wages and work location; no recruiting fees are allowed to be charged to employees. Compliance plans and annual certifications are required for portions of contracts over $500,000 performed outside the United States, except for commercially available off-the-shelf items of supply; plans shall be appropriate to the size and complexity of the contract or subcontract, and the nature and scope of the activities under the contract or subcontract. These plan exceptions will significantly reduce the impact on small entities. VerDate Sep<11>2014 18:45 Jan 28, 2015 Jkt 235001 FAR case Contracting officers should specify in the contract whether a written employee work document is required, which notifies the employee of certain details about the work and about trafficking in persons. The contracting officer is also required to notify the agency Inspector General, debarring and suspending official, and, if appropriate, law enforcement of credible information regarding violations. The contracting officer is required to put into FAPIIS violations substantiated by the agency Inspector General, after a final agency determination. Item II—Management and Oversight of the Acquisition of Services (FAR Case 2014–008) This final rule amends the FAR to implement a recommendation to strengthen guidance on service acquisitions by incorporating at FAR 37.101 the definitions relating to ‘‘uncompensated overtime’’ presently set forth in FAR 52.237–10(a), except that the defined term ‘‘uncompensated overtime rate’’ has been changed to ‘‘adjusted hourly rate (including uncompensated overtime).’’ Additionally, the definition of the new term ‘‘adjusted hourly rate (including uncompensated overtime)’’ clarifies that the proposed hours per week include uncompensated overtime hours over and above the standard 40-hour work week. FAR 52.237–10 is further PO 00000 Frm 00031 Fmt 4701 Sfmt 9990 2013–001 2014–008 Analyst Davis. Jackson. amended to clarify the application of the adjusted hourly rate, and categorization of proposed hours subject to the adjusted hourly rate. In addition, FAR 52.237–10 has been amended to reflect that all proposed labor hours subject to the adjusted hourly rate shall be identified as either regular or overtime hours, by labor categories. Finally, FAR 37.115–2 has been amended to add a paragraph (d) to clarify that when there is uncompensated overtime, the adjusted hourly rate, rather than the hourly rate shall be applied to all proposed hours, whether regular or overtime hours. This rule is not expected to have a significant cost or administrative impact on contractors or offerors. This final rule is also not expected to have a significant impact on contracting officers because it only clarifies policy that is already stated in the FAR. These requirements affect only the internal operating procedures of the Government. Item III—Technical Amendments Editorial changes are made at FAR 46.202–4, 52.212–3, and 52.225–18. Dated: January 22, 2015. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2015–01527 Filed 1–28–15; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\29JAR2.SGM 29JAR2

Agencies

[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4994-4995]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2015-01527]


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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. 8]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-80; Small Entity Compliance Guide

AGENCIES: 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 Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of the rules 
appearing in Federal Acquisition Circular (FAC) 2005-80, 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 2005-80, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: January 29, 2015.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-80 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

[[Page 4995]]



                       Rules Listed in FAC 2005-80
------------------------------------------------------------------------
     List                Subject            FAR case        Analyst
------------------------------------------------------------------------
I *...........  Ending Trafficking in        2013-001  Davis.
                 Persons.
II............  Management and Oversight     2014-008  Jackson.
                 of the Acquisition of
                 Services.
III...........  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 2005-80 amends the FAR as specified below:

Item I--Ending Trafficking in Persons (FAR Case 2013-001)

    This final rule amends the FAR to implement Executive Order 13627 
and Title XVII of the National Defense Authorization Act for Fiscal 
Year 2013 and promotes the United States policy prohibiting trafficking 
in persons. Contractors and subcontractors must disclose to employees 
the key conditions of employment, starting with wages and work 
location; no recruiting fees are allowed to be charged to employees.
    Compliance plans and annual certifications are required for 
portions of contracts over $500,000 performed outside the United 
States, except for commercially available off-the-shelf items of 
supply; plans shall be appropriate to the size and complexity of the 
contract or subcontract, and the nature and scope of the activities 
under the contract or subcontract. These plan exceptions will 
significantly reduce the impact on small entities.
    Contracting officers should specify in the contract whether a 
written employee work document is required, which notifies the employee 
of certain details about the work and about trafficking in persons. The 
contracting officer is also required to notify the agency Inspector 
General, debarring and suspending official, and, if appropriate, law 
enforcement of credible information regarding violations. The 
contracting officer is required to put into FAPIIS violations 
substantiated by the agency Inspector General, after a final agency 
determination.

Item II--Management and Oversight of the Acquisition of Services (FAR 
Case 2014-008)

    This final rule amends the FAR to implement a recommendation to 
strengthen guidance on service acquisitions by incorporating at FAR 
37.101 the definitions relating to ``uncompensated overtime'' presently 
set forth in FAR 52.237-10(a), except that the defined term 
``uncompensated overtime rate'' has been changed to ``adjusted hourly 
rate (including uncompensated overtime).'' Additionally, the definition 
of the new term ``adjusted hourly rate (including uncompensated 
overtime)'' clarifies that the proposed hours per week include 
uncompensated overtime hours over and above the standard 40-hour work 
week. FAR 52.237-10 is further amended to clarify the application of 
the adjusted hourly rate, and categorization of proposed hours subject 
to the adjusted hourly rate. In addition, FAR 52.237-10 has been 
amended to reflect that all proposed labor hours subject to the 
adjusted hourly rate shall be identified as either regular or overtime 
hours, by labor categories. Finally, FAR 37.115-2 has been amended to 
add a paragraph (d) to clarify that when there is uncompensated 
overtime, the adjusted hourly rate, rather than the hourly rate shall 
be applied to all proposed hours, whether regular or overtime hours.
    This rule is not expected to have a significant cost or 
administrative impact on contractors or offerors. This final rule is 
also not expected to have a significant impact on contracting officers 
because it only clarifies policy that is already stated in the FAR. 
These requirements affect only the internal operating procedures of the 
Government.

Item III--Technical Amendments

    Editorial changes are made at FAR 46.202-4, 52.212-3, and 52.225-
18.

    Dated: January 22, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2015-01527 Filed 1-28-15; 8:45 am]
BILLING CODE 6820-EP-P