Federal Acquisition Regulation; Federal Acquisition Circular 2005-82; Introduction, 26421-26423 [2015-11027]

Download as PDF Vol. 80 Thursday, No. 88 May 7, 2015 Part IV Department of Defense General Services Administration National Aeronautics and Space Administration mstockstill on DSK4VPTVN1PROD with RULES2 48 Chapter 1 Federal Acquisition Regulations; Rules VerDate Sep<11>2014 19:21 May 06, 2015 Jkt 235001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\07MYR2.SGM 07MYR2 26422 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations and National Aeronautics and Space Administration (NASA). DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION ACTION: NATIONAL AERONAUTICS AND SPACE ADMINISTRATION SUMMARY: Summary presentation of final rules. 48 CFR Chapter 1 [Docket No. FAR 2015–0051, Sequence No. 2] Federal Acquisition Regulation; Federal Acquisition Circular 2005–82; Introduction Department of Defense (DoD), General Services Administration (GSA), AGENCY: 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) 2005–82. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http:// www.regulations.gov. For effective dates see the separate documents, which follow. DATES: The analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005–82 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 2005–82 Item Subject I ................................... II .................................. III ................................. IV ................................. Equal Employment and Affirmative Action for Veterans and Individuals with Disabilities ...... Review and Justification of Pass-Through Contracts .............................................................. Enhancements to Past Performance Evaluation Systems ...................................................... 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 2005–82 amends the FAR as specified below: mstockstill on DSK4VPTVN1PROD 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 a final rule adopting the interim rule published July 25, 2014, without change. The interim rule amended 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 were restructured in the interim rule to provide a citation to the applicable clause in the DOL regulations and include a statement that summarizes contractors’ top level obligations under each clause. There is no significant impact on small entities imposed by the FAR rule. VerDate Sep<11>2014 19:21 May 06, 2015 Jkt 235001 FAR Case Item II—Review and Justification of Pass-Through Contracts (FAR Case 2013–012) This final rule amends the FAR to implement section 802 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112–239), which provided for additional requirements relative to the review and justification of pass-through contracts. In those instances where an offeror for a contract, task order, or delivery order informs the agency pursuant to FAR 52.215–22 of their intention to award subcontracts for more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, section 802 requires the contracting officer to (1) consider the availability of alternative contract vehicles and the feasibility of contracting directly with a subcontractor or subcontractors that will perform the bulk of the work; (2) make a written determination that the contracting approach selected is in the best interest of the Government; and (3) document the basis for such determination. These statutory requirements are being implemented in FAR 15.404–1(h) and for consistency purposes are applicable to all of the agencies subject to the FAR even though section 802 only applied to the Department of Defense, the Department of State, and the United States Agency for International Development. Because the rule augments the current responsibilities of contracting officers relative to the review and justification of PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 2014–013 2013–012 2014–010 Analyst Loeb. Hopkins. Glover. pass-through contracts and does not initiate or impose any new administrative or performance requirements on contractors, and specifically exempts contract actions awarded pursuant to FAR subparts 19.5, 19.8, 19.13, 19.14, or 19.15, there is no impact on small businesses. Item III—Enhancements to Past Performance Evaluation Systems (FAR Case 2014–010) This final rule changes the language at FAR 42.1502 to accommodate the recent merger of the Architect-Engineer Contract Administration Support System (ACASS) and the Construction Contractor Appraisal Support System (CCASS) as modules within the Contractor Performance Assessment Reporting System (CPARS) database. This action will standardize the past performance reporting requirements under the CPARS database. The ACASS and CCASS modules were merged into CPARS on July 1, 2014. This change does not place any new requirements on small entities. Item IV—Technical Amendments Editorial changes are made at FAR 4.905(a), 22.102–2(a), 39.101(a)(1)(ii), 52.212–4(v), 52.212–5(b)(36)(i), (b)(36)(ii), (b)(39)(ii), and (e)(1)(v), 52.213–4(a) and (b), and 52.223–16. E:\FR\FM\07MYR2.SGM 07MYR2 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations Dated: April 30, 2015. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. affirmative action for veterans and individuals with disabilities. DATES: Effective: May 7, 2015. Federal Acquisition Circular (FAC) 2005–82 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 2005–82 is effective May 7, 2015 except for items II and III, which are effective June 8, 2015. Dated: April 29, 2015. RADM Althea H. Coetzee, Acting Director of Defense Procurement and Acquisition Policy Dated: May 1, 2015. Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: April 28, 2015. William P. McNally, Assistant Administrator, Office of Procurement, National Aeronautics and Space Administration. [FR Doc. 2015–11027 Filed 5–6–15; 8:45 am] BILLING CODE P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION III. Executive Orders 12866 and 13563 [FAC 2005–82; FAR Case 2014–013; Item I; Docket 2014–0013, Sequence 1] 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: Final rule. AGENCY: mstockstill on DSK4VPTVN1PROD with RULES2 DoD, GSA, and NASA published an interim rule in the Federal Register at 79 FR 43575 on July 25, 2014, 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). No public comments were submitted, and no changes have been made to the interim rule. 48 CFR Parts 1, 22, and 52 DoD, GSA, and NASA have adopted as final, without change, 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 SUMMARY: 19:21 May 06, 2015 I. Background II. Discussion and Analysis NATIONAL AERONAUTICS AND SPACE ADMINISTRATION VerDate Sep<11>2014 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 2005–82, FAR Case 2014–013. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Jkt 235001 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 a significant regulatory action and, therefore, was 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. Both rules issued by the DOL were determined to be economically PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 26423 significant under E.O. 12866, and major rules under 5 U.S.C. 804. The Regulatory Impact Analysis for these rules was published in the Federal Register on September 24, 2013 at 78 FR 59643 and at 78 FR 58714. The FAR rule adds no new information collections, recordkeeping, or other compliance burdens. The FAR rule cites to the DOL Office of Management and Budget (OMB) Control numbers 1250–0004 and 1250–0005 for OMB approval under the Paperwork Reduction Act for any information collection requirements associated with revised FAR 52.222–35 (Equal Opportunity for Veterans) and 52.222–36 (Equal Opportunity for Workers with Disabilities). The FAR clauses, to be incorporated in solicitations and contracts in full text, include the required summary statement (paragraph (b) and (a) of each of the FAR clauses, respectively) and then reference to the DOL clauses. There is no economic impact arising from the FAR rule, since the FAR rule only informs the contractors of the requirements of the DOL rules. Further, each DOL rule states that ‘‘By operation of the Act, the equal opportunity clause shall be considered to be a part of every contract and subcontract required by the Act and the regulations in this part to include such a clause, whether or not it is physically incorporated in such contract. . .’’ (41 CFR 60–300.5(e) and 60–741.5(e)). The FAR is not imposing requirements; it is incorporating the requirements into contracts to inform contractors. IV. 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. 604, et seq. The FRFA is summarized as follows: This final rule is being issued to implement changes to 41 CFR 60–25, 60–300, and 60–741, as published in the Federal Register on September 24, 2013 (78 FR 58614 and 58682), by the Office of Federal Contract Compliance Programs of the Department of Labor (DOL). The DOL rules revise the current regulations implementing 38 U.S.C. 4211 and 4212, and the nondiscrimination and affirmative action regulations of section 503 of the Rehabilitation Act of 1973, as amended. The DOL rules add requirements on mandatory job listings, data collection, and establishing hiring benchmarks. There were no public comments submitted in response to the initial regulatory flexibility analysis. With regard to equal opportunity for veterans, DOL estimated that the approximate number of small entities that would be subject to its rule would be 20,490 Federal contractors with between 50 and 500 employees (approximately 44% of Federal contractors may be impacted). E:\FR\FM\07MYR2.SGM 07MYR2

Agencies

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26421-26423]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11027]



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48 Chapter 1





Federal Acquisition Regulations; Rules

Federal Register / Vol. 80 , No. 88 / Thursday, May 7, 2015 / Rules 
and Regulations

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2015-0051, Sequence No. 2]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-82; Introduction

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

ACTION: Summary presentation of 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) 2005-82. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is available via the Internet at http://www.regulations.gov.

DATES: For effective dates see the 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 2005-82 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 2005-82
----------------------------------------------------------------------------------------------------------------
                  Item                                Subject                 FAR Case            Analyst
----------------------------------------------------------------------------------------------------------------
I.......................................  Equal Employment and                   2014-013  Loeb.
                                           Affirmative Action for
                                           Veterans and Individuals with
                                           Disabilities.
II......................................  Review and Justification of            2013-012  Hopkins.
                                           Pass-Through Contracts.
III.....................................  Enhancements to Past                   2014-010  Glover.
                                           Performance Evaluation Systems.
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 2005-82 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 a final rule adopting the interim 
rule published July 25, 2014, without change. The interim rule amended 
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 were restructured in the 
interim rule to provide a citation to the applicable clause in the DOL 
regulations and include a statement that summarizes contractors' top 
level obligations under each clause. There is no significant impact on 
small entities imposed by the FAR rule.

Item II--Review and Justification of Pass-Through Contracts (FAR Case 
2013-012)

    This final rule amends the FAR to implement section 802 of the 
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-
239), which provided for additional requirements relative to the review 
and justification of pass-through contracts. In those instances where 
an offeror for a contract, task order, or delivery order informs the 
agency pursuant to FAR 52.215-22 of their intention to award 
subcontracts for more than 70 percent of the total cost of work to be 
performed under the contract, task order, or delivery order, section 
802 requires the contracting officer to (1) consider the availability 
of alternative contract vehicles and the feasibility of contracting 
directly with a subcontractor or subcontractors that will perform the 
bulk of the work; (2) make a written determination that the contracting 
approach selected is in the best interest of the Government; and (3) 
document the basis for such determination. These statutory requirements 
are being implemented in FAR 15.404-1(h) and for consistency purposes 
are applicable to all of the agencies subject to the FAR even though 
section 802 only applied to the Department of Defense, the Department 
of State, and the United States Agency for International Development.
    Because the rule augments the current responsibilities of 
contracting officers relative to the review and justification of pass-
through contracts and does not initiate or impose any new 
administrative or performance requirements on contractors, and 
specifically exempts contract actions awarded pursuant to FAR subparts 
19.5, 19.8, 19.13, 19.14, or 19.15, there is no impact on small 
businesses.

Item III--Enhancements to Past Performance Evaluation Systems (FAR Case 
2014-010)

    This final rule changes the language at FAR 42.1502 to accommodate 
the recent merger of the Architect-Engineer Contract Administration 
Support System (ACASS) and the Construction Contractor Appraisal 
Support System (CCASS) as modules within the Contractor Performance 
Assessment Reporting System (CPARS) database. This action will 
standardize the past performance reporting requirements under the CPARS 
database. The ACASS and CCASS modules were merged into CPARS on July 1, 
2014.
    This change does not place any new requirements on small entities.

Item IV--Technical Amendments

    Editorial changes are made at FAR 4.905(a), 22.102-2(a), 
39.101(a)(1)(ii), 52.212-4(v), 52.212-5(b)(36)(i), (b)(36)(ii), 
(b)(39)(ii), and (e)(1)(v), 52.213-4(a) and (b), and 52.223-16.


[[Page 26423]]


    Dated: April 30, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2005-82 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 2005-82 is 
effective May 7, 2015 except for items II and III, which are effective 
June 8, 2015.
Dated: April 29, 2015.

RADM Althea H. Coetzee,
Acting Director of Defense Procurement and Acquisition Policy

Dated: May 1, 2015.

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

Dated: April 28, 2015.

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

[FR Doc. 2015-11027 Filed 5-6-15; 8:45 am]
 BILLING CODE P