Federal Acquisition Regulation; Federal Acquisition Circular 2005-82; Introduction, 26421-26423 [2015-11027]
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Vol. 80
Thursday,
No. 88
May 7, 2015
Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 Chapter 1
Federal Acquisition Regulations; Rules
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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 https://
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
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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
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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.
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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:
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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:
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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
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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).
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]]>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]
[[Page 26421]]
Vol. 80
Thursday,
No. 88
May 7, 2015
Part IV
Department of Defense
-----------------------------------------------------------------------
General Services Administration
-----------------------------------------------------------------------
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 Chapter 1
Federal Acquisition Regulations; Rules
Federal Register / Vol. 80 , No. 88 / Thursday, May 7, 2015 / Rules
and Regulations
[[Page 26422]]
-----------------------------------------------------------------------
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 https://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
