Federal Acquisition Regulation; Technical Amendments, 26427-26428 [2015-11031]

Agencies

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

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26427-26428]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11031]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 4, 22, 39, and 52

[FAC 2005-82; Item IV; Docket No. 2015-0052; Sequence No. 1]


Federal Acquisition Regulation; Technical Amendments

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

ACTION: Final rule.

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SUMMARY: This document makes amendments to the Federal Acquisition 
Regulation (FAR) in order to make editorial changes.

DATES: Effective: May 7, 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 2005-82, Technical Amendments.

SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 
CFR parts 4, 22, 39, and 52 this document makes editorial changes to 
the FAR.

List of Subject in 48 CFR Parts 4, 22, 39, and 52

    Government procurement.

    Dated: April 30, 2015.
William Clark,
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 4, 22, 39, and 52 
as set forth below:

0
1. The authority citation for 48 CFR parts 4, 22, 39, and 52 continues 
to read as follow:

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

PART 4--ADMINISTRATIVE MATTERS


4.905  [Amended]

0
2. Amend section 4.905 by removing from paragraph (a) ``provisionat'' 
and adding ``provision at'' in its place.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS

0
3. Amend section 22.102-2 by revising the first sentence of paragraph 
(a) to read as follows:


22.102-2  Administration.

    (a) Agencies shall cooperate with, and encourage contractors to use 
to the fullest extent practicable, the DOL Employment and Training 
Administration (DOLETA) at https://www.doleta.gov, and its affiliated 
local offices in meeting contractors' labor requirements. * * *
* * * * *

PART 39--ACQUISITION OF INFORMATION TECHNOLOGY


39.101  [Amended]

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4. Amend section 39.101 by removing from paragraph (a)(1)(ii) 
``(EPEAT)'' and adding ``(EPEAT[supreg])'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. Amend section 52.212-4 by revising the date of the clause and adding 
paragraph (v) to read as follows:


52.212-4  Contract Terms and Conditions--Commercial Items.

* * * * *

Contract Terms and Conditions--Commercial Items (May 2015)

* * * * *
    (v) Incorporation by reference. The Contractor's representations 
and certifications, including those completed electronically via the 
System for Award Management (SAM), are incorporated by reference 
into the contract.
* * * * *

0
6. Amend section 52.212-5 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (b)(36)(i) ``(Jun 2014)+(E.O.s'' and adding 
``(JUN 2014) (E.O.s'' in its place;
0
c. Removing from paragraph (b)(36)(ii) ``(ii) Alternate I'' and adding 
and ``___ (ii) Alternate I'' in its place;
0
d. Removing from paragraph (b)(39)(ii) ``(ii) Alternate I'' and adding 
``___ (ii) Alternate I'' in its place; and
0
e. Revising paragraph (e)(1)(v).
    The revision reads as follows:


52.212-5   Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders--Commercial Items (May 2015)

* * * * *

[[Page 26428]]

    (e) * * *
    (1) * * *
    (v) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
* * * * *

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7. Amend section 52.213-4 by revising the date of the clause and 
paragraphs (a) and (b) to read as follows:


52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
Commercial Items).

Terms and Conditions--Simplified Acquisitions (Other than Commercial 
Items)(May 2015)

    (a) The Contractor shall comply with the following Federal 
Acquisition Regulation (FAR) clauses that are incorporated by 
reference:
    (1) The clauses listed below implement provisions of law or 
Executive order:
    (i) 52.222-3, Convict Labor (JUN 2003) (E.O. 11755).
    (ii) 52.222-21, Prohibition of Segregated Facilities (APR 2015).
    (iii) 52.222-26, Equal Opportunity (APR 2015) (E.O. 11246).
    (iv) 52.225-13, Restrictions on Certain Foreign Purchases (JUN 
2008) (E.O.s, proclamations, and statutes administered by the Office 
of Foreign Assets Control of the Department of the Treasury).
    (v) 52.233-3, Protest After Award (AUG 1996) (31 U.S.C. 3553).
    (vi) 52.233-4, Applicable Law for Breach of Contract Claim (OCT 
2004) (Pub. L. 108-77, 108-78 (19 U.S.C. 3805 note).
    (2) Listed below are additional clauses that apply:
    (i) 52.232-1, Payments (APR 1984).
    (ii) 52.232-8, Discounts for Prompt Payment (FEB 2002).
    (iii) 52.232-11, Extras (APR 1984).
    (iv) 52.232-25, Prompt Payment (JUL 2013).
    (v) 52.232-39, Unenforceability of Unauthorized Obligations (JUN 
2013).
    (vi) 52.232-40, Providing Accelerated Payments to Small Business 
Subcontractors (DEC 2013).
    (vii) 52.233-1, Disputes (MAY 2014).
    (viii) 52.244-6, Subcontracts for Commercial Items (APR 2015).
    (ix) 52.253-1, Computer Generated Forms (JAN 1991).
    (b) The Contractor shall comply with the following FAR clauses, 
incorporated by reference, unless the circumstances do not apply:
    (1) The clauses listed below implement provisions of law or 
Executive order:
    (i) 52.204-10, Reporting Executive Compensation and First-Tier 
Subcontract Awards (JUL 2013) (Pub. L. 109-282) (31 U.S.C. 6101 
note) (Applies to contracts valued at $25,000 or more).
    (ii) 52.222-19, Child Labor--Cooperation with Authorities and 
Remedies (JAN 2014) (E.O. 13126). (Applies to contracts for supplies 
exceeding the micro-purchase threshold).
    (iii) 52.222-20, Contracts for Materials, Supplies, Articles, 
and Equipment Exceeding $15,000 (MAY 2014) (41 U.S.C. chapter 65) 
(Applies to supply contracts over $15,000 in the United States, 
Puerto Rico, or the U.S. Virgin Islands).
    (iv) 52.222-35, Equal Opportunity for Veterans (JUL 2014) (38 
U.S.C. 4212) (Applies to contracts of $100,000 or more).
    (v) 52.222-36, Equal Employment for Workers with Disabilities 
(JUL 2014) (29 U.S.C. 793) (Applies to contracts over $15,000, 
unless the work is to be performed outside the United States by 
employees recruited outside the United States). (For purposes of 
this clause, ``United States'' includes the 50 States, the District 
of Columbia, Puerto Rico, the Northern Mariana Islands, American 
Samoa, Guam, the U.S. Virgin Islands, and Wake Island.)
    (vi) 52.222-37, Employment Reports on Veterans (JUL 2014) (38 
U.S.C. 4212) (Applies to contracts of $100,000 or more).
    (vii) 52.222-41, Service Contract Labor Standards (MAY 2014) (41 
U.S.C. chapter 67) (Applies to service contracts over $2,500 that 
are subject to the Service Contract Labor Standards statute and will 
be performed in the United States, District of Columbia, Puerto 
Rico, the Northern Mariana Islands, American Samoa, Guam, the U.S. 
Virgin Islands, Johnston Island, Wake Island, or the outer 
Continental Shelf).
    (viii)(A) 52.222-50, Combating Trafficking in Persons (MAR 2015) 
(22 U.S.C. chapter 78 and E.O 13627) (Applies to all solicitations 
and contracts).
    (B) Alternate I (MAR 2015) (Applies if the Contracting Officer 
has filled in the following information with regard to applicable 
directives or notices: Document title(s), source for obtaining 
document(s), and contract performance location outside the United 
States to which the document applies).
    (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (DEC 
2014) (Executive Order 13658) (Applies when 52.222-6 or 52.222-41 
are in the contract and performance in whole or in part is in the 
United States the 50 States and the District of Columbia).
    (x) 52.223-5, Pollution Prevention and Right-to-Know Information 
(MAY 2011) (E.O. 13423) (Applies to services performed on Federal 
facilities).
    (xi) 52.223-15, Energy Efficiency in Energy-Consuming Products 
(DEC 2007) (42 U.S.C. 8259b) (Unless exempt pursuant to 23.204, 
applies to contracts when energy-consuming products listed in the 
ENERGY STAR[supreg] Program or Federal Energy Management Program 
(FEMP) will be--
    (A) Delivered;
    (B) Acquired by the Contractor for use in performing services at 
a Federally-controlled facility;
    (C) Furnished by the Contractor for use by the Government; or
    (D) Specified in the design of a building or work, or 
incorporated during its construction, renovation, or maintenance).
    (xii) 52.225-1, Buy American--Supplies (MAY 2014) (41 U.S.C. 
chapter 67) (Applies to contracts for supplies, and to contracts for 
services involving the furnishing of supplies, for use in the United 
States or its outlying areas, if the value of the supply contract or 
supply portion of a service contract exceeds the micro-purchase 
threshold and the acquisition--
    (A) Is set aside for small business concerns; or
    (B) Cannot be set aside for small business concerns (see 19.502-
2), and does not exceed $25,000).
    (xiii) 52.226-6, Promoting Excess Food Donation to Nonprofit 
Organizations (MAY 2014) (42 U.S.C. 1792) (Applies to contracts 
greater than $25,000 that provide for the provision, the service, or 
the sale of food in the United States).
    (xiv) 52.232-33, Payment by Electronic Funds Transfer--System 
for Award Management (JUL 2013) (Applies when the payment will be 
made by electronic funds transfer (EFT) and the payment office uses 
the System for Award Management (SAM) database as its source of EFT 
information.)
    (xv) 52.232-34, Payment by Electronic Funds Transfer--Other than 
System for Award Management (JUL 2013) (Applies when the payment 
will be made by EFT and the payment office does not use the SAM 
database as its source of EFT information.)
    (xvi) 52.247-64, Preference for Privately Owned U.S.-Flag 
Commercial Vessels (FEB 2006) (46 U.S.C. App. 1241) (Applies to 
supplies transported by ocean vessels (except for the types of 
subcontracts listed at 47.504(d).)
    (2) Listed below are additional clauses that may apply:
    (i) 52.209-6, Protecting the Government's Interest When 
Subcontracting with Contractors Debarred, Suspended, or Proposed for 
Debarment (AUG 2013) (Applies to contracts over $30,000).
    (ii) 52.211-17, Delivery of Excess Quantities (SEP 1989) 
(Applies to fixed-price supplies).
    (iii) 52.247-29, F.o.b. Origin (FEB 2006) (Applies to supplies 
if delivery is f.o.b. origin).
    (iv) 52.247-34, F.o.b. Destination (NOV 1991) (Applies to 
supplies if delivery is f.o.b. destination).
* * * * *

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8. Amend section 52.223-16 by revising the section heading to read as 
follows:


52.223-16  Acquisition of EPEAT[supreg]-Registered Personal Computer 
Products.

* * * * *
[FR Doc. 2015-11031 Filed 5-6-15; 8:45 am]
 BILLING CODE 6820-EP-P