Federal Acquisition Regulation: Update to Product and Service Codes, 38307-38308 [2015-16209]
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Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
titled: Prohibition on Contracting with
Inverted Domestic Corporations—
Representation and Notification.
corporation during contract performance, the
Contractor shall give written notice to the
Contracting Officer within five business days
from the date of the inversion event.
List of Subjects in 48 CFR Parts 1 and
52
(End of clause)
5. Amend section 52.212–3 by
revising the date of the provision and
paragraph (n)(2) to read as follows:
■
Government procurement.
Dated: June 18, 2015.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
52.212–3 Offeror Representations and
Certifications—Commercial Items.
*
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 1 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 1 and 52 continues to read as
follows:
2. Amend section 1.106 in the table
following the introductory text, by
adding in numerical sequence, ‘‘52.209–
10’’ and its corresponding OMB Control
Number ‘‘9000–0190’’.
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.209–2 by
revising the date of provision and
paragraph (c) to read as follows:
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52.209–2 Prohibition on Contracting With
Inverted Domestic Corporations—
Representation.
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SUPPLEMENTARY INFORMATION:
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6. Amend section 52.212–5 by
revising the date of the clause and
paragraph (a)(1) to read as follows:
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52.212–5 Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items.
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Contract Terms and Conditions
Required to Implement Statutes or
Executive Orders—Commercial Items
(Nov 2015)
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BILLING CODE 6820–EP–P
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DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
4. Amend section 52.209–10 by
revising the date of the clause; and
adding paragraph (d) to read as follows:
48 CFR Parts 5 and 22
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asabaliauskas on DSK5VPTVN1PROD with RULES
52.209–10 Prohibition on Contracting with
Inverted Domestic Corporations.
[FAC 2005–83; FAR Case 2015–008; Item
III; Docket No. 2015–0008, Sequence No.
1]
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RIN 9000–AN08
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Prohibition on Contracting With
Inverted Domestic Corporations (Nov
2015)
Federal Acquisition Regulation:
Update to Product and Service Codes
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AGENCIES:
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(d) In the event the Contractor becomes
either an inverted domestic corporation, or a
subsidiary of an inverted domestic
VerDate Sep<11>2014
21:24 Jul 01, 2015
Jkt 235001
DoD, GSA, and NASA are revising the
FAR to amend 5.207 and 22.1003–4 to
correct the terminology and update the
descriptions of the Federal product and
service codes to conform to the Federal
Procurement Data System Product and
Service Codes Manual, August 2011
Edition. There is no change to the
groups covered, and the new
descriptions better reflect product
coverage.
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the Federal Acquisition Regulation.
Paragraph (a)(1) of the statute requires
that a procurement policy, regulation,
procedure, or form (including an
amendment or modification thereof)
must be published for public comment
if it relates to the expenditure of
appropriated funds, and has either a
significant effect beyond the internal
operating procedures of the agency
issuing the policy, regulation,
procedure, or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it does not change
the Federal Supply Groups covered. It
only updates the descriptions of the
listed product service groups to reflect
the current Product and Service Codes
Manual. It does not impact which
products are subject to the service
contract labor standards.
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
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I. Background
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
(End of provision)
*
FOR FURTHER INFORMATION CONTACT:
(a) * * *
(1) 52.209–10, Prohibition on Contracting
with Inverted Domestic Corporations (Nov
2015).
[FR Doc. 2015–16208 Filed 7–1–15; 8:45 am]
(c) Representation. The Offeror represents
that—
(1) It b is, b is not an inverted domestic
corporation; and
(2) It b is, b is not a subsidiary of an
inverted domestic corporation.
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Effective: August 3, 2015.
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Prohibition on Contracting with
Inverted Domestic Corporations—
Representation (Nov 2015)
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DATES:
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DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
correct the terminology relating to
preparation and transmittal of synopses
and update the descriptions of Federal
product and service codes related to
exemptions from service contract labor
standards, to conform to the current
Federal Procurement Data System
Product and Service Codes Manual.
SUMMARY:
(n) * * *
(2) Representation. The Offeror represents
that—
(i) It b is, b is not an inverted domestic
corporation; and
(ii) It b is, b is not a subsidiary of an
inverted domestic corporation.
[Amended]
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Final rule.
Mr.
Michael O. Jackson, Procurement
Analyst, at 202–208–4949 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
Please cite FAC 2005–83, FAR Case
2015–008.
*
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
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Offeror Representations and
Certifications—Commercial Items (Nov
2015)
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
1.106
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ACTION:
38307
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
PO 00000
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Fmt 4701
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E:\FR\FM\02JYR3.SGM
02JYR3
38308
Federal Register / Vol. 80, No. 127 / Thursday, July 2, 2015 / Rules and Regulations
III. Executive Orders 12866 and 13563
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 not a significant
regulatory action and, therefore, was not
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.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision within the meaning of
FAR 1.501–1 and 41 U.S.C. 1707 does
not require publication for public
comment.
V. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 5 and
22
Government procurement.
asabaliauskas on DSK5VPTVN1PROD with RULES
[FR Doc. 2015–16209 Filed 7–1–15; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 6
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
clarify that a determination of
exceptional circumstances is needed
when a noncompetitive contract
awarded on the basis of unusual and
compelling urgency exceeds 1 year,
either at time of award or due to postaward modifications.
DATES: Effective: August 3, 2015.
SUMMARY:
[Amended]
2. Amend section 5.207 by—
a. Removing from paragraph (a)(5)
‘‘Classification Code’’ and adding
‘‘Product or Service Code’’ in its place;
and
■ b. Removing from paragraph (c)(13)
‘‘supply’’ and adding ‘‘product’’ in its
place.
Jkt 235001
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(c) * * *
(1) * * *
(ii) Scientific equipment and medical
apparatus or equipment if the
application of micro-electronic circuitry
or other technology of at least similar
sophistication is an essential element
(for example, Product or Service Code
(PSC) 6515, ‘‘Medical and Surgical
Instruments, Equipment, and Supplies;’’
PSC 6525, ‘‘Imaging Equipment and
Supplies: Medical, Dental, Veterinary;’’
PSC 6630, ‘‘Chemical Analysis
Instruments;’’ and PSC 6655,
‘‘Geophysical Instruments,’’ are largely
composed of the types of equipment
exempted in this paragraph).
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AGENCY:
PART 5—PUBLICIZING CONTRACT
ACTIONS
22:10 Jul 01, 2015
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Federal Acquisition Regulation;
Clarification on Justification for Urgent
Noncompetitive Awards Exceeding
One Year
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
VerDate Sep<11>2014
22.1003–4 Administrative limitations,
variations, tolerances, and exemptions.
RIN 9000–AM86
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 5 and 22 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 5 and 22 continues to read as
follows:
■
■
3. Amend section 22.1003–4 by
revising paragraph (c)(1)(ii) to read as
follows:
■
[FAC 2005–83; FAR Case 2014–020; Item
IV; Docket No. 2014–0020; Sequence
No. 1]
Dated: June 18, 2015.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
5.207
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
PO 00000
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Mr.
Michael O. Jackson, Procurement
Analyst, at 202–208–4949 for
clarification of content. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755. Please cite
FAC 2005–83, FAR Case 2014–020.
FOR FURTHER INFORMATION CONTACT:
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
79 FR 78378 on December 30, 2014. The
rule was in response to a Government
Accountability Office (GAO) report,
GAO–14–304, Federal Contracting:
Noncompetitive Contracts Based on
Urgency Need Additional Oversight,
dated March 2014. The proposed rule
language at FAR 6.302–2(d) has been
revised to further clarify it. One
respondent submitted a comment on the
proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comment in the
development of the final rule. The
comment resulted in no changes to the
final rule. A discussion of the comment
is provided in the following paragraph.
Comment: The respondent stated that
there should be no justification for
extending any contract that is
noncompetitive for more than one year.
Response: The extension of noncompetitive contracts is allowable. The
purpose of this case is to ensure that
when the extension has been deemed to
be warranted, that the proper
justification and documentation are
prepared and included in the contract
file.
III. Executive Orders 12866 and 13563
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 not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
E:\FR\FM\02JYR3.SGM
02JYR3
]]>Agencies
[Federal Register Volume 80, Number 127 (Thursday, July 2, 2015)]
[Rules and Regulations]
[Pages 38307-38308]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-16209]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5 and 22
[FAC 2005-83; FAR Case 2015-008; Item III; Docket No. 2015-0008,
Sequence No. 1]
RIN 9000-AN08
Federal Acquisition Regulation: Update to Product and Service
Codes
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to correct the terminology
relating to preparation and transmittal of synopses and update the
descriptions of Federal product and service codes related to exemptions
from service contract labor standards, to conform to the current
Federal Procurement Data System Product and Service Codes Manual.
DATES: Effective: August 3, 2015.
FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement
Analyst, at 202-208-4949 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAC 2005-83, FAR Case
2015-008.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are revising the FAR to amend 5.207 and 22.1003-
4 to correct the terminology and update the descriptions of the Federal
product and service codes to conform to the Federal Procurement Data
System Product and Service Codes Manual, August 2011 Edition. There is
no change to the groups covered, and the new descriptions better
reflect product coverage.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure, or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because it does not change the Federal Supply Groups covered. It only
updates the descriptions of the listed product service groups to
reflect the current Product and Service Codes Manual. It does not
impact which products are subject to the service contract labor
standards.
[[Page 38308]]
III. Executive Orders 12866 and 13563
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 not a significant regulatory action and, therefore, was not
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.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require
publication for public comment.
V. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 5 and 22
Government procurement.
Dated: June 18, 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 5 and 22 as set
forth below:
0
1. The authority citation for 48 CFR parts 5 and 22 continues to read
as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
PART 5--PUBLICIZING CONTRACT ACTIONS
5.207 [Amended]
0
2. Amend section 5.207 by--
0
a. Removing from paragraph (a)(5) ``Classification Code'' and adding
``Product or Service Code'' in its place; and
0
b. Removing from paragraph (c)(13) ``supply'' and adding ``product'' in
its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
0
3. Amend section 22.1003-4 by revising paragraph (c)(1)(ii) to read as
follows:
22.1003-4 Administrative limitations, variations, tolerances, and
exemptions.
* * * * *
(c) * * *
(1) * * *
(ii) Scientific equipment and medical apparatus or equipment if the
application of micro-electronic circuitry or other technology of at
least similar sophistication is an essential element (for example,
Product or Service Code (PSC) 6515, ``Medical and Surgical Instruments,
Equipment, and Supplies;'' PSC 6525, ``Imaging Equipment and Supplies:
Medical, Dental, Veterinary;'' PSC 6630, ``Chemical Analysis
Instruments;'' and PSC 6655, ``Geophysical Instruments,'' are largely
composed of the types of equipment exempted in this paragraph).
* * * * *
[FR Doc. 2015-16209 Filed 7-1-15; 8:45 am]
BILLING CODE 6820-EP-P
