Federal Acquisition Regulation; Federal Acquisition Circular 2005-85; Introduction, 75901-75903 [2015-30455]
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Vol. 80
Friday,
No. 233
December 4, 2015
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Rules
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75902
Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DATES:
Summary presentation of
interim and final rules.
DEPARTMENT OF DEFENSE
FOR FURTHER INFORMATION CONTACT:
GENERAL SERVICES
ADMINISTRATION
ACTION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY:
48 CFR Chapter 1
[Docket No. FAR 2015–0051, Sequence
No. 5]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–85;
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) 2005–85. 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.
The
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–85 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 2005–85
Item
Subject
I ..................................................................
Prohibition on Contracting with Corporations with Delinquent Taxes or a Felony Conviction (Interim).
Further Amendments to Equal Employment Opportunity ..............................................
Updating Federal Contractor Reporting of Veterans’ Employment (Interim) ................
Pilot Program for Enhancement of Contractor Employee Whistleblower Protections ..
Retention Periods ..........................................................................................................
Establishing a Minimum Wage for Contractors .............................................................
Technical Amendment.
II .................................................................
III ................................................................
IV ................................................................
V .................................................................
VI ................................................................
VII ...............................................................
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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
2005–85 amends the FAR as follows:
Item I—Prohibition on Contracting
With Corporations With Delinquent
Taxes or a Felony Conviction (FAR
Case 2015–011) (Interim)
This interim rule amends the FAR to
implement sections of the Consolidated
and Further Continuing Appropriations
Act, 2015, to prohibit the Federal
Government from entering into a
contract with any corporation having a
delinquent Federal tax liability or a
felony conviction under any Federal
law, unless an agency has considered
suspension or debarment of the
corporation and has made a
determination that this further action is
not necessary to protect the interests of
the Government.
This interim rule has no significant
impact on the Government and
contractors, including small business
entities.
Item II—Further Amendments to Equal
Employment Opportunity (FAR Case
2015–013)
DoD, GSA, and NASA are issuing a
final rule adopting an interim rule
published April 10, 2015, without
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FAR Case
change. The interim rule amended the
FAR to implement Executive Order
(E.O.) 13672, entitled ‘‘Further
Amendments to Executive Order 11478,
Equal Employment Opportunity in the
Federal Government, and Executive
Order 11246, Equal Employment
Opportunity’’. E.O. 13672 was signed
July 21, 2014.
E.O. 11246, dated September 24,
1965, established requirements for nondiscriminatory practices in hiring and
employment for Federal contractors and
subcontractors. The bases of
discrimination prohibited by E.O. 11246
are race, color, religion, sex, and
national origin. E.O. 13672 adds sexual
orientation and gender identity to the
prohibited bases of discrimination
established by E.O. 11246. There is no
significant impact on small entities.
Item III—Updating Federal Contractor
Reporting of Veterans’ Employment
(FAR Case 2015–036) (Interim)
DoD, GSA, and NASA are issuing an
interim rule amending the FAR to
implement a final rule issued by the
Department of Labor’s Veterans’
Employment and Training Service
(VETS) that revised the regulations at 41
CFR part 61 implementing the reporting
requirements under the Vietnam Era
Veterans’ Readjustment Assistance Act,
as amended (VEVRAA) and the Jobs for
Veterans Act (JVA) (Pub. L. 107–288).
VEVRAA requires Federal contractors
and subcontractors to annually report
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Analyst
2015–011
Davis.
2015–013
2015–036
2013–015
2015–009
2015–003
Loeb.
Loeb.
Davis.
Glover.
Loeb.
on the total number of their employees
who belong to the categories of veterans
protected under VEVRAA, as amended
by the JVA, and the total number of
those protected veterans who were hired
during the period covered by the report.
The VETS rule requires contractors and
subcontractors to comply with its
revised reporting requirements using the
new Form VETS–4212, in lieu of the
VETS–100 and VETS–100A, beginning
with the annual report filed in 2015.
There is no significant impact on
small entities imposed by the FAR rule.
Item IV—Pilot Program for
Enhancement of Contractor Employee
Whistleblower Protections (FAR Case
2013–015)
This final rule amends the FAR to
implement a statutory pilot program
enhancing whistleblower protections for
contractor employees at FAR subpart
3.9. An interim rule was published
September 30, 2013. The interim rule
created a new FAR section 3.908 to be
used by title 41 agencies through
January 1, 2017.
The four-year pilot program is
mandated by section 828, entitled ‘‘Pilot
Program for Enhancement of Contractor
Employee Whistleblower Protections,’’
of the National Defense Authorization
Act (NDAA) for Fiscal Year (FY) 2013
(Pub. L. 112–239, enacted January 2,
2013).
This rule has no significant impact on
small business concerns.
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Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations
Item V—Retention Periods (FAR Case
2015–009)
This final rule amends the FAR by
updating the Government file retention
periods to conform with the retention
periods in the National Archives and
Records Administration (NARA)
General Records Schedule (GRS).
Language is also added to instruct
agencies that require a shorter retention
period for certain records to request
approval from NARA through the
agency’s record officer. This rule change
does not place any new requirements on
small entities; the only change is the
timeframe for retention by the
Government of Government records.
Item VI—Establishing a Minimum
Wage for Contractors (FAR Case 2015–
003)
DoD, GSA, and NASA are issuing a
final rule adopting the interim rule
published December 15, 2014, with
change. The interim rule amended the
FAR to implement Executive Order
13658 and a Department of Labor final
rule issued on October 7, 2014, both
entitled ‘‘Establishing a Minimum Wage
for Contractors,’’ which established a
new minimum wage for covered service
and construction contracts of $10.10 per
hour, as of January 1, 2015. The
Executive Order minimum wage will be
adjusted annually, by the Department of
Labor. Contracting officers will include
a clause in covered contracts and will
adjust contract prices for the annual
adjustments in the Executive Order
minimum wage. Contractors shall
consider any subcontractor request,
including requests by small businesses
subcontractors, for a subcontract price
adjustment due to the annual
adjustment in the Executive Order
minimum wage.
There is no significant impact on
small entities imposed by the FAR rule.
Item VII—Technical Amendment
Editorial change is made at FAR
1.106.
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Dated: November 20, 2015.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2005–85 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 2005–85 is effective December 4,
2015 except for item I and III which are
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effective February 26, 2016, and item V
which is effective January 4, 2016.
Dated: November 23, 2015.
Claire M. Grady,
Director, Defense Procurement and
Acquisition Policy.
Dated: November 24, 2015.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
Dated: November 20, 2015.
William P. McNally,
Assistant Administrator, Office of
Procurement, National Aeronautics and
Space Administration.
[FR Doc. 2015–30455 Filed 12–3–15; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 4, 9, 12, and 52
[FAC 2005–85; FAR Case 2015–011; Item
No. I; Docket No. 2015–0011; Sequence No.
1]
RIN 9000–AN05
Federal Acquisition Regulation:
Prohibition on Contracting With
Corporations With Delinquent Taxes or
a Felony Conviction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule.
AGENCIES:
DoD, GSA, and NASA are
issuing an interim rule amending the
Federal Acquisition Regulation (FAR) to
implement sections of the Consolidated
and Further Continuing Appropriations
Act, 2015, to prohibit the Federal
Government from entering into a
contract with any corporation having a
delinquent Federal tax liability or a
felony conviction under any Federal
law, unless the agency has considered
suspension or debarment of the
corporation and has made a
determination that this further action is
not necessary to protect the interests of
the Government.
DATES: Effective date: February 26, 2016.
Comment date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
February 2, 2016 to be considered in the
formation of the final rule.
SUMMARY:
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75903
Submit comments
identified by FAC 2005–85, FAR Case
2015–011, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
searching for ‘‘FAR Case 2015–011’’.
Select the link ‘‘Comment Now’’ that
corresponds with ‘‘FAR Case 2015–
011’’. Follow the instructions provided
on the screen. Please include your
name, company name (if any), and
‘‘FAR Case 2015–011’’ on your attached
document.
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), ATTN: Ms. Flowers, 1800 F
Street NW., 2nd Floor, Washington, DC
20405–0001.
Instructions: Please submit comments
only and cite FAC 2005–85, FAR Case
2015–011, Prohibition on Contracting
with Corporation with Delinquent Taxes
or a Felony Conviction, in all
correspondence related to this case.
Comments received generally will be
posted without change to https://
regulations.gov, including any personal
and/or business confidential
information provided. To confirm
receipt of your comment(s), please
check www.regulations.gov,
approximately two to three Days after
submission to verify posting (except
allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms.
Cecelia L. Davis, Procurement Analyst,
at 202–219–0202 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–
85, FAR Case 2015–011.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
I. Background
This interim rule amends the FAR to
implement sections 744 and 745 of
Division E of the Consolidated and
Further Continuing Appropriations Act,
2015 (Pub. L. 113–235) and section 523
of Division B of the same act.
A. Representation
This rule requires that all offerors
responding to Federal solicitations make
a representation regarding whether the
offeror is a corporation with a
delinquent tax liability or a felony
conviction under Federal law, as
required by sections 744 and 745 of
Division E of the Consolidated and
Further Continuing Appropriations Act,
2015 (Pub. L. 113–235) (and similar
provisions in subsequent appropriations
acts).
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]]>Agencies
[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75901-75903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-30455]
[[Page 75901]]
Vol. 80
Friday,
No. 233
December 4, 2015
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1
Federal Acquisition Regulations; Rules
Federal Register / Vol. 80 , No. 233 / Friday, December 4, 2015 /
Rules and Regulations
[[Page 75902]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2015-0051, Sequence No. 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-85; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of interim and 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) 2005-85. 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 2005-85 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 2005-85
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
I.................................... Prohibition on Contracting 2015-011 Davis.
with Corporations with
Delinquent Taxes or a Felony
Conviction (Interim).
II................................... Further Amendments to Equal 2015-013 Loeb.
Employment Opportunity.
III.................................. Updating Federal Contractor 2015-036 Loeb.
Reporting of Veterans'
Employment (Interim).
IV................................... Pilot Program for Enhancement 2013-015 Davis.
of Contractor Employee
Whistleblower Protections.
V.................................... Retention Periods............ 2015-009 Glover.
VI................................... Establishing a Minimum Wage 2015-003 Loeb.
for Contractors.
VII.................................. Technical Amendment..........
----------------------------------------------------------------------------------------------------------------
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 2005-85 amends the FAR as follows:
Item I--Prohibition on Contracting With Corporations With Delinquent
Taxes or a Felony Conviction (FAR Case 2015-011) (Interim)
This interim rule amends the FAR to implement sections of the
Consolidated and Further Continuing Appropriations Act, 2015, to
prohibit the Federal Government from entering into a contract with any
corporation having a delinquent Federal tax liability or a felony
conviction under any Federal law, unless an agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
This interim rule has no significant impact on the Government and
contractors, including small business entities.
Item II--Further Amendments to Equal Employment Opportunity (FAR Case
2015-013)
DoD, GSA, and NASA are issuing a final rule adopting an interim
rule published April 10, 2015, without change. The interim rule amended
the FAR to implement Executive Order (E.O.) 13672, entitled ``Further
Amendments to Executive Order 11478, Equal Employment Opportunity in
the Federal Government, and Executive Order 11246, Equal Employment
Opportunity''. E.O. 13672 was signed July 21, 2014.
E.O. 11246, dated September 24, 1965, established requirements for
non-discriminatory practices in hiring and employment for Federal
contractors and subcontractors. The bases of discrimination prohibited
by E.O. 11246 are race, color, religion, sex, and national origin. E.O.
13672 adds sexual orientation and gender identity to the prohibited
bases of discrimination established by E.O. 11246. There is no
significant impact on small entities.
Item III--Updating Federal Contractor Reporting of Veterans' Employment
(FAR Case 2015-036) (Interim)
DoD, GSA, and NASA are issuing an interim rule amending the FAR to
implement a final rule issued by the Department of Labor's Veterans'
Employment and Training Service (VETS) that revised the regulations at
41 CFR part 61 implementing the reporting requirements under the
Vietnam Era Veterans' Readjustment Assistance Act, as amended (VEVRAA)
and the Jobs for Veterans Act (JVA) (Pub. L. 107-288). VEVRAA requires
Federal contractors and subcontractors to annually report on the total
number of their employees who belong to the categories of veterans
protected under VEVRAA, as amended by the JVA, and the total number of
those protected veterans who were hired during the period covered by
the report. The VETS rule requires contractors and subcontractors to
comply with its revised reporting requirements using the new Form VETS-
4212, in lieu of the VETS-100 and VETS-100A, beginning with the annual
report filed in 2015.
There is no significant impact on small entities imposed by the FAR
rule.
Item IV--Pilot Program for Enhancement of Contractor Employee
Whistleblower Protections (FAR Case 2013-015)
This final rule amends the FAR to implement a statutory pilot
program enhancing whistleblower protections for contractor employees at
FAR subpart 3.9. An interim rule was published September 30, 2013. The
interim rule created a new FAR section 3.908 to be used by title 41
agencies through January 1, 2017.
The four-year pilot program is mandated by section 828, entitled
``Pilot Program for Enhancement of Contractor Employee Whistleblower
Protections,'' of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2013 (Pub. L. 112-239, enacted January 2, 2013).
This rule has no significant impact on small business concerns.
[[Page 75903]]
Item V--Retention Periods (FAR Case 2015-009)
This final rule amends the FAR by updating the Government file
retention periods to conform with the retention periods in the National
Archives and Records Administration (NARA) General Records Schedule
(GRS). Language is also added to instruct agencies that require a
shorter retention period for certain records to request approval from
NARA through the agency's record officer. This rule change does not
place any new requirements on small entities; the only change is the
timeframe for retention by the Government of Government records.
Item VI--Establishing a Minimum Wage for Contractors (FAR Case 2015-
003)
DoD, GSA, and NASA are issuing a final rule adopting the interim
rule published December 15, 2014, with change. The interim rule amended
the FAR to implement Executive Order 13658 and a Department of Labor
final rule issued on October 7, 2014, both entitled ``Establishing a
Minimum Wage for Contractors,'' which established a new minimum wage
for covered service and construction contracts of $10.10 per hour, as
of January 1, 2015. The Executive Order minimum wage will be adjusted
annually, by the Department of Labor. Contracting officers will include
a clause in covered contracts and will adjust contract prices for the
annual adjustments in the Executive Order minimum wage. Contractors
shall consider any subcontractor request, including requests by small
businesses subcontractors, for a subcontract price adjustment due to
the annual adjustment in the Executive Order minimum wage.
There is no significant impact on small entities imposed by the FAR
rule.
Item VII--Technical Amendment
Editorial change is made at FAR 1.106.
Dated: November 20, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2005-85 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 2005-85 is
effective December 4, 2015 except for item I and III which are
effective February 26, 2016, and item V which is effective January 4,
2016.
Dated: November 23, 2015.
Claire M. Grady,
Director, Defense Procurement and Acquisition Policy.
Dated: November 24, 2015.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: November 20, 2015.
William P. McNally,
Assistant Administrator, Office of Procurement, National Aeronautics
and Space Administration.
[FR Doc. 2015-30455 Filed 12-3-15; 8:45 am]
BILLING CODE 6820-EP-P
