Federal Acquisition Regulation; Federal Acquisition Circular 2005-85; Introduction, 75901-75903 [2015-30455]

Download as PDF Vol. 80 Friday, No. 233 December 4, 2015 Part II Department of Defense General Services Administration National Aeronautics and Space Administration wgreen on DSK2VPTVN1PROD with RULES2 48 CFR Chapter 1 Federal Acquisition Regulations; Rules VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00001 Fmt 4717 Sfmt 4717 E:\FR\FM\04DER2.SGM 04DER2 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 http:// 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 ............................................................... wgreen on DSK2VPTVN1PROD with RULES2 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 VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 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 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 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. E:\FR\FM\04DER2.SGM 04DER2 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. wgreen on DSK2VPTVN1PROD with RULES2 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 VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 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: PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 75903 Submit comments identified by FAC 2005–85, FAR Case 2015–011, by any of the following methods: • Regulations.gov: http:// 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 http:// 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). E:\FR\FM\04DER2.SGM 04DER2

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





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48 CFR Chapter 1





Federal Acquisition Regulations; Rules

Federal Register / Vol. 80 , No. 233 / Friday, December 4, 2015 / 
Rules and Regulations

[[Page 75902]]


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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. 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 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 2005-85 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