Federal Acquisition Regulation; Technical Amendment, 11992-11993 [2016-04774]
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11992
Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Rules and Regulations
PART 22—APPLICATION OF LABOR
LAWS TO GOVERNMENT
ACQUISITIONS
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
22.1904
3. Amend section 22.1904 by
removing from paragraph (b)(1) ‘‘for
subcontractors.’’ and adding ‘‘for
subcontractors).’’ in its place.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
■
48 CFR Parts 4, 22, 25, 36, and 52
PART 25—FOREIGN ACQUISITION
[FAC 2005–87; Item II; Docket No. 2016–
0052; Sequence No. 1]
4. The authority citation for part 25 is
revised to read as follows:
■
Federal Acquisition Regulation;
Technical Amendment
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
ACTION:
Final rule.
This document makes an
amendment to the Federal Acquisition
Regulation (FAR) in order to make an
editorial change.
SUMMARY:
DATES:
Effective: March 7, 2016.
Ms.
Hada Flowers, Regulatory Secretariat
Division (MVCB), 1800 F Street NW.,
2nd Floor, Washington, DC 20405, 202–
501–4755. Please cite FAC 2005–87,
Technical Amendments.
FOR FURTHER INFORMATION CONTACT:
In order to
update certain elements in 48 CFR parts
4, 22, 25, 36, and 52 this document
makes editorial changes to the FAR.
SUPPLEMENTARY INFORMATION:
List of Subject in 48 CFR Parts 4, 22, 25,
36, and 52
Government procurement.
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
mstockstill on DSK4VPTVN1PROD with RULES3
PART 4—ADMINISTRATIVE MATTERS
[Amended]
2. Amend section 4.1703 by removing
from paragraph (a)(1) ‘‘type and
estimated total value of the orders
issued under the contract’’ and adding
‘‘type and estimated total value of each
order under the contract’’ in its place.
Jkt 238001
36.607
[Amended]
6. Amend section 36.607 by removing
from paragraph (b) ‘‘15.507(c).’’ and
adding ‘‘and 15.507(c).’’ in its place.
■
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
7. Amend section 52.212–3 by—
a. Revising the date of the provision;
b. In paragraph (h), following
paragraph (h)(3), removing paragraphs
(i)(1) and (2);
■ c. Adding paragraphs (p) and (q); and
■ d. Removing from Alternate I,
paragraphs (p) and (q).
The revision and additions read as
follows:
■
■
■
*
1. The authority citation for 48 CFR
parts 4, 22, 36, and 52 continues to read
as follow:
20:28 Mar 04, 2016
PART 36—CONSTRUCTION AND
ARCHITECT-ENGINEER CONTRACTS
*
*
*
*
Offeror Representations and
Certifications—Commercial Items
(MAR 2016)
■
VerDate Sep<11>2014
[Amended]
5. Amend section 25.1102 by
removing from paragraph (d)(3) ‘‘use the
clause’’ and adding ‘‘use the provision’’
in its place.
■
*
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 4, 22, 25, 36, and
52 as set forth below:
■
25.1102
52.212–3 Offeror Representations and
Certifications—Commercial Items.
Dated: February 29, 2016.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
4.1703
[Amended]
*
*
*
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*
*
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*
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8. Amend section 52.212–5 by:
a. Revising the date of the clause and
paragraphs (c)(8) and (e)(1)(xv); and
■ b. In Alternate II, revising paragraph
(e)(1)(ii)(N).
The revisions read as follows:
■
*
(p) Ownership or Control of Offeror.
(Applies in all solicitations when there is a
requirement to be registered in SAM or a
requirement to have a DUNS Number in the
solicitation).
(1) The Offeror represents that it b has or
b does not have an immediate owner. If the
Offeror has more than one immediate owner
(such as a joint venture), then the Offeror
shall respond to paragraph (2) and if
applicable, paragraph (3) of this provision for
each participant in the joint venture.
(2) If the Offeror indicates ‘‘has’’ in
paragraph (p)(1) of this provision, enter the
following information:
Immediate owner CAGE code: llll.
Immediate owner legal name: llll.
(Do not use a ‘‘doing business as’’ name)
Is the immediate owner owned or
controlled by another entity: b Yes or b No.
PO 00000
(3) If the Offeror indicates ‘‘yes’’ in
paragraph (p)(2) of this provision, indicating
that the immediate owner is owned or
controlled by another entity, then enter the
following information:
Highest-level owner CAGE code: llll.
Highest-level owner legal name: llll.
(Do not use a ‘‘doing business as’’ name)
(q) Representation by Corporations
Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law. (1)
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, if
contained in subsequent appropriations acts,
The Government will not enter into a
contract with any corporation that—
(i) Has any unpaid Federal tax liability that
has been assessed, for which all judicial and
administrative remedies have been exhausted
or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement
with the authority responsible for collecting
the tax liability, where the awarding agency
is aware of the unpaid tax liability, unless an
agency has considered suspension or
debarment of the corporation and made a
determination that suspension or debarment
is not necessary to protect the interests of the
Government; or
(ii) Was convicted of a felony criminal
violation under any Federal law within the
preceding 24 months, where the awarding
agency is aware of the conviction, unless an
agency has considered suspension or
debarment of the corporation and made a
determination that this action is not
necessary to protect the interests of the
Government.
(2) The Offeror represents that—
(i) It is [ ] is not [ ] a corporation that
has any unpaid Federal tax liability that has
been assessed, for which all judicial and
administrative remedies have been exhausted
or have lapsed, and that is not being paid in
a timely manner pursuant to an agreement
with the authority responsible for collecting
the tax liability; and
(ii) It is [ ] is not [ ] a corporation that
was convicted of a felony criminal violation
under a Federal law within the preceding 24
months.
■
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
(MAR 2016)
*
*
*
(c) * * *
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11993
Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Rules and Regulations
(8) 52.222–55, Minimum Wages Under
Executive Order 13658 (MAR 2016).
*
*
*
(e)(1) * * *
*
(ix) 52.222–55, Minimum Wages Under
Executive Order 13658 (MAR 2016) (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)).
*
(xv) 52.222–55, Minimum Wages Under
Executive Order 13658 (MAR 2016).
*
*
*
*
*
*
(e)(1) * * *
(ii) * * *
*
GENERAL SERVICES
ADMINISTRATION
*
*
*
*
*
■ 9. Amend section 52.213–4 by
revising the date of the clause and
paragraph (b)(1)(ix) to read as follows:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
52.213–4 Terms and Conditions—
Simplified Acquisitions (Other than
Commercial Items).
*
*
[Docket No. FAR 2016–0051, Sequence
No. 1]
*
Terms and Conditions—Simplified
Acquisitions (Other Than Commercial
Items) (MAR 2016)
*
*
DEPARTMENT OF DEFENSE
(N) 52.222–55, Minimum Wages Under
Executive Order 13658 (MAR 2016).
*
*
BILLING CODE 6820–EP–P
Alternate II
*
*
[FR Doc. 2016–04774 Filed 3–4–16; 8:45 am]
*
*
(b) * * *
(1) * * *
*
*
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–87;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
ACTION:
Small Entity Compliance Guide.
This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rules appearing in
Federal Acquisition Circular (FAC)
2005–87, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding these
rules by referring to FAC 2005–87,
which precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
DATES: March 7, 2016.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–87 and the
FAR case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755.
SUMMARY:
RULES LISTED IN FAC 2005–87
Item
Subject
*I ........................
II ........................
Information on Corporate Contractor Performance and Integrity ............................................
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
2005–87 amends the FAR as follows:
Item I—Information on Corporate
Contractor Performance and Integrity
(FAR Case 2013–020)
mstockstill on DSK4VPTVN1PROD with RULES3
This final rule amends the FAR to
implement a section of the National
Defense Authorization Act for Fiscal
Year 2013 to include in the Federal
Awardee Performance and Integrity
VerDate Sep<11>2014
19:23 Mar 04, 2016
Jkt 238001
FAR case
Information System, to the extent
practicable, identification of any
immediate owner or subsidiary, and all
predecessors of an offeror that held a
Federal contract or grant within the last
three years. The objective is to provide
a more comprehensive understanding of
the performance and integrity of the
corporation before awarding a Federal
contract.
This final rule will not have a
significant economic impact on a
substantial number of small entities.
Dated: February 29, 2016.
William Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
[FR Doc. 2016–04775 Filed 3–4–16; 8:45 am]
BILLING CODE 6820–EP–P
Editorial changes are made at FAR
4.1703(a)(1), 22.1904(b)(1),
Frm 00007
Fmt 4701
Sfmt 9990
Davis.
25.1102(d)(3), 36.607(b), 52.212–3(h),
52.212–3(p) and (q), and (p) and (q) of
Alternate I, 52.212–5(c)(8), (e)(1)(xv),
(e)(1)(ii)(N) of Alternate II, and 52.213–
4(b)(1)(ix).
Item II—Technical Amendments
PO 00000
2013–020
Analyst
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]]>Agencies
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)]
[Rules and Regulations]
[Pages 11992-11993]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-04774]
[[Page 11992]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 4, 22, 25, 36, and 52
[FAC 2005-87; Item II; Docket No. 2016-0052; Sequence No. 1]
Federal Acquisition Regulation; Technical Amendment
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes an amendment to the Federal Acquisition
Regulation (FAR) in order to make an editorial change.
DATES: Effective: March 7, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Hada Flowers, Regulatory
Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington,
DC 20405, 202-501-4755. Please cite FAC 2005-87, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to update certain elements in 48
CFR parts 4, 22, 25, 36, and 52 this document makes editorial changes
to the FAR.
List of Subject in 48 CFR Parts 4, 22, 25, 36, and 52
Government procurement.
Dated: February 29, 2016.
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, 25, 36, and
52 as set forth below:
0
1. The authority citation for 48 CFR parts 4, 22, 36, 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
4.1703 [Amended]
0
2. Amend section 4.1703 by removing from paragraph (a)(1) ``type and
estimated total value of the orders issued under the contract'' and
adding ``type and estimated total value of each order under the
contract'' in its place.
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1904 [Amended]
0
3. Amend section 22.1904 by removing from paragraph (b)(1) ``for
subcontractors.'' and adding ``for subcontractors).'' in its place.
PART 25--FOREIGN ACQUISITION
0
4. The authority citation for part 25 is revised to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
25.1102 [Amended]
0
5. Amend section 25.1102 by removing from paragraph (d)(3) ``use the
clause'' and adding ``use the provision'' in its place.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
36.607 [Amended]
0
6. Amend section 36.607 by removing from paragraph (b) ``15.507(c).''
and adding ``and 15.507(c).'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
7. Amend section 52.212-3 by--
0
a. Revising the date of the provision;
0
b. In paragraph (h), following paragraph (h)(3), removing paragraphs
(i)(1) and (2);
0
c. Adding paragraphs (p) and (q); and
0
d. Removing from Alternate I, paragraphs (p) and (q).
The revision and additions read as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (MAR 2016)
* * * * *
(p) Ownership or Control of Offeror. (Applies in all
solicitations when there is a requirement to be registered in SAM or
a requirement to have a DUNS Number in the solicitation).
(1) The Offeror represents that it [square] has or [square] does
not have an immediate owner. If the Offeror has more than one
immediate owner (such as a joint venture), then the Offeror shall
respond to paragraph (2) and if applicable, paragraph (3) of this
provision for each participant in the joint venture.
(2) If the Offeror indicates ``has'' in paragraph (p)(1) of this
provision, enter the following information:
Immediate owner CAGE code: ____.
Immediate owner legal name: ____.
(Do not use a ``doing business as'' name)
Is the immediate owner owned or controlled by another entity:
[square] Yes or [square] No.
(3) If the Offeror indicates ``yes'' in paragraph (p)(2) of this
provision, indicating that the immediate owner is owned or
controlled by another entity, then enter the following information:
Highest-level owner CAGE code: ____.
Highest-level owner legal name: ____.
(Do not use a ``doing business as'' name)
(q) Representation by Corporations Regarding Delinquent Tax
Liability or a Felony Conviction under any Federal Law. (1) 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, if contained in subsequent appropriations
acts, The Government will not enter into a contract with any
corporation that--
(i) Has any unpaid Federal tax liability that has been assessed,
for which all judicial and administrative remedies have been
exhausted or have lapsed, and that is not being paid in a timely
manner pursuant to an agreement with the authority responsible for
collecting the tax liability, where the awarding agency is aware of
the unpaid tax liability, unless an agency has considered suspension
or debarment of the corporation and made a determination that
suspension or debarment is not necessary to protect the interests of
the Government; or
(ii) Was convicted of a felony criminal violation under any
Federal law within the preceding 24 months, where the awarding
agency is aware of the conviction, unless an agency has considered
suspension or debarment of the corporation and made a determination
that this action is not necessary to protect the interests of the
Government.
(2) The Offeror represents that--
(i) It is [ ] is not [ ] a corporation that has any unpaid
Federal tax liability that has been assessed, for which all judicial
and administrative remedies have been exhausted or have lapsed, and
that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability; and
(ii) It is [ ] is not [ ] a corporation that was convicted of a
felony criminal violation under a Federal law within the preceding
24 months.
* * * * *
0
8. Amend section 52.212-5 by:
0
a. Revising the date of the clause and paragraphs (c)(8) and
(e)(1)(xv); and
0
b. In Alternate II, revising paragraph (e)(1)(ii)(N).
The revisions read 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 (MAR 2016)
* * * * *
(c) * * *
[[Page 11993]]
(8) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR
2016).
* * * * *
(e)(1) * * *
(xv) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR
2016).
* * * * *
Alternate II
* * *(e)(1) * * *
(ii) * * *
(N) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR
2016).
* * * * *
0
9. Amend section 52.213-4 by revising the date of the clause and
paragraph (b)(1)(ix) 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) (MAR 2016)
* * * * *
(b) * * *
(1) * * *
(ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR
2016) (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)).
* * * * *
[FR Doc. 2016-04774 Filed 3-4-16; 8:45 am]
BILLING CODE 6820-EP-P
