Federal Acquisition Regulation; Federal Acquisition Circular 2005-88; Small Entity Compliance Guide, 30449-30450 [2016-11005]

Download as PDF Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations d. Removing FAR segment ‘‘14.214’’ and its corresponding OMB Control No. ‘‘9000–0105’’; ■ e. Adding in numerical sequence, FAR segment ‘‘22.5’’ and its corresponding OMB Control No. ‘‘9000– 0175’’; ■ f. Removing from FAR segment 22.16, the OMB Control No. ‘‘1215–0209’’ and adding ‘‘1245–0004’’ in its place; ■ g. Removing FAR segment ‘‘32’’ and its corresponding OMB Control No. ‘‘9000–0035’’; ■ h. Adding in numerical sequence, FAR segment ‘‘42.15’’ and its corresponding OMB Control No. ‘‘9000– 0142’’; ■ i. Adding in numerical sequence, FAR segments ‘‘44.305’’ and ‘‘52.244–2(i)’’ and their corresponding OMB Control No. ‘‘9000–0132’’; ■ j. Removing from FAR segment 52.203–16, the OMB Control No. ‘‘9000– 0181’’ and adding ‘‘9000–0183’’ in its place; ■ k. Adding in numerical sequence, FAR segments ‘‘52.207–4’’, ‘‘52.209–1’’, ‘‘52.209–2’’, ‘‘52.209–5’’, ‘‘52.209–6’’, ‘‘52.211–7’’, ‘‘52.212–3(h)’’, and ‘‘52.212–5’’, and their corresponding OMB Control Nos., ‘‘9000–0082’’, ‘‘9000–0083’’, ‘‘9000–0190’’, ‘‘9000– 0094’’, ‘‘9000–0094’’, ‘‘9000–0153’’, ‘‘9000–0094’’, and ‘‘9000–0034’’, respectively; ■ l. Removing from FAR segment 52.222–4, the OMB Control No. ‘‘1215– 0119’’ and adding ‘‘1235–0023’’ in its place; ■ m. Removing from FAR segment 52.222–6, the OMB Control No. ‘‘1215– 0140’’ and adding ‘‘1235–0023’’ in its place; ■ n. Removing FAR segment ‘‘55.222– 17’’ and its corresponding OMB Control Nos. ‘‘1235–0007 and 1235–0025’’; ■ o. Adding in numerical sequence, FAR segment ‘‘52.222–17’’ and its corresponding OMB Control Nos. ‘‘1235–0007 and 1235–0025’’; ■ p. Removing from FAR segment 52.222–18, the OMB Control No. ‘‘9000– 0127’’ and adding ‘‘9000–0155’’ in its place; ■ q. Removing from FAR segment 52.222–40, the OMB Control No. ‘‘1215– 0209’’ and adding ‘‘1245–0004’’ in its place; ■ r. Adding in numerical sequence, FAR segments ‘‘52.222–54’’ and ‘‘52.223–7’’, and their corresponding OMB Control Nos. ‘‘1615–0092’’ and ‘‘9000–0107’’, respectively; ■ s. Removing from FAR segment 52.225–4, the OMB Control No. ‘‘9000– asabaliauskas on DSK3SPTVN1PROD with RULES ■ VerDate Sep<11>2014 18:51 May 13, 2016 Jkt 238001 0130’’ and adding ‘‘9000–0024’’ in its place; ■ t. Removing from FAR segment 52.225–6, the OMB Control No. ‘‘9000– 0025’’ and adding ‘‘9000–0024’’ in its place; ■ u. Removing from FAR segment 52.225–9, the OMB Control No. ‘‘9000– 0141’’ and adding ‘‘9000–0024’’ in its place; ■ v. Adding in numerical sequence, FAR segment ‘‘52.225–10’’ and its corresponding OMB Control No. ‘‘9000– 0024’’; ■ w. Removing from FAR segment 52.225–11, the OMB Control No. ‘‘9000– 0141’’ and adding ‘‘9000–0024’’ in its place; ■ x. Adding in numerical sequence, FAR segment ‘‘52.225–12’’ and its corresponding OMB Control No. ‘‘9000– 0024’’; ■ y. Removing from FAR segment 52.225–21, the OMB Control No. ‘‘9000– 0141’’ and adding ‘‘9000–0024’’ in its place; ■ z. Removing from FAR segment 52.225–23, the OMB Control No. ‘‘9000– 0141’’ and adding ‘‘9000–0024’’ in its place; ■ aa. Adding in numerical sequence, FAR segment ‘‘52.225–26’’ and its corresponding OMB Control No. ‘‘9000– 0184’’; ■ bb. Adding in numerical sequence, FAR segments ‘‘52.227–11’’ and ‘‘52.227–13’’, and their corresponding OMB Control No. ‘‘9000–0095’’; ■ cc. Removing from FAR segment 52.232–5, the OMB Control No. ‘‘9000– 0070’’ and adding ‘‘9000–0102’’ in its place; ■ dd. Adding in numerical sequence, FAR segments ‘‘52.232–33’’ and ‘‘52.232–34’’ and their corresponding OMB Control No. ‘‘9000–0144’’; ■ ee. Removing FAR segment ‘‘52.233– 7’’ and its corresponding OMB Control No. ‘‘9000–0117’’; ■ ff. Removing from FAR segment 52.236–13, the OMB Control No. ‘‘1220– 0029 and’’; ■ gg. Adding in numerical sequence, FAR segments ‘‘52.237–10’’ and ‘‘52.242–13’’ and their corresponding OMB Control Nos. ‘‘9000–0152’’ and ‘‘9000–0108’’, respectively; ■ hh. Removing FAR segment ‘‘52.246– 10’’ and its corresponding OMB Control No. ‘‘9000–0077’’; ■ ii. Adding in numerical sequence, FAR segments ‘‘52.247–6’’ and ‘‘52.247– 52’’ and their corresponding OMB Control No. ‘‘9000–0061’’; ■ jj. Removing FAR segment ‘‘52.249– 11’’ and its corresponding OMB Control No. ‘‘9000–0028’’; PO 00000 Frm 00023 Fmt 4701 Sfmt 4700 30449 kk. Adding in numerical sequence, FAR segment ‘‘52.251–2’’ and its corresponding OMB Control No. ‘‘9000– 0032’’; and ■ ll. Adding in numerical sequence, FAR segments ‘‘SF 294’’ and ‘‘SF 295’’ and their corresponding OMB Control Nos. ‘‘9000–0006’’ and ‘‘9000–0007’’, respectively. ■ [FR Doc. 2016–11004 Filed 5–13–16; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR 2016–0051, Sequence No. 2] Federal Acquisition Regulation; Federal Acquisition Circular 2005–88; 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) 2005–88, 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 2005–88, which precedes this document. These documents are also available via the Internet at http://www.regulations.gov. SUMMARY: DATES: May 16, 2016. For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005–88 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202–501–4755. FOR FURTHER INFORMATION CONTACT: E:\FR\FM\16MYR2.SGM 16MYR2 30450 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations RULES LISTED IN FAC Item Subject * I ....................... * II ...................... High Global Warming Potential Hydrofluorocarbons ............................................................... Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations. Basic Safeguarding of Contractor Information Systems .......................................................... Improvement in Design-Build Construction Process ............................................................... Technical Amendments. * III ..................... * IV .................... * V ..................... 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 2005–88 amends the FAR as follows: asabaliauskas on DSK3SPTVN1PROD with RULES Item I—High Global Warming Potential Hydrofluorocarbons (FAR Case 2014– 026) This final rule implements Executive branch policy in the President’s Climate Action Plan to procure, when feasible, alternatives to high global warming potential-hydrofluorocarbons (HFCs). The rule also requires contractors to report annually the amount of HFCs contained in equipment delivered to the Government or added or taken out of Government equipment under service contracts. This will allow agencies to better meet the greenhouse gas emission reduction goals and reporting requirements of the Executive Order 13693 on Planning for Sustainability in the Next Decade. This rule applies to small entities because about threequarters of the affected contractors are small businesses and precluding them would undermine the overall intent of this policy. However, to minimize the impact this rule could have on all businesses, especially small businesses, this rule only requires tracking and reporting on equipment that normally contain 50 or more pounds of HFCs. In addition, this rule does not impose a labeling requirement for products that contain or are manufactured with HFCs, unlike the labeling requirement that is required by statute for ozone-depleting substances. VerDate Sep<11>2014 18:51 May 13, 2016 Jkt 238001 FAR Case Item II—Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or Peacekeeping Operations (FAR Case 2015–020) This final rule amends the FAR to implement 41 U.S.C. 153, which establishes a higher simplified acquisition threshold (SAT) for overseas acquisitions in support of humanitarian or peacekeeping operations. When FAR Case 2003–022 was published as a rule in 2004, the definition for SAT at FAR 2.101 was changed, but the drafters of the rule also inadvertently deleted the reference to overseas humanitarian or peacekeeping missions and the requisite doubling of the SAT in those circumstances. This rule reinstates the increased SAT for overseas acquisitions for peacekeeping or humanitarian operations. Accordingly, this rule provides contracting officers with more flexibility when contracting in support of overseas humanitarian or peacekeeping operations. This final rule does not place any new requirements on small entities. Item III—Basic Safeguarding of Contractor Information Systems (FAR Case 2011–020) This final rule amends the FAR to add a new FAR subpart 4.19 and contract clause 52.204–21 for the basic safeguarding of covered contractor information systems, i.e., that process, store, or transmit Federal contract information. The clause does not relieve the contractor of any other specific safeguarding requirement specified by Federal agencies and departments as it relates to covered contractor PO 00000 Frm 00024 Fmt 4701 Sfmt 9990 Analyst 2014–026 2015–020 Gray. Francis. 2011–020 2015–018 Davis. Glover. information systems generally or other Federal requirements for safeguarding controlled unclassified information (CUI) as established by Executive Order 13556. Systems that contain classified information, or CUI such as personally identifiable information, require more than the basic level of protection. This rule will not have a significant economic impact on contractors (including small business concerns) or the Government. Item IV—Improvement in Design-Build Construction Process (FAR Case 2015– 018) This final rule revises the FAR to implement section 814 of the Carl Levin and Howard P. ‘Buck’ McKeon National Defense Authorization Act for Fiscal Year 2015. When a two-phase designbuild construction acquisition is valued at greater than $4 million, section 814 requires the head of the contracting activity to approve a contracting officer determination to select more than five offerors to submit phase-two proposals. The approval level is delegable no lower than the senior contracting official within the contracting activity. This rule change does not place any new requirements on small entities. Item V—Technical Amendments Editorial changes are made at FAR 1.106. Dated: May 5, 2016. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2016–11005 Filed 5–13–16; 8:45 am] BILLING CODE 6820–EP–P E:\FR\FM\16MYR2.SGM 16MYR2

Agencies

[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30449-30450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11005]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2016-0051, Sequence No. 2]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-88; Small Entity Compliance Guide

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

ACTION: Small Entity Compliance Guide.

-----------------------------------------------------------------------

SUMMARY: 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) 2005-88, 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 2005-88, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: May 16, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-88 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat Division 
at 202-501-4755.

[[Page 30450]]



                                               Rules Listed in FAC
----------------------------------------------------------------------------------------------------------------
               Item                           Subject               FAR Case                 Analyst
----------------------------------------------------------------------------------------------------------------
* I..............................  High Global Warming                 2014-026  Gray.
                                    Potential
                                    Hydrofluorocarbons.
* II.............................  Simplified Acquisition              2015-020  Francis.
                                    Threshold for Overseas
                                    Acquisitions in Support of
                                    Humanitarian or
                                    Peacekeeping Operations.
* III............................  Basic Safeguarding of               2011-020  Davis.
                                    Contractor Information
                                    Systems.
* IV.............................  Improvement in Design-Build         2015-018  Glover.
                                    Construction Process.
* V..............................  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 2005-88 amends the FAR as follows:

Item I--High Global Warming Potential Hydrofluorocarbons (FAR Case 
2014-026)

    This final rule implements Executive branch policy in the 
President's Climate Action Plan to procure, when feasible, alternatives 
to high global warming potential-hydrofluorocarbons (HFCs). The rule 
also requires contractors to report annually the amount of HFCs 
contained in equipment delivered to the Government or added or taken 
out of Government equipment under service contracts. This will allow 
agencies to better meet the greenhouse gas emission reduction goals and 
reporting requirements of the Executive Order 13693 on Planning for 
Sustainability in the Next Decade. This rule applies to small entities 
because about three-quarters of the affected contractors are small 
businesses and precluding them would undermine the overall intent of 
this policy. However, to minimize the impact this rule could have on 
all businesses, especially small businesses, this rule only requires 
tracking and reporting on equipment that normally contain 50 or more 
pounds of HFCs. In addition, this rule does not impose a labeling 
requirement for products that contain or are manufactured with HFCs, 
unlike the labeling requirement that is required by statute for ozone-
depleting substances.

Item II--Simplified Acquisition Threshold for Overseas Acquisitions in 
Support of Humanitarian or Peacekeeping Operations (FAR Case 2015-020)

    This final rule amends the FAR to implement 41 U.S.C. 153, which 
establishes a higher simplified acquisition threshold (SAT) for 
overseas acquisitions in support of humanitarian or peacekeeping 
operations. When FAR Case 2003-022 was published as a rule in 2004, the 
definition for SAT at FAR 2.101 was changed, but the drafters of the 
rule also inadvertently deleted the reference to overseas humanitarian 
or peacekeeping missions and the requisite doubling of the SAT in those 
circumstances. This rule reinstates the increased SAT for overseas 
acquisitions for peacekeeping or humanitarian operations. Accordingly, 
this rule provides contracting officers with more flexibility when 
contracting in support of overseas humanitarian or peacekeeping 
operations. This final rule does not place any new requirements on 
small entities.

Item III--Basic Safeguarding of Contractor Information Systems (FAR 
Case 2011-020)

    This final rule amends the FAR to add a new FAR subpart 4.19 and 
contract clause 52.204-21 for the basic safeguarding of covered 
contractor information systems, i.e., that process, store, or transmit 
Federal contract information. The clause does not relieve the 
contractor of any other specific safeguarding requirement specified by 
Federal agencies and departments as it relates to covered contractor 
information systems generally or other Federal requirements for 
safeguarding controlled unclassified information (CUI) as established 
by Executive Order 13556. Systems that contain classified information, 
or CUI such as personally identifiable information, require more than 
the basic level of protection. This rule will not have a significant 
economic impact on contractors (including small business concerns) or 
the Government.

Item IV--Improvement in Design-Build Construction Process (FAR Case 
2015-018)

    This final rule revises the FAR to implement section 814 of the 
Carl Levin and Howard P. `Buck' McKeon National Defense Authorization 
Act for Fiscal Year 2015. When a two-phase design-build construction 
acquisition is valued at greater than $4 million, section 814 requires 
the head of the contracting activity to approve a contracting officer 
determination to select more than five offerors to submit phase-two 
proposals. The approval level is delegable no lower than the senior 
contracting official within the contracting activity. This rule change 
does not place any new requirements on small entities.

Item V--Technical Amendments

    Editorial changes are made at FAR 1.106.

    Dated: May 5, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2016-11005 Filed 5-13-16; 8:45 am]
 BILLING CODE 6820-EP-P