Federal Acquisition Regulation; Technical Amendments, 83103-83104 [2016-27688]
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Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
(b) * * *
(2) * * *
Earned value management system
means a project management tool that
effectively integrates the project scope
of work with cost, schedule and
performance elements for optimum
project planning and control. The
qualities and operating characteristics of
an earned value management system are
described in Electronic Industries
Alliance Standard 748 (EIA–748),
Earned Value Management Systems.
(See OMB Circular A–11, Part 7.)
*
*
*
*
*
[FR Doc. 2016–27684 Filed 11–17–16; 8:45 am]
BILLING CODE 6820–EP–C
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 7, 19, 34, 42, and 52
[FAC 2005–92; Item III; Docket No. 2016–
0052; Sequence No. 5]
PART 7—ACQUISITION PLANNING
Federal Acquisition Regulation;
Technical Amendments
7.105
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
DATES: Effective: November 18, 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 2005–92,
Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts
2, 7, 19, 34, 42, and 52 this document
makes editorial changes to the FAR.
SUMMARY:
List of Subjects in 48 CFR Parts 2, 7, 19,
34, 42, and 52
Government procurement.
Dated: November 10, 2016.
William F. 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 2, 7, 19, 34, 42, and
52 as set forth below:
■ 1. The authority citation for 48 CFR
parts 2, 7, and 19 continues to read as
follow:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
mstockstill on DSK3G9T082PROD with RULES6
PART 2—DEFINITIONS OF WORDS
AND TERMS
2. Amend section 2.101, in paragraph
(b)(2) by revising the definition ‘‘Earned
value management system’’ to read as
follows:
■
2.101
*
Definitions.
*
*
VerDate Sep<11>2014
*
*
00:00 Nov 18, 2016
Jkt 241001
[Amended]
3. Amend section 7.105 by removing
from paragraph (b)(11) ‘‘American
National Standards Institute/Electronics
Industries Alliance (ANSI/EIA)
Standard–748, Earned Value
Management Systems’’ and adding
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place.
■
83103
would be received from two or more
WOSB concerns (including EDWOSB
concerns); and
(3) The conditions in paragraph (c) of
this section exist.
(c)(1) The anticipated award price of
the contract, including options, will not
exceed—
(i) $6.5 million for a requirement
within the NAICS codes for
manufacturing; or
(ii) $4 million for a requirement
within any other NAICS codes.
(2) The EDWOSB concern or WOSB
concern has been determined to be a
responsible contractor with respect to
performance.
(3) The award can be made at a fair
and reasonable price.
(d) The SBA has the right to appeal
the contracting officer’s decision not to
make a sole source award to either an
EDWOSB concern or WOSB concern
eligible under the WOSB program.
PART 34—MAJOR SYSTEM
ACQUISITION
PART 19—SMALL BUSINESS
PROGRAMS
■
■
4. Revise section 19.1506 to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
19.1506 Women-Owned Small Business
Program sole source awards.
Subpart 34.0
5. The authority citation for 48 CFR
part 34 is revised to read as follows:
(a) A contracting officer shall consider
a contract award to an EDWOSB
concern on a sole source basis (see
6.302–5(b)(7)) before considering small
business set-asides (see 19.203 and
subpart 19.5) provided none of the
exclusions at 19.1504 apply and—
(1) The acquisition is assigned a
NAICS code in which SBA has
determined that WOSB concerns are
underrepresented in Federal
procurement;
(2) The contracting officer does not
have a reasonable expectation that offers
would be received from two or more
EDWOSB concerns; and
(3) The conditions in paragraph (c) of
this section exist.
(b) A contracting officer shall consider
a contract award to a WOSB concern
(including EDWOSB concerns) eligible
under the WOSB Program on a sole
source basis (see 6.302–5(b)(7)) before
considering small business set-asides
(see 19.203 and subpart 19.5) provided
none of the exclusions at 19.1504 apply
and—
(1) The acquisition is assigned a
NAICS code in which SBA has
determined that WOSB concerns are
substantially underrepresented in
Federal procurement;
(2) The contracting officer does not
have a reasonable expectation that offers
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Fmt 4701
Sfmt 4700
[Amended]
6. Remove the heading of subpart
34.0.
■
34.005–2
[Amended]
7. Amend section 34.005–2 by
removing from paragraph (b)(6) ‘‘ANSI/
EIA Standard—748’’ and adding
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place.
■
34.201
[Amended]
8. Amend section 34.201 by removing
from paragraph (b) ‘‘American National
Standards Institute/Electronics
Industries Alliance (ANSI/EIA)
Standard—748, Earned Value
Management Systems’’ and adding
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place.
■
34.203
[Amended]
9. Amend section 34.203 by—
a. Removing from paragraph (a)
‘‘Notice of Earned Value Management
System—Pre-Award IBR’’ and adding
‘‘Notice of Earned Value Management
System—Preaward Integrated Baseline
Review’’ in its place; and
■ b. Removing from paragraph (b)
‘‘Notice of Earned Value Management
System—Post-Award IBR’’ and adding
‘‘Notice of Earned Value Management
System—Postaward Integrated Baseline
Review’’ in its place.
■
■
E:\FR\FM\18NOR9.SGM
18NOR9
83104
Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place;
and
■ c. Removing from paragraph (b)(4)
‘‘ANSI/EIA Standard—748’’ and adding
‘‘EIA–748’’ in its place.
The revisions read as follows:
PART 42—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
10. The authority citation for 48 CFR
part 42 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
42.709
[Redesignated as Section 42.709–0]
11. Section 42.709 is redesignated as
section 42.709–0, and a new section
42.709 is added to read as follows:
■
42.709
*
*
*
*
*
*
*
*
Notice of Earned Value Management
System—Postaward Integrated Baseline
Review NOV 2016
Penalties for Unallowable Costs.
*
52.234–3 Notice of Earned Value
Management System—Postaward
Integrated Baseline Review.
*
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
*
12. The authority citation for 48 CFR
part 52 continues to read as follows:
■
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
13. Amend section 52.234–2 by—
a. Revising the section and provision
headings;
■ b. Removing from paragraph (a)
‘‘ANSI/EIA Standard—748’’ and adding
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place;
and
■ c. Removing from paragraph (b)(4)
‘‘ANSI/EIA Standard—748’’ and adding
‘‘EIA–748’’ in its place.
The revisions read as follows:
■
■
52.234–2 Notice of Earned Value
Management System—Preaward Integrated
Baseline Review.
*
*
*
*
*
*
*
*
15. Amend section 52.234–4 by—
a. Revising the date of the clause;
■ b. Removing from paragraph (a)
‘‘ANSI/EIA Standard—748’’ and adding
‘‘Electronic Industries Alliance
Standard 748 (EIA–748)’’ in its place;
and
■ c. Removing from paragraph (b)
introductory text ‘‘ANSI/EIA Standard—
748’’ and adding ‘‘EIA–748’’ in its place.
The revision reads as follows:
■
52.234–4
System.
*
*
Earned Value Management
*
*
*
Earned Value Management System NOV
2016
*
*
*
*
*
[FR Doc. 2016–27688 Filed 11–17–16; 8:45 am]
*
BILLING CODE 6820–EP–P
Notice of Earned Value Management
System—Preaward Integrated Baseline
Review NOV 2016
*
*
*
*
*
14. Amend section 52.234–3 by—
a. Revising the section and provision
headings;
■ b. Removing from paragraph (a)
‘‘ANSI/EIA Standard—748’’ and adding
■
■
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2016–0051, Sequence No.
6]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–92;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide.
AGENCY:
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)
2005–92, 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 2005–92,
which precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
DATES: November 18, 2016.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–92 and the
FAR case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755.
SUMMARY:
RULES LISTED IN FAC 2005–92
Subject
* I .......................
* II ......................
III .......................
mstockstill on DSK3G9T082PROD with RULES6
Item
Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation ....
Removal of Regulations Relating to Telegraphic Communication ..........................................
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
2005–92 amends the FAR as follows:
VerDate Sep<11>2014
00:00 Nov 18, 2016
Jkt 241001
FAR case
Item I—Public Disclosure of
Greenhouse Gas Emissions and
Reduction Goals—Representation (FAR
Case 2015–024)
This final rule amends the FAR to
establish an annual representation
requirement to indicate whether or not
and where contractors publicly disclose
PO 00000
Frm 00014
Fmt 4701
Sfmt 4700
2015–024
2015–035
Analyst
Gray.
Francis.
greenhouse gas emissions and
greenhouse gas emission reduction goals
or targets. This representation is
optional for contractors that received
less than $7.5 million in contract
awards from the Government during the
previous Federal fiscal year. The
information obtained from these
E:\FR\FM\18NOR9.SGM
18NOR9
]]>Agencies
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)]
[Rules and Regulations]
[Pages 83103-83104]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-27688]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 7, 19, 34, 42, and 52
[FAC 2005-92; Item III; Docket No. 2016-0052; Sequence No. 5]
Federal Acquisition Regulation; Technical Amendments
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes amendments to the Federal Acquisition
Regulation (FAR) in order to make editorial changes.
DATES: Effective: November 18, 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 2005-92, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to update certain elements in 48
CFR parts 2, 7, 19, 34, 42, and 52 this document makes editorial
changes to the FAR.
List of Subjects in 48 CFR Parts 2, 7, 19, 34, 42, and 52
Government procurement.
Dated: November 10, 2016.
William F. 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 2, 7, 19, 34, 42,
and 52 as set forth below:
0
1. The authority citation for 48 CFR parts 2, 7, and 19 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 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101, in paragraph (b)(2) by revising the definition
``Earned value management system'' to read as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Earned value management system means a project management tool that
effectively integrates the project scope of work with cost, schedule
and performance elements for optimum project planning and control. The
qualities and operating characteristics of an earned value management
system are described in Electronic Industries Alliance Standard 748
(EIA-748), Earned Value Management Systems. (See OMB Circular A-11,
Part 7.)
* * * * *
PART 7--ACQUISITION PLANNING
7.105 [Amended]
0
3. Amend section 7.105 by removing from paragraph (b)(11) ``American
National Standards Institute/Electronics Industries Alliance (ANSI/EIA)
Standard-748, Earned Value Management Systems'' and adding ``Electronic
Industries Alliance Standard 748 (EIA-748)'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
0
4. Revise section 19.1506 to read as follows:
19.1506 Women-Owned Small Business Program sole source awards.
(a) A contracting officer shall consider a contract award to an
EDWOSB concern on a sole source basis (see 6.302-5(b)(7)) before
considering small business set-asides (see 19.203 and subpart 19.5)
provided none of the exclusions at 19.1504 apply and--
(1) The acquisition is assigned a NAICS code in which SBA has
determined that WOSB concerns are underrepresented in Federal
procurement;
(2) The contracting officer does not have a reasonable expectation
that offers would be received from two or more EDWOSB concerns; and
(3) The conditions in paragraph (c) of this section exist.
(b) A contracting officer shall consider a contract award to a WOSB
concern (including EDWOSB concerns) eligible under the WOSB Program on
a sole source basis (see 6.302-5(b)(7)) before considering small
business set-asides (see 19.203 and subpart 19.5) provided none of the
exclusions at 19.1504 apply and--
(1) The acquisition is assigned a NAICS code in which SBA has
determined that WOSB concerns are substantially underrepresented in
Federal procurement;
(2) The contracting officer does not have a reasonable expectation
that offers would be received from two or more WOSB concerns (including
EDWOSB concerns); and
(3) The conditions in paragraph (c) of this section exist.
(c)(1) The anticipated award price of the contract, including
options, will not exceed--
(i) $6.5 million for a requirement within the NAICS codes for
manufacturing; or
(ii) $4 million for a requirement within any other NAICS codes.
(2) The EDWOSB concern or WOSB concern has been determined to be a
responsible contractor with respect to performance.
(3) The award can be made at a fair and reasonable price.
(d) The SBA has the right to appeal the contracting officer's
decision not to make a sole source award to either an EDWOSB concern or
WOSB concern eligible under the WOSB program.
PART 34--MAJOR SYSTEM ACQUISITION
0
5. The authority citation for 48 CFR part 34 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.
Subpart 34.0 [Amended]
0
6. Remove the heading of subpart 34.0.
34.005-2 [Amended]
0
7. Amend section 34.005-2 by removing from paragraph (b)(6) ``ANSI/EIA
Standard--748'' and adding ``Electronic Industries Alliance Standard
748 (EIA-748)'' in its place.
34.201 [Amended]
0
8. Amend section 34.201 by removing from paragraph (b) ``American
National Standards Institute/Electronics Industries Alliance (ANSI/EIA)
Standard--748, Earned Value Management Systems'' and adding
``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place.
34.203 [Amended]
0
9. Amend section 34.203 by--
0
a. Removing from paragraph (a) ``Notice of Earned Value Management
System--Pre-Award IBR'' and adding ``Notice of Earned Value Management
System--Preaward Integrated Baseline Review'' in its place; and
0
b. Removing from paragraph (b) ``Notice of Earned Value Management
System--Post-Award IBR'' and adding ``Notice of Earned Value Management
System--Postaward Integrated Baseline Review'' in its place.
[[Page 83104]]
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
10. The authority citation for 48 CFR part 42 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
42.709 [Redesignated as Section 42.709-0]
0
11. Section 42.709 is redesignated as section 42.709-0, and a new
section 42.709 is added to read as follows:
42.709 Penalties for Unallowable Costs.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
12. The authority citation for 48 CFR part 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
0
13. Amend section 52.234-2 by--
0
a. Revising the section and provision headings;
0
b. Removing from paragraph (a) ``ANSI/EIA Standard--748'' and adding
``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place;
and
0
c. Removing from paragraph (b)(4) ``ANSI/EIA Standard--748'' and
adding ``EIA-748'' in its place.
The revisions read as follows:
52.234-2 Notice of Earned Value Management System--Preaward
Integrated Baseline Review.
* * * * *
Notice of Earned Value Management System--Preaward Integrated Baseline
Review NOV 2016
* * * * *
0
14. Amend section 52.234-3 by--
0
a. Revising the section and provision headings;
0
b. Removing from paragraph (a) ``ANSI/EIA Standard--748'' and adding
``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place;
and
0
c. Removing from paragraph (b)(4) ``ANSI/EIA Standard--748'' and
adding ``EIA-748'' in its place.
The revisions read as follows:
52.234-3 Notice of Earned Value Management System--Postaward
Integrated Baseline Review.
* * * * *
Notice of Earned Value Management System--Postaward Integrated Baseline
Review NOV 2016
* * * * *
0
15. Amend section 52.234-4 by--
0
a. Revising the date of the clause;
0
b. Removing from paragraph (a) ``ANSI/EIA Standard--748'' and adding
``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place;
and
0
c. Removing from paragraph (b) introductory text ``ANSI/EIA Standard--
748'' and adding ``EIA-748'' in its place.
The revision reads as follows:
52.234-4 Earned Value Management System.
* * * * *
Earned Value Management System NOV 2016
* * * * *
[FR Doc. 2016-27688 Filed 11-17-16; 8:45 am]
BILLING CODE 6820-EP-P
