Federal Acquisition Regulation; Technical Amendments, 83103-83104 [2016-27688]

Download as PDF 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 PO 00000 Frm 00013 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 http://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