Federal Acquisition Regulation; Federal Acquisition Circular 2005-95; Introduction, 4708-4709 [2016-31494]
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Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Rules and Regulations
and National Aeronautics and Space
Administration (NASA).
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
ACTION:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
SUMMARY:
Summary presentation of final
rules.
48 CFR Chapter 1
[Docket No. FAR 2016–0051, Sequence No.
9]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–95;
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) 2005–95. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
available via the Internet at https://
www.regulations.gov.
For effective dates see the
separate documents, which follow.
DATES:
The
analyst whose name appears in the table
below in relation to the FAR case.
Please cite FAC 2005–95 and the
specific FAR case number. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755.
FOR FURTHER INFORMATION CONTACT:
RULES LISTED IN FAC 2005–95
Item
Subject
I ...................................
II ..................................
III .................................
IV ................................
V .................................
Uniform Use of Line Items ........................................................................................................
Acquisition Threshold for Special Emergency Procurement Authority ....................................
Contractor Employee Internal Confidentiality Agreements or Statements ...............................
Contracts Under the Small Business Administration 8(a) Program .........................................
Prohibition on Reimbursement for Congressional Investigations and Inquiries ......................
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
2005–95 amends the FAR as follows:
asabaliauskas on DSK3SPTVN1PROD with RULES
Item I—Uniform Use of Line Items
(FAR Case 2013–014)
This final rule amends the FAR to
establish standards for the uniform use
of line items in Federal procurement.
These standards are designed to
improve the accuracy, traceability, and
usability of procurement data. The
implementation of these standards will
facilitate the identification and
traceability of spending from
appropriation through expenditure,
supporting automated collection of
information using key identifiers. The
implementation date for FAR 4.1002
through 4.1008 will be October 1, 2019.
The requirements in the rule have the
potential to impact any entity, small or
large, that does business with the
Federal Government because the
proposed rule would apply to purchases
of items, including commercial items
and commercially available off-the-shelf
items, and purchases under the
simplified acquisition threshold. Any
small business that contracts with a
Federal agency could be impacted to at
least some extent.
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20:34 Jan 12, 2017
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FAR Case
Item II—Acquisition Threshold for
Special Emergency Procurement
Authority (FAR Case 2016–004)
This final rule amends the FAR by
increasing the simplified acquisition
threshold (SAT) for special emergency
procurement authority from $300,000 to
$750,000 (within the United States) and
from $1 million to $1.5 million (outside
the United States) for acquisitions of
supplies or services that, as determined
by the head of the agency, are to be used
to support a contingency operation or to
facilitate defense against or recovery
from nuclear, biological, chemical, or
radiological attack. This change
implements Section 816 of the National
Defense Authorization Act for Fiscal
Year 2016 (Pub. L. 114–92). This rule
provides contracting officers with more
flexibility when contracting in support
of contingency operations.
The rule is not anticipated to have a
significant economic impact on small
business entities, because the rule raises
the SAT for special emergency
procurements, an arena in which a
smaller percentage of small businesses
participate, as compared to larger
businesses. This final rule does not
place any new requirements on small
entities.
Item III—Contractor Employee Internal
Confidentiality Agreements or
Statements (FAR Case 2015–012)
This final rule revises the FAR to
implement section 743 of division E,
title VII, of the Consolidated and
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Fmt 4701
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2013–014
2016–004
2015–012
2012–022
2015–016
Analyst
Francis.
Francis.
Davis.
Uddowla.
Delgado.
Further Continuing Appropriations Act,
2015 (Pub. L. 113–235) and successor
provisions in subsequent appropriations
acts. Section 743 prohibits the use of
funds appropriated or otherwise made
available by Division E or any other act,
for a contract with an entity that
requires employees and subcontractors
of such entity to sign internal
confidentiality agreements or statements
prohibiting or otherwise restricting such
employees or subcontractors from
lawfully reporting waste, fraud, or
abuse, to a designated investigative or
law enforcement representative of a
Federal department or agency
authorized to receive such information
(e.g., agency office of the Inspector
General). This rule is not expected to
have a significant impact on small
entities contracting with the
Government.
Item IV—Contracts Under the Small
Business Administration 8(a) Program
(FAR Case 2012–022)
This final rule amends the Federal
Acquisition Regulation (FAR) to
implement clarifications made by the
Small Business Administration in its
final rule, which published in the
Federal Register at 76 FR 8222 on
February 11, 2011. This final rule
clarifies in the FAR the procedures and
requirements used when contracting
under the 8(a) program. Clarifications
include the evaluation, offering, and
acceptance process, procedures for
acquiring SBA’s consent to procure an
E:\FR\FM\13JAR4.SGM
13JAR4
Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Rules and Regulations
8(a) requirement outside the 8(a)
program, and the impact of exiting the
8(a) program in terms of the firm’s
ability to receive future 8(a)
requirements and its current contractual
commitments.
This final rule does not place any new
requirements, financial or otherwise, on
small entities, and serves mainly to
provide more explicit guidance to
Federal contracting officials.
Item V—Prohibition on Reimbursement
for Congressional Investigations and
Inquiries (FAR Case 2015–016)
This rule amends the FAR to
implement section 857 of the Carl Levin
and Howard P. ‘Buck’ McKeon National
Defense Authorization Act for Fiscal
Year 2015. Section 857 imposes
additional requirements relative to the
allowability of costs incurred by a
contractor in connection with a
congressional investigation or inquiry.
Contracting officers need to be aware of
these new restrictions on certain costs,
which cannot be charged under
contracts. Although small businesses
subject to FAR part 31 will need to
maintain accounting records, this rule
does not place any new requirements on
small entities.
Dated: December 21, 2016.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Acquisition Circular (FAC)
2005–95 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 2005–95 is effective January 13,
2017 except for item III, which is
effective January 19, 2017.
Dated: December 21, 2016.
Claire M. Grady,
Director, Defense Procurement and
Acquisition Policy.
Dated: December 21, 2016.
William F. Clark,
Acting, Senior Procurement Executive, Office
of Acquisition Policy, U.S. General Services
Administration.
Dated: December 19, 2016.
William P. McNally,
Assistant Administrator, Office of
Procurement National Aeronautics and
Space Administration.
[FR Doc. 2016–31494 Filed 1–12–17; 8:45 am]
BILLING CODE 6820–EP–P
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Jkt 241001
appropriation through expenditure,
supporting automated collection of
information using key identifiers. Three
respondents submitted comments on the
proposed rule.
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 2, 3, 4, 5, 7, 8, 9, 12, 14,
15, 16, 17, 27, 32, 42, 48, 49, and 52
[FAC 2005–95; FAR Case 2013–014; Item
I; Docket No. 2013–0014, Sequence No. 1]
RIN 9000–AM73
Federal Acquisition Regulation;
Uniform Use of Line Items
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA, and NASA are
issuing a final rule amending the
Federal Acquisition Regulation (FAR) to
establish uniform use of line items in
Federal procurement.
DATES: Effective: January 13, 2017. In
order to provide agencies with time to
transition their information systems,
agencies have until October 1, 2019, to
apply the requirements of FAR 4.1002
through 4.1008 of subpart 4.10.
FOR FURTHER INFORMATION CONTACT: Ms.
Camara Francis, Procurement Analyst,
at 202–550–0935 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–
95, FAR Case 2013–014.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
79 FR 45408 on August 5, 2014, to
establish uniform use of line items in
Federal procurement. The uniform line
item structure is designed to improve
the accuracy, traceability, and usability
of procurement data. The need for this
rule stems from the lack of access to
reliable and comprehensive data on
Federal procurement actions that is
essential to management and program
decisions that result in delivering
services to taxpayers in the most
efficient and effective manner. Lack of
standards for identifying and tracing tax
dollars across the acquisition
contributes to duplication in spending,
gaps in reporting, and inefficiencies in
management decisions. The
implementation of these standards will
facilitate the identification and
traceability of spending from
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4709
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comments in the
development of the final rule. A
discussion of the comments and the
changes made to the rule as a result of
those comments are provided as
follows:
A. Summary of Significant Changes
From the Proposed Rule
1. The rule provides agencies time to
transition their information systems and
appropriately train the workforce.
Accordingly, agencies have until
October 1, 2019, to apply the
requirements of FAR 4.1002 through
4.1008 of subpart 4.10.
2. The term ‘‘line item unique
identifier’’ was removed and replaced
with ‘‘line item number’’ for consistency
with the current version of the FAR text.
The term ‘‘unique’’ is no longer
necessary due to changes made by the
Uniform Procurement Identification rule
(FAR Case 2012–023) published in the
Federal Register at 79 FR 61739 on
October 14, 2014.
B. Analysis of Public Comments
1. Alternative Line Item Structure
Comment: One respondent suggested
removing text that would allow offerors
to propose their own alternative line
item structure, because this would be
counterproductive to the goal of
standardized reporting.
Response: The language on alternative
line items was intended to allow
flexibility, consistent with the
requirements at FAR subpart 4.10. To
clarify that the Government is not
requesting contractors to create line
items inconsistent with the rule, the
clause is renamed ‘‘Alternative Line
Item Proposal’’ and the explanatory text
will no longer use the term ‘‘structure,’’
as this seemed to be the cause of some
confusion.
2. Accounting Classification Citation
Comment: One respondent asked if
each subline item is expected to have its
own accounting classification citation.
Response: It is not a requirement for
each subline item to have its own
accounting classification citation.
However, each deliverable subline item
is expected to have its own accounting
classification citation. This should not
be construed to mean that the same
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]]>Agencies
[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Rules and Regulations]
[Pages 4708-4709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31494]
[[Page 4707]]
Vol. 82
Friday,
No. 9
January 13, 2017
Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulation; Federal Acquisition Circular 2005-95;
Introduction; Uniform Use of Line Items; Acquisition Threshold for
Special Emergency Procurement Authority; Contractor Employee Internal
Confidentiality Agreements or Statements; Contracts Under the Small
Business Administration 8(a) Program; Prohibition on Reimbursement for
Congressional Investigations and Inquiries; and Federal Acquisition
Circular 2005-95; Small Entity Compliance Guide; Final Rules
Federal Register / Vol. 82 , No. 9 / Friday, January 13, 2017 / Rules
and Regulations
[[Page 4708]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2016-0051, Sequence No. 9]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-95; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of 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) 2005-95. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the Internet at https://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 2005-95 and
the specific FAR case number. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755.
Rules Listed in FAC 2005-95
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
I....................................... Uniform Use of Line Items...... 2013-014 Francis.
II...................................... Acquisition Threshold for 2016-004 Francis.
Special Emergency Procurement
Authority.
III..................................... Contractor Employee Internal 2015-012 Davis.
Confidentiality Agreements or
Statements.
IV...................................... Contracts Under the Small 2012-022 Uddowla.
Business Administration 8(a)
Program.
V....................................... Prohibition on Reimbursement 2015-016 Delgado.
for Congressional
Investigations and Inquiries.
----------------------------------------------------------------------------------------------------------------
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 2005-95 amends the FAR as follows:
Item I--Uniform Use of Line Items (FAR Case 2013-014)
This final rule amends the FAR to establish standards for the
uniform use of line items in Federal procurement. These standards are
designed to improve the accuracy, traceability, and usability of
procurement data. The implementation of these standards will facilitate
the identification and traceability of spending from appropriation
through expenditure, supporting automated collection of information
using key identifiers. The implementation date for FAR 4.1002 through
4.1008 will be October 1, 2019.
The requirements in the rule have the potential to impact any
entity, small or large, that does business with the Federal Government
because the proposed rule would apply to purchases of items, including
commercial items and commercially available off-the-shelf items, and
purchases under the simplified acquisition threshold. Any small
business that contracts with a Federal agency could be impacted to at
least some extent.
Item II--Acquisition Threshold for Special Emergency Procurement
Authority (FAR Case 2016-004)
This final rule amends the FAR by increasing the simplified
acquisition threshold (SAT) for special emergency procurement authority
from $300,000 to $750,000 (within the United States) and from $1
million to $1.5 million (outside the United States) for acquisitions of
supplies or services that, as determined by the head of the agency, are
to be used to support a contingency operation or to facilitate defense
against or recovery from nuclear, biological, chemical, or radiological
attack. This change implements Section 816 of the National Defense
Authorization Act for Fiscal Year 2016 (Pub. L. 114-92). This rule
provides contracting officers with more flexibility when contracting in
support of contingency operations.
The rule is not anticipated to have a significant economic impact
on small business entities, because the rule raises the SAT for special
emergency procurements, an arena in which a smaller percentage of small
businesses participate, as compared to larger businesses. This final
rule does not place any new requirements on small entities.
Item III--Contractor Employee Internal Confidentiality Agreements or
Statements (FAR Case 2015-012)
This final rule revises the FAR to implement section 743 of
division E, title VII, of the Consolidated and Further Continuing
Appropriations Act, 2015 (Pub. L. 113-235) and successor provisions in
subsequent appropriations acts. Section 743 prohibits the use of funds
appropriated or otherwise made available by Division E or any other
act, for a contract with an entity that requires employees and
subcontractors of such entity to sign internal confidentiality
agreements or statements prohibiting or otherwise restricting such
employees or subcontractors from lawfully reporting waste, fraud, or
abuse, to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such
information (e.g., agency office of the Inspector General). This rule
is not expected to have a significant impact on small entities
contracting with the Government.
Item IV--Contracts Under the Small Business Administration 8(a) Program
(FAR Case 2012-022)
This final rule amends the Federal Acquisition Regulation (FAR) to
implement clarifications made by the Small Business Administration in
its final rule, which published in the Federal Register at 76 FR 8222
on February 11, 2011. This final rule clarifies in the FAR the
procedures and requirements used when contracting under the 8(a)
program. Clarifications include the evaluation, offering, and
acceptance process, procedures for acquiring SBA's consent to procure
an
[[Page 4709]]
8(a) requirement outside the 8(a) program, and the impact of exiting
the 8(a) program in terms of the firm's ability to receive future 8(a)
requirements and its current contractual commitments.
This final rule does not place any new requirements, financial or
otherwise, on small entities, and serves mainly to provide more
explicit guidance to Federal contracting officials.
Item V--Prohibition on Reimbursement for Congressional Investigations
and Inquiries (FAR Case 2015-016)
This rule amends the FAR to implement section 857 of the Carl Levin
and Howard P. `Buck' McKeon National Defense Authorization Act for
Fiscal Year 2015. Section 857 imposes additional requirements relative
to the allowability of costs incurred by a contractor in connection
with a congressional investigation or inquiry. Contracting officers
need to be aware of these new restrictions on certain costs, which
cannot be charged under contracts. Although small businesses subject to
FAR part 31 will need to maintain accounting records, this rule does
not place any new requirements on small entities.
Dated: December 21, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2005-95 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 2005-95 is
effective January 13, 2017 except for item III, which is effective
January 19, 2017.
Dated: December 21, 2016.
Claire M. Grady,
Director, Defense Procurement and Acquisition Policy.
Dated: December 21, 2016.
William F. Clark,
Acting, Senior Procurement Executive, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: December 19, 2016.
William P. McNally,
Assistant Administrator, Office of Procurement National Aeronautics
and Space Administration.
[FR Doc. 2016-31494 Filed 1-12-17; 8:45 am]
BILLING CODE 6820-EP-P
