Federal Acquisition Regulation; Federal Acquisition Circular 2021-02; Introduction, 67612-67613 [2020-21694]
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Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / 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–2020–0051, Sequence
No. 7]
Federal Acquisition Regulation;
Federal Acquisition Circular 2021–02;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
The FAC, including the
SECG, is available via the internet at
https://www.regulations.gov.
ADDRESSES:
The
analyst whose name appears in the table
below in relation to the FAR case. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755 or GSARegSec@gsa.gov.
FOR FURTHER INFORMATION CONTACT:
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) 2021–02. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC.
For effective date see the
separate documents, which follow.
DATES:
RULE LISTED IN FAC 2021–02
Item
Subject
I .........................
II ........................
III .......................
IV .......................
V ........................
VI .......................
VII ......................
VIII .....................
Removal of FAR Appendix ......................................................................................................
Removal of Obsolete Definitions .............................................................................................
Update to Excess Personal Property Procedures ...................................................................
Reserve Officer Training Corps and Military Recruiting on Campus ......................................
Documentation of Market Research ........................................................................................
Taxes—Foreign Contracts in Afghanistan ...............................................................................
Recreational Services on Federal Lands ................................................................................
Technical Amendments.
SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR rules,
refer to the specific item numbers and
subjects set forth in the documents
following these item summaries. FAC
2021–02 amends the FAR as follows:
khammond on DSKJM1Z7X2PROD with RULES2
Item I—Removal of FAR Appendix
(FAR Case 2020–003)
This final rule removes FAR
references to the FAR appendix and the
FAR looseleaf. The FAR appendix at an
earlier time contained a copy of the Cost
Accounting Standards Board
regulations. These remain available at
48 CFR chapter 99. There is no effect on
small entities. The FAR loose-leaf
version is now published online at
https://www.acquisition.gov. It is no
longer published as a paper loose-leaf
version.
Item II—Removal of Obsolete
Definitions (FAR Case 2020–002)
This final rule amends the FAR to
remove the definitions of the terms
‘‘annual receipts’’ and ‘‘number of
employees’’ in FAR 19.101. The Small
Business Administration (SBA)
published a final rule at 84 FR 66561 on
December 5, 2019, amending its
regulations to update these terms in 13
CFR part 121 as part of SBA’s
implementation of the Small Business
Runway Extension Act of 2018. The
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18:11 Oct 22, 2020
Jkt 253001
FAR case
definitions in FAR 19.101 conflict with
SBA’s revised regulation and are not
needed in the FAR as these terms relate
to determinations made by SBA, not
contracting officers. In addition, this
final rule moves the definition of
‘‘affiliates,’’ as used with regard to small
business size determination, to
appropriate locations in the FAR.
Item III—Update To Excess Personal
Property Procedures (FAR Case 2019–
019)
This final rule amends the FAR to
update internal Government procedures
on how agencies can locate excess
personal property and to remove
obsolete requirements. Specifically, this
rule removes references to catalogs and
bulletins issued by GSA, the use of a
discontinued GSA form, and the ability
to the examine reports and samples of
excess personal property in GSA
regional offices. Instead, the rule
identifies the website through which
agencies can find information on
available excess personal property.
Additionally, this rule updates the name
of the offices handling excess personal
property within GSA and provides a
website containing contact information
for those offices.
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2020–003
2020–002
2019–019
2018–021
2020–006
2018–023
2019–002
Analyst
Boyer.
Uddowla.
Uddowla.
Delgado.
Francis.
Funk.
Funk.
Item IV—Reserve Officer Training
Corps and Military Recruiting on
Campus (FAR Case 2018–021)
This final rule implements 10 U.S.C.
983, which prohibits the award of
certain Federal contracts to institutions
of higher education that prohibit
Reserve Officer Training Corps (ROTC)
units or military recruiting on campus.
This final rule will not have a
significant economic impact on a
substantial number of small entities.
Item V—Documentation of Market
Research (FAR Case 2020–006)
This final rule amends the FAR to
implement section 818 of the National
Defense Authorization Act for Fiscal
Year 2020, which requires the head of
the agency to document the results of
market research in a manner appropriate
for the size and complexity of the
acquisition.
Item VI—Taxes—Foreign Contracts in
Afghanistan (FAR Case 2018–023)
This final rule amends the FAR to add
two new clauses that notify contractors
of requirements relating to Afghanistan
taxes or similar charges when contracts
are being performed in Afghanistan.
Agreements established with the Islamic
Republic of Afghanistan exempt the
United States Forces and the North
Atlantic Treaty Organization (NATO)
Forces, and their contractors from
E:\FR\FM\23OCR2.SGM
23OCR2
Federal Register / Vol. 85, No. 206 / Friday, October 23, 2020 / Rules and Regulations
liability for Afghanistan taxes and
similar charges (e.g. customs, duties,
fees). These clauses were previously in
the Defense Federal Acquisition
Regulation Supplement and are now
elevated to the FAR to eliminate the
need for agency unique supplemental
regulations and ensure unified guidance
among the affected agencies consistent
with the purpose of the FAR.
Item VII—Recreational Services on
Federal Lands (FAR Case 2019–002)
Item VIII—Technical Amendments
Editorial changes are made at FAR
4.2102, 52.213–4, 52.252–5, 52.252–6,
and 53.228.
khammond on DSKJM1Z7X2PROD with RULES2
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2021–
02 is issued under the authority of the
Secretary of Defense, the Administrator of
General Services, and the Administrator of
National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal
Acquisition Regulation (FAR) and other
directive material contained in FAC 2021–02
is effective October 23, 2020 except for Items
I through VIII, which are effective November
23, 2020.
Kim Herrington,
Acting Principal Director, Defense Pricing
and Contracting, Department of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
William G. Roets, II,
Acting Assistant Administrator, Office of
Procurement, National Aeronautics and
Space Administration.
BILLING CODE 6820–EP–P
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GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 1, 15, 28, 30, 42, and 44
[FAC 2021–02; FAR Case 2020–003; Item
I; Docket No. FAR–2020–0003, Sequence 1]
RIN 9000–AO06
This final rule amends FAR
22.1903(b)(2) and FAR clause 52.222–
55(c)(2) to conform to a Department of
Labor rule by adding seasonal
recreational services or seasonal
recreational equipment rental for the
general public on Federal lands under
contracts or contract-like instruments
entered into with the Federal
Government, to the list of exemptions
from the requirements of Executive
Order 13658, Establishing a Minimum
Wage for Contractors. The current
minimum wage is $10.80 per hour.
Lodging and food services are not
exempted. Both rules implement
Executive Order 13838, Exemption from
Executive Order 13658 for Recreational
Services on Federal Lands.
[FR Doc. 2020–21694 Filed 10–22–20; 8:45 am]
DEPARTMENT OF DEFENSE
Federal Acquisition Regulation:
Removal of FAR Appendix
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
remove references to the FAR appendix.
The Cost Accounting Standards Board
regulations remain available in the Code
of Federal Regulations. This final rule
also deletes the few additional
references to the FAR ‘‘looseleaf’’.
DATES: Effective: November 23, 2020.
FOR FURTHER INFORMATION CONTACT: Mr.
Bryon Boyer, Procurement Analyst, at
817–850–5580 or by email at
bryon.boyer@gsa.gov for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite FAC 2021–
02, FAR Case 2020–003.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The FAR appendix was created in
1988 (July 20, 1988, FAC 84–38) as
‘‘appendix A to part 30.’’ It was
relabeled ‘‘appendix B’’ in 1992 (August
31, 1992, FAR Case 92–18), and
eventually as just ‘‘the appendix’’ (July
25, 1997 technical amendment). The
appendix does not appear in the Code
of Federal Regulations other than as
references to it. The appendix appears
in the version of the FAR currently
available online at https://
www.acquisition.gov/browse/index/far.
The original purpose of the appendix
was to provide an easy way for readers
to read the Cost Accounting Standards
(CAS) Board regulations at 48 CFR
chapter 99, that are heavily referenced
in FAR part 30. That is no longer
necessary. Users are able to access 48
CFR chapter 99 easily online at the
electronic Code of Federal Regulation
(eCFR) website (https://www.ecfr.gov).
The CAS Board regulations no longer
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67613
appear in the appendix in full text.
Therefore, references throughout the
FAR to the CAS Board regulations being
in the appendix are out of date. For all
the regulation locations where ‘‘FAR
appendix’’ is deleted, the citation to 48
CFR chapter 99 will be maintained to
direct the workforce to the supporting
regulation. To further help the
workforce, Acquisition.gov is being
updated to include hyperlinks for all
‘‘48 CFR chapter 99’’ citations.
This final rule also deletes the few
additional references to the FAR
‘‘looseleaf’’, because the FAR loose-leaf
version is now published online at
https://www.acquisition.gov. It is no
longer published as a paper loose-leaf
version.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statutory provision in title 41 that
applies to the publication of the Federal
Acquisition Regulation. Subsection
1707(a)(1) requires that a procurement
policy, regulation, procedure or form
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because the deletions of
references to ‘‘the appendix’’ in the FAR
‘‘loose-leaf’’ are administrative and do
not have a significant effect on the
public or Government. As explained in
the background section, users are
directed to the eCFR to access the
information that is at 48 CFR chapter 99,
as it is no longer in ‘‘the appendix.’’
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-The-Shelf (COTS) Items
This rule amends the FAR to delete
references to ‘‘the appendix’’ in the FAR
‘‘loose-leaf.’’ The amendments are
administrative in nature and do not
change the applicability or the text of
any FAR solicitation provisions or
contract clauses.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
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]]>Agencies
[Federal Register Volume 85, Number 206 (Friday, October 23, 2020)]
[Rules and Regulations]
[Pages 67612-67613]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-21694]
[[Page 67611]]
Vol. 85
Friday,
No. 206
October 23, 2020
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 85 , No. 206 / Friday, October 23, 2020 /
Rules and Regulations
[[Page 67612]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2020-0051, Sequence No. 7]
Federal Acquisition Regulation; Federal Acquisition Circular
2021-02; 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) 2021-02. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC.
DATES: For effective date see the separate documents, which follow.
ADDRESSES: The FAC, including the SECG, is available via the internet
at https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to the FAR case. For information pertaining to
status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755 or [email protected].
Rule Listed in FAC 2021-02
----------------------------------------------------------------------------------------------------------------
Item Subject FAR case Analyst
----------------------------------------------------------------------------------------------------------------
I............................... Removal of FAR Appendix........ 2020-003 Boyer.
II.............................. Removal of Obsolete Definitions 2020-002 Uddowla.
III............................. Update to Excess Personal 2019-019 Uddowla.
Property Procedures.
IV.............................. Reserve Officer Training Corps 2018-021 Delgado.
and Military Recruiting on
Campus.
V............................... Documentation of Market 2020-006 Francis.
Research.
VI.............................. Taxes--Foreign Contracts in 2018-023 Funk.
Afghanistan.
VII............................. Recreational Services on 2019-002 Funk.
Federal Lands.
VIII............................ Technical Amendments...........
----------------------------------------------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR rules, refer to
the specific item numbers and subjects set forth in the documents
following these item summaries. FAC 2021-02 amends the FAR as follows:
Item I--Removal of FAR Appendix (FAR Case 2020-003)
This final rule removes FAR references to the FAR appendix and the
FAR looseleaf. The FAR appendix at an earlier time contained a copy of
the Cost Accounting Standards Board regulations. These remain available
at 48 CFR chapter 99. There is no effect on small entities. The FAR
loose-leaf version is now published online at https://www.acquisition.gov. It is no longer published as a paper loose-leaf
version.
Item II--Removal of Obsolete Definitions (FAR Case 2020-002)
This final rule amends the FAR to remove the definitions of the
terms ``annual receipts'' and ``number of employees'' in FAR 19.101.
The Small Business Administration (SBA) published a final rule at 84 FR
66561 on December 5, 2019, amending its regulations to update these
terms in 13 CFR part 121 as part of SBA's implementation of the Small
Business Runway Extension Act of 2018. The definitions in FAR 19.101
conflict with SBA's revised regulation and are not needed in the FAR as
these terms relate to determinations made by SBA, not contracting
officers. In addition, this final rule moves the definition of
``affiliates,'' as used with regard to small business size
determination, to appropriate locations in the FAR.
Item III--Update To Excess Personal Property Procedures (FAR Case 2019-
019)
This final rule amends the FAR to update internal Government
procedures on how agencies can locate excess personal property and to
remove obsolete requirements. Specifically, this rule removes
references to catalogs and bulletins issued by GSA, the use of a
discontinued GSA form, and the ability to the examine reports and
samples of excess personal property in GSA regional offices. Instead,
the rule identifies the website through which agencies can find
information on available excess personal property. Additionally, this
rule updates the name of the offices handling excess personal property
within GSA and provides a website containing contact information for
those offices.
Item IV--Reserve Officer Training Corps and Military Recruiting on
Campus (FAR Case 2018-021)
This final rule implements 10 U.S.C. 983, which prohibits the award
of certain Federal contracts to institutions of higher education that
prohibit Reserve Officer Training Corps (ROTC) units or military
recruiting on campus.
This final rule will not have a significant economic impact on a
substantial number of small entities.
Item V--Documentation of Market Research (FAR Case 2020-006)
This final rule amends the FAR to implement section 818 of the
National Defense Authorization Act for Fiscal Year 2020, which requires
the head of the agency to document the results of market research in a
manner appropriate for the size and complexity of the acquisition.
Item VI--Taxes--Foreign Contracts in Afghanistan (FAR Case 2018-023)
This final rule amends the FAR to add two new clauses that notify
contractors of requirements relating to Afghanistan taxes or similar
charges when contracts are being performed in Afghanistan. Agreements
established with the Islamic Republic of Afghanistan exempt the United
States Forces and the North Atlantic Treaty Organization (NATO) Forces,
and their contractors from
[[Page 67613]]
liability for Afghanistan taxes and similar charges (e.g. customs,
duties, fees). These clauses were previously in the Defense Federal
Acquisition Regulation Supplement and are now elevated to the FAR to
eliminate the need for agency unique supplemental regulations and
ensure unified guidance among the affected agencies consistent with the
purpose of the FAR.
Item VII--Recreational Services on Federal Lands (FAR Case 2019-002)
This final rule amends FAR 22.1903(b)(2) and FAR clause 52.222-
55(c)(2) to conform to a Department of Labor rule by adding seasonal
recreational services or seasonal recreational equipment rental for the
general public on Federal lands under contracts or contract-like
instruments entered into with the Federal Government, to the list of
exemptions from the requirements of Executive Order 13658, Establishing
a Minimum Wage for Contractors. The current minimum wage is $10.80 per
hour. Lodging and food services are not exempted. Both rules implement
Executive Order 13838, Exemption from Executive Order 13658 for
Recreational Services on Federal Lands.
Item VIII--Technical Amendments
Editorial changes are made at FAR 4.2102, 52.213-4, 52.252-5,
52.252-6, and 53.228.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2021-02 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator of National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2021-02 is
effective October 23, 2020 except for Items I through VIII, which
are effective November 23, 2020.
Kim Herrington,
Acting Principal Director, Defense Pricing and Contracting,
Department of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition
Policy, U.S. General Services Administration.
William G. Roets, II,
Acting Assistant Administrator, Office of Procurement, National
Aeronautics and Space Administration.
[FR Doc. 2020-21694 Filed 10-22-20; 8:45 am]
BILLING CODE 6820-EP-P
