Federal Acquisition Regulation: Reference to Penalty Threshold, 70296-70297 [2024-19173]
Download as PDF
<![CDATA[
70296
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / 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–2024–0051, Sequence No.
5]
Federal Acquisition Regulation;
Federal Acquisition Circular 2024–07;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
AGENCY:
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) 2024–07. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC.
For effective dates see the
separate documents, which follow.
DATES:
RULES LISTED IN FAC 2024–07
Item
Subject
I ...................
II ..................
Reference to Penalty Threshold .................................................................
Technical Amendments.
The FAC, including the
SECG, is available at https://
www.regulations.gov.
ADDRESSES:
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
2024–07 amends the FAR as follows:
Item I—Reference to Penalty Threshold
(FAR Case 2023–005)
This final rule amends the FAR to
align the penalties language in the FAR
lobbying provision at FAR 52.203–11
with the equivalent penalties language
in the FAR lobbying clause at FAR
52.203–12. FAR 52.203–11(e) cites to
the underlying authority at 31 U.S.C.
1352 and specifies that an imposition of
a civil penalty does not prevent the
Government from seeking any other
remedy that may be applicable.
Administrative changes are made at
FAR 4.1202, 19.102, and 19.309.
lotter on DSK11XQN23PROD with RULES3
[FR Doc. 2024–19254 Filed 8–28–24; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
[FAC 2024–07; FAR Case 2023–005, Item
I; Docket No. FAR–2023–0005; Sequence
No. 1]
Federal Acquisition Circular (FAC)
2024–07 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)
Jkt 262001
John M. Tenaglia,
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.
Karla Smith Jackson,
Assistant Administrator for Procurement,
Senior Procurement Executive/Deputy CAO,
National Aeronautics and Space
Administration.
48 CFR Part 52
William F. Clark,
Director, Office of Government-Wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-Wide Policy.
20:07 Aug 28, 2024
and other directive material contained
in FAC 2024–07 is effective August 29,
2024 except for Items I and II, which are
effective September 30, 2024.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Item II—Technical Amendments
VerDate Sep<11>2014
FAR case
RIN 9000–AO53
Federal Acquisition Regulation:
Reference to Penalty Threshold
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
Analyst
2023–005
ACTION:
Jones.
Final rule.
DoD, GSA, and NASA are
issuing a final rule amending a Federal
Acquisition Regulation (FAR) provision
to align the penalties language with the
equivalent penalties language at an
associated FAR clause.
DATES: Effective September 30, 2024.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Malissa
Jones, Procurement Analyst, at 571–
882–4687 or by email at malissa.jones@
gsa.gov. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755 or GSARegSec@gsa.gov.
Please cite FAC 2024–07, FAR Case
2023–005.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Lobbying coverage in the FAR is
based on section 319 of Public Law 101–
121, which added 31 U.S.C. 1352.
Section 1352 prohibits the use of
appropriated funds to influence certain
persons in connection with awarding or
modifying a contract and includes civil
penalties. Office of Management and
Budget (OMB) guidance was published
December 20, 1989 (54 FR 52306),
which directed a FAR rule and an OMB
nonprocurement common rule be
published with the same substance. A
FAR rule was published on January 20,
1990 (55 FR 3190), which has been
occasionally revised since then. The
penalties section of the FAR provision
at 52.203–11, Certification and
Disclosure Regarding Payments to
Influence Certain Federal Transactions,
E:\FR\FM\29AUR3.SGM
29AUR3
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Rules and Regulations
contains language citing the dollar
figures at 31 U.S.C. 1352. The penalties
section of the FAR clause at 52.203–12,
Limitation on Payments to Influence
Certain Federal Transactions, refers to
31 U.S.C. 1352 itself. These should be
written the same way.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C.
1707 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 it does not have a
significant effect or impose any new
requirements on contractors or offerors.
The rule simply amends FAR provision
52.203–11(e) to match the language at
FAR clause 52.203–12(e) which points
back to the civil penalties provided in
31 U.S.C. 1352.
lotter on DSK11XQN23PROD with RULES3
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Products (Including Commercially
Available Off-the-Shelf (COTS) Items),
or for Commercial Services
This rule amends FAR provision
52.203–11(e) to match the language at
FAR clause 52.203–12(e), which points
back to the civil penalties provided in
31 U.S.C. 1352. This rule does not
impose any new requirements on
contracts at or below the SAT, or to
acquisitions for commercial products
and commercial services, including
COTS items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 (as
amended by E.O. 14094) and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is not a significant
VerDate Sep<11>2014
20:07 Aug 28, 2024
Jkt 262001
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
V. Congressional Review Act
Pursuant to the Congressional Review
Act DoD, GSA, and NASA will send this
rule to each House of the Congress and
to the Comptroller General of the United
States. The Office of Information and
Regulatory Affairs (OIRA) in the Office
of Management and Budget has
determined that this rule does not meet
the definition in 5 U.S.C. 804(2).
VI. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section II. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601–612) are not applicable.
Accordingly, no regulatory flexibility
analysis is required, and none has been
prepared.
VII. Paperwork Reduction Act
The rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
3501–3521).
List of Subjects in 48 CFR Part 52
Government procurement.
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 part 52 as set forth
below:
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
1. 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 4 and 10 U.S.C. chapter 137 legacy
provisions (see 10 U.S.C. 3016); and 51
U.S.C. 20113.
2. Amend section 52.203–11 by
revising the date of the provision and
paragraph (e) to read as follows:
■
52.203–11 Certification and Disclosure
Regarding Payments to Influence Certain
Federal Transactions.
*
*
*
*
*
Certification and Disclosure Regarding
Payments To Influence Certain Federal
Transactions (SEP 2024)
*
PO 00000
*
*
Frm 00003
*
Fmt 4701
*
Sfmt 4700
70297
(e) Penalties. Submission of this
certification and disclosure is a prerequisite
for making or entering into this contract
imposed by 31 U.S.C. 1352. Any person who
makes an expenditure prohibited under this
provision or who fails to file or amend the
disclosure required to be filed or amended by
this provision, shall be subject to civil
penalties as provided in 31 U.S.C. 1352. An
imposition of a civil penalty does not prevent
the Government from seeking any other
remedy that may be applicable.
(End of provision)
[FR Doc. 2024–19173 Filed 8–28–24; 8:45 am]
BILLING CODE 6820–61–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 4 and 19
[FAC 2024–07; Item II; Docket No. FAR–
2024–0052; Sequence No. 3]
Federal Acquisition Regulation;
Technical Amendments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
This document makes
administrative changes to 48 CFR parts
4 and 19. The date change is to provide
additional time to implement the policy
addressing the assignment of North
American Industry Classification
System codes to orders placed under
multiple-award contracts, as covered by
changes made by FAR Case 2014–002,
Set-Asides Under Multiple-Award
Contracts, 85 FR 11746.
DATES: Effective: September 30, 2024.
FOR FURTHER INFORMATION CONTACT: Ms.
Lois Mandell, Regulatory Secretariat
Division (MVCB), at 202–501–4755 or
GSARegSec@gsa.gov. Please cite FAC
2024–07, Technical Amendments.
SUPPLEMENTARY INFORMATION:
This document makes editorial
changes to 48 CFR parts 4 and 19.
SUMMARY:
List of Subjects in 48 CFR Parts 4 and
19
Government procurement.
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 4 and 19 as set
forth below:
E:\FR\FM\29AUR3.SGM
29AUR3
]]>Agencies
[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Rules and Regulations]
[Pages 70296-70297]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19173]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAC 2024-07; FAR Case 2023-005, Item I; Docket No. FAR-2023-0005;
Sequence No. 1]
RIN 9000-AO53
Federal Acquisition Regulation: Reference to Penalty Threshold
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA are issuing a final rule amending a Federal
Acquisition Regulation (FAR) provision to align the penalties language
with the equivalent penalties language at an associated FAR clause.
DATES: Effective September 30, 2024.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Malissa Jones, Procurement Analyst, at 571-882-4687 or by email at
[email protected]. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or [email protected]. Please cite FAC 2024-07, FAR Case
2023-005.
SUPPLEMENTARY INFORMATION:
I. Background
Lobbying coverage in the FAR is based on section 319 of Public Law
101-121, which added 31 U.S.C. 1352. Section 1352 prohibits the use of
appropriated funds to influence certain persons in connection with
awarding or modifying a contract and includes civil penalties. Office
of Management and Budget (OMB) guidance was published December 20, 1989
(54 FR 52306), which directed a FAR rule and an OMB nonprocurement
common rule be published with the same substance. A FAR rule was
published on January 20, 1990 (55 FR 3190), which has been occasionally
revised since then. The penalties section of the FAR provision at
52.203-11, Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions,
[[Page 70297]]
contains language citing the dollar figures at 31 U.S.C. 1352. The
penalties section of the FAR clause at 52.203-12, Limitation on
Payments to Influence Certain Federal Transactions, refers to 31 U.S.C.
1352 itself. These should be written the same way.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C. 1707 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 it does not have a significant effect or impose any new
requirements on contractors or offerors. The rule simply amends FAR
provision 52.203-11(e) to match the language at FAR clause 52.203-12(e)
which points back to the civil penalties provided in 31 U.S.C. 1352.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), or for Commercial Services
This rule amends FAR provision 52.203-11(e) to match the language
at FAR clause 52.203-12(e), which points back to the civil penalties
provided in 31 U.S.C. 1352. This rule does not impose any new
requirements on contracts at or below the SAT, or to acquisitions for
commercial products and commercial services, including COTS items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563
direct agencies to assess the costs and benefits of available
regulatory alternatives and, if regulation is necessary, to select
regulatory approaches that maximize net benefits (including potential
economic, environmental, public health and safety effects, distributive
impacts, and equity). E.O. 13563 emphasizes the importance of
quantifying both costs and benefits, of reducing costs, of harmonizing
rules, and of promoting flexibility. This is not a significant
regulatory action and, therefore, was not subject to review under
Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993.
V. Congressional Review Act
Pursuant to the Congressional Review Act DoD, GSA, and NASA will
send this rule to each House of the Congress and to the Comptroller
General of the United States. The Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget has determined
that this rule does not meet the definition in 5 U.S.C. 804(2).
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are
not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. 3501-3521).
List of Subjects in 48 CFR Part 52
Government procurement.
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 part 52 as set forth
below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. 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 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
0
2. Amend section 52.203-11 by revising the date of the provision and
paragraph (e) to read as follows:
52.203-11 Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions.
* * * * *
Certification and Disclosure Regarding Payments To Influence Certain
Federal Transactions (SEP 2024)
* * * * *
(e) Penalties. Submission of this certification and disclosure
is a prerequisite for making or entering into this contract imposed
by 31 U.S.C. 1352. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure
required to be filed or amended by this provision, shall be subject
to civil penalties as provided in 31 U.S.C. 1352. An imposition of a
civil penalty does not prevent the Government from seeking any other
remedy that may be applicable.
(End of provision)
[FR Doc. 2024-19173 Filed 8-28-24; 8:45 am]
BILLING CODE 6820-61-P
