Federal Acquisition Regulation; Technical Amendments, 70297-70298 [2024-19174]
Download as PDF
<![CDATA[
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
70298
Federal Register / Vol. 89, No. 168 / Thursday, August 29, 2024 / Rules and Regulations
date ‘‘October 1, 2028’’ in their places,
respectively.
1. The authority citation for 48 CFR
parts 4 and 19 continues to read as
follows:
■
[FR Doc. 2024–19174 Filed 8–28–24; 8:45 am]
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.
BILLING CODE 6820–6EP–P
PART 4—ADMINISTRATIVE AND
INFORMATION MATTERS
GENERAL SERVICES
ADMINISTRATION
4.1202[Amended]
2. Amend section 4.1202 by removing
from paragraph (a) introductory text the
date ‘‘October 1, 2025’’ and adding the
date ‘‘October 1, 2028’’ in its place.
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
DEPARTMENT OF DEFENSE
■
■
PART 19—SMALL BUSINESS
PROGRAMS
19.102
[Amended]
3. Amend section 19.102 by removing
from paragraphs (b)(2)(i) and (b)(2)(ii)
introductory text the date ‘‘October 1,
2025’’ and adding the date ‘‘October 1,
2028’’ in their places, respectively.
■
19.309
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)
2024–07, which amends the Federal
Acquisition Regulation (FAR).
Interested parties may obtain further
information regarding these rules by
referring to FAC 2024–07, which
precedes this document.
[Amended]
4. Amend section 19.309 by removing
from paragraphs (a)(3) and (c)(2) the
date ‘‘October 1, 2025’’ and adding the
■
August 29, 2024.
48 CFR Chapter 1
DATES:
[Docket No. FAR–2024–0051, Sequence No.
5]
ADDRESSES:
Federal Acquisition Regulation;
Federal Acquisition Circular 2024–07;
Small Entity Compliance Guide
The FAC, including the
SECG, is available at https://
www.regulations.gov.
For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2024–07 and the
FAR Case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. An asterisk (*)
next to a rule indicates that a regulatory
flexibility analysis has been prepared.
FOR FURTHER INFORMATION CONTACT:
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Small Entity Compliance Guide
(SECG).
AGENCY:
This document is issued
under the joint authority of DoD, GSA,
SUMMARY:
RULES LISTED IN FAC 2024–07
Item
Subject
I ...................
II ..................
Reference to Penalty Threshold .................................................................
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
2024–07 amends the FAR as follows:
Item I—Reference to Penalty Threshold
(FAR Case 2023–005)
FAR case
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.
Analyst
2023–005
Jones.
Item II—Technical Amendments
Administrative changes are made at
FAR 4.1202, 19.102, and 19.309.
William F. Clark,
Director, Office of Government-Wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-Wide Policy.
[FR Doc. 2024–19175 Filed 8–28–24; 8:45 am]
BILLING CODE 6820–EP–P
lotter on DSK11XQN23PROD with RULES3
This final rule amends the FAR to
align the penalties language in the FAR
VerDate Sep<11>2014
20:07 Aug 28, 2024
Jkt 262001
PO 00000
Frm 00004
Fmt 4701
Sfmt 9990
E:\FR\FM\29AUR3.SGM
29AUR3
]]>Agencies
[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Rules and Regulations]
[Pages 70297-70298]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-19174]
-----------------------------------------------------------------------
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
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: 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 [email protected].
Please cite FAC 2024-07, Technical Amendments.
SUPPLEMENTARY INFORMATION:
This document makes editorial changes to 48 CFR parts 4 and 19.
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:
[[Page 70298]]
0
1. The authority citation for 48 CFR parts 4 and 19 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.
PART 4--ADMINISTRATIVE AND INFORMATION MATTERS
0
4.1202[Amended]
0
2. Amend section 4.1202 by removing from paragraph (a) introductory
text the date ``October 1, 2025'' and adding the date ``October 1,
2028'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
19.102 [Amended]
0
3. Amend section 19.102 by removing from paragraphs (b)(2)(i) and
(b)(2)(ii) introductory text the date ``October 1, 2025'' and adding
the date ``October 1, 2028'' in their places, respectively.
19.309 [Amended]
0
4. Amend section 19.309 by removing from paragraphs (a)(3) and (c)(2)
the date ``October 1, 2025'' and adding the date ``October 1, 2028'' in
their places, respectively.
[FR Doc. 2024-19174 Filed 8-28-24; 8:45 am]
BILLING CODE 6820-6EP-P
