[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Rules and Regulations]
[Page 60247-60249]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29se10-16]
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Part V
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Parts 1, 4, 8, et al.
Federal Acquisition Regulations; Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2010-0076, Sequence 8]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-46; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of rules.
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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) 2005-46. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the Internet at http://www.regulations.gov.
DATES: For effective dates see separate documents, which follow.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
table below in relation to each FAR case. Please cite FAC 2005-46 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.
List of Rules in FAC 2005-46
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Item Subject FAR Case Analyst
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I.................................. Equal Opportunity for Veterans 2009-007 Woodson
(Interim).
II................................. Certification Requirement and 2010-012 Davis
Procurement Prohibition
Relating to Iran Sanctions
(Interim).
III................................ Termination for Default 2008-016 Parnell
Reporting.
IV................................. Award-Fee Language Revision.... 2008-008 Chambers
V.................................. Offering a Construction 2009-020 Morgan
Requirement-8(a) Program.
VI................................. Encouraging Contractor Policies 2009-028 Clark
to Ban Text Messaging While
Driving (Interim).
VII................................ Buy American Exemption for 2009-039 Davis
Commercial Information
Technology--Construction
Material (Interim).
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these FAR cases, refer to
the specific item number and subject set forth in the documents
following these item summaries.
FAC 2005-46 amends the FAR as specified below:
Item I--Equal Opportunity for Veterans (FAR Case 2009-007) (Interim)
This interim rule with request for comments implements the
Department of Labor's (DoL) Office of Federal Contract Compliance
Programs (OFCCP) final rule published in the Federal Register at 72 FR
44393 on August 8, 2007, that implements amendments to the affirmative
action provisions of the Vietnam Era Veterans' Readjustment Assistance
Act of 1972 (VEVRAA), as amended by the Jobs for Veterans Act (JVA).
The rule re-titles FAR subpart 22.13 from ``Special Disabled Veterans,
Veterans of the Vietnam Era, and Other Eligible Veterans'' to ``Equal
Opportunity for Veterans.'' Accordingly, FAR clause 52.222-35 is also
renamed ``Equal Opportunity for Veterans'' and incorporates the new
categories and definitions of protected veterans as established by DoL.
In addition, the FAR clause at 52.222-37, ``Employment Reports on
Special Disabled Veterans, Veterans of the Vietnam Era, and Other
Eligible Veterans'' is renamed ``Employment Reports on Veterans'' and
the new DoL requirements for using the VETS-100A report are
incorporated. Lastly, the FAR provision at 52.222-38, ``Compliance with
Veterans' Employment Reporting Requirements,'' is revised to
incorporate new title references for FAR 52.222-37 and the new report
form VETS-100A.
Item II--Certification Requirement and Procurement Prohibition Relating
to Iran Sanctions (FAR Case 2010-012) (Interim)
This interim rule amends the FAR by enhancing efforts to enforce
sanctions with Iran. The rule implements requirements imposed by the
Comprehensive Iran Sanctions, Accountability, and Divestment Act of
2010 (Pub. L. 111-195), specifically sections 102 and 106. To implement
section 102, the FAR will require certification that each offeror, and
any person owned or controlled by the offeror, does not engage in any
activity for which sanctions may be imposed under section 5 of the Iran
Sanctions Act. This rule also partially implements section 106 of
Public Law 111-195, which imposes a procurement prohibition relating to
contracts with persons that export certain sensitive technology to
Iran. There will be further implementation of Section 106 in FAR Case
2010-018. This rule will have little effect on United States small
business concerns, because such dealings with Iran are already
prohibited in the United States.
Item III--Termination for Default Reporting (FAR Case 2008-016)
This final rule amends the FAR to revise the contractor performance
information process. The FAR revisions include changes to FAR parts 8,
12, 15, 42, and 49. The purpose of the rule is to establish procedures
for contracting officers to provide contractor information into the
Federal Awardee Performance & Integrity Information System (FAPIIS)
module of Past Performance Information System (PPIRS). This case sets
forth requirements for reporting defective cost or pricing data and
terminations for cause or default and any amendments. Evaluation of
past performance information, especially terminations, manages risks
associated with timely, effective and cost efficient completion of
contracts, a key objective of the President's March 4, 2009, Memorandum
on Government Contracting.
Item IV--Award-Fee Language Revision (FAR Case 2008-008)
This final rule converts the interim rule published in the Federal
Register at
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74 FR 52856 on October 14, 2009, to a final rule with minor changes.
This final rule amends the FAR to implement section 814 of the John
Warner National Defense Authorization Act for Fiscal Year 2007 and
section 867 of the Duncan Hunter 2009 National Defense Authorization
Act for Fiscal Year 2009. This rule requires agencies to--
(1) Link award fees to acquisition objectives in the areas of cost,
schedule, and technical performance;
(2) Clarify that a base fee amount greater than zero may be
included in a cost-plus-award-fee type contract at the discretion of
the contracting officer;
(3) Prescribe narrative ratings that will be utilized in award-fee
evaluations;
(4) Prohibit the issuance of award fees for a rating period if the
contractor's performance is judged to be below satisfactory;
(5) Conduct a risk and cost-benefit analysis and consider the
results of the analysis when determining whether to use an incentive-
fee type contract or not;
(6) Include specific content in the award-fee plans; and
(7) Prohibit the rolling over of unearned award fees to subsequent
rating periods.
This FAR change will integrate where appropriate, FAR part 7,
Acquisition Planning, and FAR part 16, Contract Types, to improve
agency use and decision making when using incentive contracts.
Item V--Offering a Construction Requirement--8(a) Program (FAR Case
2009-020)
This final rule amends the FAR to revise FAR subpart 19.8,
Contracting with the Small Business Administration (The 8(a) Program),
specifically FAR 19.804-2(b) to conform to the Small Business
Administration (SBA) regulations. The SBA regulation 13 CFR
124.502(b)(2) requires that the offering letter for an open
construction requirement be submitted to the SBA District Office for
the geographical area where the work is to be performed. The SBA
regulation 13 CFR 124.502(b)(3) requires that the offering letter for a
construction requirement offered on behalf of a specific participant be
submitted to the SBA District Office servicing that concern. This rule
revises FAR 19.804-2 accordingly.
Item VI--Encouraging Contractor Policies To Ban Text Messaging While
Driving (FAR Case 2009-028) (Interim)
This interim rule amends the FAR to implement Executive Order
13513, entitled ``Federal Leadership on Reducing Text Messaging while
Driving,'' which was issued on October 1, 2009 (74 FR 51225, October 6,
2009). Section 4 of the Executive order requires each Federal agency,
in procurement contracts, entered into after the date of the order, to
encourage contractors and subcontractors to adopt and enforce policies
that ban text messaging while driving company-owned or -rented vehicles
or Government-owned vehicles; or privately-owned vehicles when on
official Government business or when performing any work for or on
behalf of the Government. Section 4 also requires Federal agencies to
encourage contractors to conduct initiatives such as establishment of
new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving, and education, awareness, and
other outreach programs to inform employees about the safety risks
associated with texting while driving. This requirement applies to all
solicitations and contracts. Contracting officers are encouraged to
modify existing contracts to include the FAR clause.
Item VII--Buy American Exemption for Commercial Information
Technology--Construction Material (FAR Case 2009-039) (Interim)
This interim rule implements section 615 of Division C, Title VI,
of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117). Section
615 authorizes exemption from the Buy American Act for acquisition of
information technology that is a commercial item.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-24217 Filed 9-28-10; 8:45 am]
BILLING CODE 6820-EP-P