[Federal Register: December 30, 2010 (Volume 75, Number 250)]
[Proposed Rules]
[Page 82565-82567]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30de10-22]
[[Page 82565]]
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Part VI
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 Chapter 1; Parts 1, 4, 12, et al.
Federal Acquisition Regulations; Summary Presentation of Rules and
Final 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 10]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-48; 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 DOD, GSA, and NASA in this Federal Acquisition
Circular (FAC) 2005-48. 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 2005-48 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 2005-48
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Item Subject FAR Case Analyst
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I........... Repeal of the Small 2011-005 Morgan.
Business Competitiveness
Demonstration Program.
II.......... Personal Identity 2009-027 Jackson.
Verification of
Contractor Personnel.
III......... Terminating Contracts.... 2009-031 Parnell.
IV.......... Payrolls and Basic 2009-018 McFadden.
Records.
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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 2005-48 amends the FAR as specified
below:
Item I--Repeal of the Small Business Competitiveness Demonstration
Program (FAR Case 2011-005)
This final rule amends the FAR to remove FAR subpart 19.10, Small
Business Competitiveness Demonstration Program. This change is
necessary to address the requirements of section 1335 of the Small
Business Jobs Act of 2010 (Pub. L. 111-240) which repealed the Small
Business Competitiveness Demonstration Program.
This final rule also removes the following clauses: FAR 52.219-19,
Small Business Concern Representation for the Small Business
Competitiveness Demonstration Program; FAR 52.219-20, Notice of
Emerging Small Business Set-Aside; and FAR 52.219-21, Small Business
Size Representation for Targeted Industry Categories under the Small
Business Competitiveness Demonstration Program.
Item II--Personal Identity Verification of Contractor Personnel (FAR
Case 2009-027)
This final rule amends the FAR to provide additional regulatory
coverage in subpart 4.13 and in FAR clause 52.204-9 to reinforce the
requirement of collecting from contractors all forms of Government-
provided identification once they are no longer needed to support a
contract. The contracting officer may delay final payment under a
contract if the contractor fails to comply with these requirements.
Item III-- Terminating Contracts (FAR Case 2009-031)
This final rule amends the FAR to clarify procedures regarding the
applicability of FAR part 49, Termination of Contracts, to commercial
item contracts. Minor changes are made to the proposed rule published
in the Federal Register at 75 FR 28228 on May 20, 2010.
The rule specifically impacts contracting officers and contractors
by clarifying that FAR part 49 does not apply to the acquisition of
commercial items when using procedures at FAR part 12. The rule does
not have a significant economic impact on small entities because the
rule does not impose any additional requirements on small businesses.
Item IV-- Payrolls and Basic Records (FAR Case 2009-018)
This rule adopts as final, with a minor change, the interim rule
published in the Federal Register at 75 FR 34286 on June 16, 2010. The
interim rule amended the FAR at 52.222-8, Payrolls and Basic Records to
delete the requirement for submission of full social security numbers
and home addresses of individual workers on weekly payroll transmittals
by prime contractors. The rule requires contractors and subcontractors
to maintain the full social security number and current address of each
covered worker, and provide them upon request to the contracting
officer, the contractor, or the Wage and Hour Division of the
Department of Labor for purposes of an investigation or audit of
compliance with prevailing wage requirements. The rule recognizes the
Department of Labor's finding that complete social security numbers and
home addresses for individual workers are personal information to the
worker and that any unnecessary disclosure and submittal of such
information creates an exposure to identity theft and the invasion of
privacy for workers.
Dated: December 22, 2010.
Millisa Gary,
Acting Director, Federal Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2005-48 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 2005-48 is
effective December 30, 2010, except for Items I, II, and III which are
effective January 31, 2011.
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Dated: December 22, 2010.
Shay D. Assad,
Director, Defense Procurement and Acquisition Policy.
Dated: December 22, 2010.
Joseph A. Neurauter,
Deputy Associate Administrator and Senior Procurement Executive, Office
of General Services Acquisition Policy, Integrity, and Workforce, U.S.
General Services Administration.
Dated: December 21, 2010.
Sheryl J. Goddard,
Acting Assistant Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 2010-32901 Filed 12-29-10; 8:45 am]
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