[Federal Register: July 5, 2011 (Volume 76, Number 128)]
[Rules and Regulations]
[Page 39231-39233]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05jy11-14]
[[Page 39231]]
Vol. 76
Tuesday,
No. 128
July 5, 2011
Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
-----------------------------------------------------------------------
48 CFR Chapter 1
Federal Acquisition Regulation; Final Rules
[[Page 39232]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0076, Sequence 5]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-53; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim rules.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by DoD, GSA, and NASA in this Federal Acquisition
Circular (FAC) 2005-53. 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 and comment 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 2005-53 and
the specific FAR case numbers. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.
SUPPLEMENTARY INFORMATION:
List of Rules in FAC 2005-53
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I........... Equal Opportunity for 2009-007 McFadden.
Veterans.
II.......... Unique Procurement 2009-023 Morgan.
Instrument Identifier.
III......... Uniform Suspension and 2009-036 Jackson.
Debarment Requirement.
IV.......... Extension of Sunset Date 2011-015 Lague.
for Protests of Task
and Delivery Orders
(Interim).
V........... Encouraging Contractor 2009-028 Clark.
Policies to Ban Text
Messaging While Driving.
VI.......... TINA Interest 2009-034 Chambers.
Calculations.
------------------------------------------------------------------------
Summaries for each FAR rule follow. For the actual revisions and/or
amendments made by these FAR cases, refer to the specific item numbers
and subject set forth in the documents following these item summaries.
FAC 2005-53 amends the FAR as specified below:
Item I--Equal Opportunity for Veterans (FAR Case 2009-007)
The interim rule, published September 29, 2010, is adopted as final
with minor changes. A definition from the clause at FAR 52.222-35 for
``executive and senior management'' is added to FAR subpart 22.13. The
interim rule implemented Department of Labor regulations on equal
opportunity provisions for various categories of military veterans.
Item II--Unique Procurement Instrument Identifier (FAR Case 2009-023)
This final rule amends the FAR to define the requirement for an
agency unique procurement instrument identifier (PIID) and, to extend
the requirement for using PIIDs to solicitations, contracts, and
related procurement instruments.
This final rule adds two new definitions at 4.001, revises
4.605(a), and adds a new FAR subpart 4.16--Unique Procurement
Instrument Identifiers, to prescribe policies and procedures for
assigning PIIDs. The Government expects that these changes will reduce
data errors and interoperability problems across the Federal
Government's business processes which were created by inconsistent and
non-unique PIID assignment and use. These changes will not impose new
requirements on small businesses, as the rule only addresses internal
Government policy and procedures.
Item III--Uniform Suspension and Debarment Requirement (FAR Case 2009-
036)
This rule adopts as final, with minor changes, an interim rule
which implemented section 815 of the National Defense Authorization Act
for Fiscal Year 2010, Public Law 111-84. The law requires that
suspension and debarment requirements flow down to all subcontracts
except contracts for commercially available off-the-shelf items, and in
the case of commercial items, first-tier subcontracts only.
This requirement protects the Government against contracting with
entities at any tier who are debarred, suspended, or proposed for
debarment. This rule does not have a significant impact on the
Government, contractors, or any automated systems.
Item IV--Extension of Sunset Date for Protests of Task and Delivery
Orders (FAR Case 2011-015) (Interim)
This interim rule amends the FAR to implement section 825 of the
Ike Skelton National Defense Authorization Act for Fiscal Year 2011
(Pub. L. 111-383). Section 825 extends the sunset date for protests
against awards of task or delivery orders by DoD, NASA, and the Coast
Guard from May 27, 2011 to September 30, 2016. The sunset date for
protests against the award of task or delivery orders by other Federal
agencies remains May 27, 2011. With this change, contractors will no
longer be able to protest task or delivery orders awarded by agencies
other than DoD, NASA, and the Coast Guard. There is no effect on
Government automated systems.
Item V--Encouraging Contractor Policies To Ban Text Messaging While
Driving (FAR Case 2009-028)
This final rule adopts, with changes, the interim rule published in
the Federal Register at 75 FR 60264 on September 29, 2010, to implement
Executive Order 13513 (October 1, 2009), published in the Federal
Register at 74 FR 51225 on October 6, 2009, entitled ``Federal
Leadership on Reducing Text Messaging while Driving.'' This final rule
revises FAR clause 52.223-18 to encourage the adoption and enforcement
of 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. The final rule also revises
the language in the clause to
[[Page 39233]]
encourage contractors to conduct initiatives such as: (1) Establishment
of new rules and programs or re-evaluation of existing programs to
prohibit text messaging while driving, and (2) 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.
Item VI--TINA Interest Calculations (FAR Case 2009-034)
DoD, GSA, and NASA are publishing a final rule amending the FAR to
revise the clauses at FAR 52.214-27, FAR 52.215-10, and FAR 52.215-11
to require compound interest calculations be applied to Government
overpayments as a result of defective cost or pricing data.
Dated: June 28, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office
of Acquisition Policy.
Federal Acquisition Circular (FAC) 2005-53 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 2005-53 is
effective July 5, 2011, except for Items I, II, III, V and VI which are
effective August 4, 2011.
Dated: June 27, 2011.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: June 28, 2011.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: June 22, 2011.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 2011-16671 Filed 7-1-11; 8:45 am]
BILLING CODE 6820-EP-P