[Federal Register: November 2, 2011 (Volume 76, Number 212)]
[Rules and Regulations]
[Page 68044-68045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr02no11-27]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket FAR 2011-0077; Sequence 6]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-54; Small Entity Compliance Guide
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
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SUMMARY: This document is issued under the joint authority of DOD, GSA,
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 rules
appearing in Federal Acquisition Circular (FAC) 2005-54, which amend
the Federal Acquisition Regulation (FAR). Interested parties may obtain
further information regarding these rules by referring to FAC 2005-54,
which precedes this document. These documents are also 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. Please cite FAC 2005-54 and the specific FAR case number.
For information pertaining to status or publication schedules, contact
the Regulatory Secretariat at (202) 501-4755.
List of Rules in FAC 2005-54
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I........... Notification of 2010-006 McFadden.
Employee Rights Under
the National Labor
Relations Act.
II.......... Preventing Personal 2008-025 Robinson.
Conflicts of Interest
for Contractor
Employees Performing
Acquisition Functions.
III......... Small Disadvantaged 2009-019 Morgan.
Business Program Self-
Certification.
IV.......... Certification 2010-012 Davis.
Requirement and
Procurement
Prohibition Relating
to Iran Sanctions.
V........... Representation 2010-018 Davis.
Regarding Export of
Sensitive Technology
to Iran (Interim).
VI.......... Set-Asides for Small 2011-024 Morgan.
Business (Interim).
VII......... Sudan Waiver Process.. 2009-041 Davis.
VIII........ Successor Entities to 2011-014 Davis.
the Netherlands
Antilles.
IX.......... Labor Relations Costs. 2009-006 Chambers.
X........... Technical Amendments..
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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 numbers and subject set forth in the documents
following these item summaries. FAC 2005-54 amends the FAR as specified
below:
Item I--Notification of Employee Rights Under the National Labor
Relations Act (FAR Case 2010-006)
This rule adopts as final, without change, the interim rule that
published in the Federal Register at 75 FR 77723 on December 13, 2010,
implementing Executive Order (E.O.) 13496, Notification of Employee
Rights Under Federal Labor Laws, as implemented by the Department of
Labor (DOL). The E.O. requires contractors to display a notice for
employees of their rights under Federal labor laws, and the DOL has
determined that the notice shall include employee rights under the
National Labor Relations Act.
Item II--Preventing Personal Conflicts of Interest for Contractor
Employees Performing Acquisition Functions (FAR Case 2008-025)
This final rule amends the FAR to address personal conflicts of
interest by employees of Government contractors, as required by section
841(a) of the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Pub. L. 110-417) (now codified at 41 U.S.C. 2303).
This rule requires the contractor to take the steps necessary to
identify and prevent personal conflicts
[[Page 68045]]
of interest for employees that perform acquisition functions closely
associated with inherently governmental functions. The contracting
officer shall consult with agency legal counsel for advice and
recommendations on a course of action when the contractor reports a
personal conflict of interest violation by a covered employee or when
the contractor violates the clause requirements.
Item III--Small Disadvantaged Business Program Self-Certification (FAR
Case 2009-019)
This rule adopts as final, without change, an interim rule that
implements revisions made by the Small Business Administration (SBA) in
its Small Disadvantaged Business (SDB) regulations. The FAR interim
rule was published in the Federal Register at 75 FR 77737 on December
13, 2010, to allow SDBs to self-represent their SDB status to prime
contractors in good faith when seeking Federal subcontracting
opportunities. This FAR revision removed an administrative burden for
SDB subcontractors to obtain SBA certification, as well as prime
contractors, who were required to confirm that SDB subcontractors had
obtained SBA certification.
Item IV--Certification Requirement and Procurement Prohibition Relating
to Iran Sanctions (FAR Case 2010-012)
This rule adopts as final, with minor changes, an interim rule. The
interim rule implemented sections 102 and 106 of the Comprehensive Iran
Sanctions, Accountability, and Divestment Act of 2010. Section 102
requires 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 of
1996. Section 106 imposes a procurement prohibition relating to
contracts with persons that export certain sensitive technology to
Iran. This rule will have little effect on domestic small business
concerns, because such dealings with Iran are already generally
prohibited under U.S. law.
Item V--Representation Regarding Export of Sensitive Technology to Iran
(FAR Case 2010-018) (Interim)
This interim rule amends the FAR to include additional requirements
to implement section 106 of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of 2010, Pub. L. 111-195. To enhance
enforcement of section 106, the FAR will require each offeror to
complete a representation that the offeror does not export certain
sensitive technology to the government of Iran or any entities or
individuals owned or controlled by or acting on behalf or at the
direction of the government of Iran. This rule will have little effect
on domestic small business concerns, because such dealings with Iran
are already generally prohibited in the United States.
Item VI--Set-Asides for Small Business (FAR Case 2011-024) (Interim)
This interim rule amends the FAR to implement section 1331 of
Public Law 111-240, the Small Business Jobs Act of 2010, providing
agencies with the legal authority to set aside or reserve multiple-
award contracts and orders.
Specifically, section 1331 authorizes agencies to (1) Set aside
part or parts of multiple-award contracts; (2) set aside orders placed
against multiple-award contracts; and (3) reserve one or more multiple-
award contracts for small business concerns that are awarded using full
and open competition.
The interim rule gives agencies an additional procurement tool to
increase opportunities for small businesses to compete in the Federal
marketplace.
Item VII--Sudan Waiver Process (FAR Case 2009-041)
This final rule amends the FAR to revise section 25.702,
Prohibition on contracting with entities that conduct restricted
business operations in Sudan. The rule adds specific criteria,
including foreign policy aspects, that an agency must address when
applying to the President or his appointed designee for a waiver of the
prohibition on awarding a contract to a contractor that conducts
restricted business operations in Sudan, in accordance with the Sudan
Accountability and Divestment Act of 2007 (Pub. L. 110-174). The rule
also describes the consultation process that will be used by the Office
of Federal Procurement Policy in support of the waiver review. The rule
does not impose any requirements on small businesses.
Item VIII--Successor Entities to the Netherlands Antilles (FAR Case
2011-014)
This final rule amends FAR parts 25 and 52 to revise the
definitions of ``Caribbean Basin country'' and ``designated country''
due to the change in status of the islands that comprised the
Netherlands Antilles. On October 10, 2010, the Netherlands Antilles
dissolved into five separate successor entities. The rule does not
impose any requirements on small businesses.
Item IX--Labor Relations Costs (FAR Case 2009-006)
This final rule amends the FAR to implement Executive Order (E.O.)
13494, Economy in Government Contracting, issued on January 30, 2009,
and amended on October 30, 2009. This E.O. treats as unallowable the
costs of any activities undertaken to persuade employees, whether
employees of the recipient of Federal disbursements or of any other
entity, to exercise or not to exercise, or concerning the manner of
exercising, the right to organize and bargain collectively through
representatives of the employee's own choosing.
Item X--Technical Amendments
Editorial changes are made at FAR 1.106, 4.604, and 8.501.
Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
[FR Doc. 2011-27794 Filed 11-1-11; 8:45 am]
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