80 FR 26421 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-82; Introduction
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 80, Issue 88 (May 7, 2015)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 80, Issue 88 (May 7, 2015)
| Page Range | 26421-26423 | |
| FR Document | 2015-11027 |
[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)] [Rules and Regulations] [Pages 26421-26423] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2015-11027] [[Page 26421]] Vol. 80 Thursday, No. 88 May 7, 2015 Part IV Department of Defense ----------------------------------------------------------------------- General Services Administration ----------------------------------------------------------------------- National Aeronautics and Space Administration ----------------------------------------------------------------------- 48 Chapter 1 Federal Acquisition Regulations; Rules Federal Register / Vol. 80 , No. 88 / Thursday, May 7, 2015 / Rules and Regulations [[Page 26422]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 [Docket No. FAR 2015-0051, Sequence No. 2] Federal Acquisition Regulation; Federal Acquisition Circular 2005-82; Introduction AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Summary presentation of final rules. ----------------------------------------------------------------------- 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) 2005-82. 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 the separate documents, which follow. FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005-82 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501- 4755. Rules Listed in FAC 2005-82 ---------------------------------------------------------------------------------------------------------------- Item Subject FAR Case Analyst ---------------------------------------------------------------------------------------------------------------- I....................................... Equal Employment and 2014-013 Loeb. Affirmative Action for Veterans and Individuals with Disabilities. II...................................... Review and Justification of 2013-012 Hopkins. Pass-Through Contracts. III..................................... Enhancements to Past 2014-010 Glover. Performance Evaluation Systems. IV...................................... Technical Amendments........... ---------------------------------------------------------------------------------------------------------------- SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the actual revisions and/or amendments made by these rules, refer to the specific item numbers and subjects set forth in the documents following these item summaries. FAC 2005-82 amends the FAR as specified below: Item I--Equal Employment and Affirmative Action for Veterans and Individuals With Disabilities (FAR Case 2014-013) DoD, GSA, and NASA are issuing a final rule adopting the interim rule published July 25, 2014, without change. The interim rule amended the FAR to implement final rules issued on September 24, 2013, by the Office of Federal Contract Compliance Programs at the Department of Labor (DOL) relating to equal opportunity and affirmative action for veterans and individuals with disabilities. The DOL rules provide clarification of mandatory listing of employment openings, the posting of notices, making notices accessible to persons with disabilities, and requiring nondiscrimination statements in contractor solicitations or advertisements for employees. The FAR clauses were restructured in the interim rule to provide a citation to the applicable clause in the DOL regulations and include a statement that summarizes contractors' top level obligations under each clause. There is no significant impact on small entities imposed by the FAR rule. Item II--Review and Justification of Pass-Through Contracts (FAR Case 2013-012) This final rule amends the FAR to implement section 802 of the National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112- 239), which provided for additional requirements relative to the review and justification of pass-through contracts. In those instances where an offeror for a contract, task order, or delivery order informs the agency pursuant to FAR 52.215-22 of their intention to award subcontracts for more than 70 percent of the total cost of work to be performed under the contract, task order, or delivery order, section 802 requires the contracting officer to (1) consider the availability of alternative contract vehicles and the feasibility of contracting directly with a subcontractor or subcontractors that will perform the bulk of the work; (2) make a written determination that the contracting approach selected is in the best interest of the Government; and (3) document the basis for such determination. These statutory requirements are being implemented in FAR 15.404-1(h) and for consistency purposes are applicable to all of the agencies subject to the FAR even though section 802 only applied to the Department of Defense, the Department of State, and the United States Agency for International Development. Because the rule augments the current responsibilities of contracting officers relative to the review and justification of pass- through contracts and does not initiate or impose any new administrative or performance requirements on contractors, and specifically exempts contract actions awarded pursuant to FAR subparts 19.5, 19.8, 19.13, 19.14, or 19.15, there is no impact on small businesses. Item III--Enhancements to Past Performance Evaluation Systems (FAR Case 2014-010) This final rule changes the language at FAR 42.1502 to accommodate the recent merger of the Architect-Engineer Contract Administration Support System (ACASS) and the Construction Contractor Appraisal Support System (CCASS) as modules within the Contractor Performance Assessment Reporting System (CPARS) database. This action will standardize the past performance reporting requirements under the CPARS database. The ACASS and CCASS modules were merged into CPARS on July 1, 2014. This change does not place any new requirements on small entities. Item IV--Technical Amendments Editorial changes are made at FAR 4.905(a), 22.102-2(a), 39.101(a)(1)(ii), 52.212-4(v), 52.212-5(b)(36)(i), (b)(36)(ii), (b)(39)(ii), and (e)(1)(v), 52.213-4(a) and (b), and 52.223-16. [[Page 26423]] Dated: April 30, 2015. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Federal Acquisition Circular (FAC) 2005-82 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 2005-82 is effective May 7, 2015 except for items II and III, which are effective June 8, 2015. Dated: April 29, 2015. RADM Althea H. Coetzee, Acting Director of Defense Procurement and Acquisition Policy Dated: May 1, 2015. Jeffrey A. Koses, Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, U.S. General Services Administration. Dated: April 28, 2015. William P. McNally, Assistant Administrator, Office of Procurement, National Aeronautics and Space Administration. [FR Doc. 2015-11027 Filed 5-6-15; 8:45 am] BILLING CODE P
![26422 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations
DEPARTMENT OF DEFENSE and National Aeronautics and Space DATES: For effective dates see the
Administration (NASA). separate documents, which follow.
GENERAL SERVICES
ADMINISTRATION ACTION: Summary presentation of final FOR FURTHER INFORMATION CONTACT: The
rules. analyst whose name appears in the table
NATIONAL AERONAUTICS AND below in relation to the FAR case.
SPACE ADMINISTRATION SUMMARY: This document summarizes Please cite FAC 2005–82 and the
the Federal Acquisition Regulation specific FAR case number. For
48 CFR Chapter 1 (FAR) rules agreed to by the Civilian information pertaining to status or
Agency Acquisition Council and the publication schedules, contact the
[Docket No. FAR 2015–0051, Sequence No. Defense Acquisition Regulations Regulatory Secretariat at 202–501–4755.
2] Council (Councils) in this Federal
Acquisition Circular (FAC) 2005–82. A
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–82; companion document, the Small Entity
Introduction Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
AGENCY: Department of Defense (DoD), available via the Internet at http://
General Services Administration (GSA), www.regulations.gov.
RULES LISTED IN FAC 2005–82
Item Subject FAR Case Analyst
I ................................... Equal Employment and Affirmative Action for Veterans and Individuals with Disabilities ...... 2014–013 Loeb.
II .................................. Review and Justification of Pass-Through Contracts .............................................................. 2013–012 Hopkins.
III ................................. Enhancements to Past Performance Evaluation Systems ...................................................... 2014–010 Glover.
IV ................................. Technical Amendments.
SUPPLEMENTARY INFORMATION: Item II—Review and Justification of pass-through contracts and does not
Summaries for each FAR rule follow. Pass-Through Contracts (FAR Case initiate or impose any new
For the actual revisions and/or 2013–012) administrative or performance
amendments made by these rules, refer This final rule amends the FAR to requirements on contractors, and
to the specific item numbers and implement section 802 of the National specifically exempts contract actions
subjects set forth in the documents Defense Authorization Act for Fiscal awarded pursuant to FAR subparts 19.5,
following these item summaries. FAC Year 2013 (Pub. L. 112–239), which 19.8, 19.13, 19.14, or 19.15, there is no
2005–82 amends the FAR as specified provided for additional requirements impact on small businesses.
below: relative to the review and justification of
pass-through contracts. In those Item III—Enhancements to Past
Item I—Equal Employment and Performance Evaluation Systems (FAR
Affirmative Action for Veterans and instances where an offeror for a
contract, task order, or delivery order Case 2014–010)
Individuals With Disabilities (FAR Case
2014–013) informs the agency pursuant to FAR
This final rule changes the language at
52.215–22 of their intention to award
DoD, GSA, and NASA are issuing a FAR 42.1502 to accommodate the recent
subcontracts for more than 70 percent of
final rule adopting the interim rule the total cost of work to be performed merger of the Architect-Engineer
published July 25, 2014, without under the contract, task order, or Contract Administration Support
change. The interim rule amended the delivery order, section 802 requires the System (ACASS) and the Construction
FAR to implement final rules issued on contracting officer to (1) consider the Contractor Appraisal Support System
September 24, 2013, by the Office of availability of alternative contract (CCASS) as modules within the
Federal Contract Compliance Programs vehicles and the feasibility of Contractor Performance Assessment
at the Department of Labor (DOL) contracting directly with a Reporting System (CPARS) database.
relating to equal opportunity and subcontractor or subcontractors that will This action will standardize the past
affirmative action for veterans and perform the bulk of the work; (2) make performance reporting requirements
individuals with disabilities. The DOL a written determination that the under the CPARS database. The ACASS
rules provide clarification of mandatory contracting approach selected is in the and CCASS modules were merged into
listing of employment openings, the best interest of the Government; and (3) CPARS on July 1, 2014.
posting of notices, making notices document the basis for such This change does not place any new
accessible to persons with disabilities, determination. These statutory
and requiring nondiscrimination requirements on small entities.
requirements are being implemented in
statements in contractor solicitations or FAR 15.404–1(h) and for consistency Item IV—Technical Amendments
advertisements for employees. The FAR purposes are applicable to all of the
clauses were restructured in the interim agencies subject to the FAR even though Editorial changes are made at FAR
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rule to provide a citation to the section 802 only applied to the 4.905(a), 22.102–2(a), 39.101(a)(1)(ii),
applicable clause in the DOL regulations Department of Defense, the Department 52.212–4(v), 52.212–5(b)(36)(i),
and include a statement that of State, and the United States Agency (b)(36)(ii), (b)(39)(ii), and (e)(1)(v),
summarizes contractors’ top level for International Development. 52.213–4(a) and (b), and 52.223–16.
obligations under each clause. There is Because the rule augments the current
no significant impact on small entities responsibilities of contracting officers
imposed by the FAR rule. relative to the review and justification of
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![Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 26423
Dated: April 30, 2015. affirmative action for veterans and significant under E.O. 12866, and major
William Clark, individuals with disabilities. rules under 5 U.S.C. 804. The
Director, Office of Government-wide DATES: Effective: May 7, 2015. Regulatory Impact Analysis for these
Acquisition Policy, Office of Acquisition FOR FURTHER INFORMATION CONTACT: Mr. rules was published in the Federal
Policy, Office of Government-wide Policy.
Edward Loeb, Procurement Analyst, at Register on September 24, 2013 at 78 FR
Federal Acquisition Circular (FAC) 202–501–0650 for clarification of 59643 and at 78 FR 58714. The FAR rule
2005–82 is issued under the authority of content. For information pertaining to adds no new information collections,
the Secretary of Defense, the status or publication schedules, contact recordkeeping, or other compliance
Administrator of General Services, and burdens. The FAR rule cites to the DOL
the Regulatory Secretariat at 202–501–
the Administrator for the National Office of Management and Budget
4755. Please cite FAC 2005–82, FAR
Aeronautics and Space Administration. (OMB) Control numbers 1250–0004 and
Case 2014–013.
Unless otherwise specified, all 1250–0005 for OMB approval under the
SUPPLEMENTARY INFORMATION: Paperwork Reduction Act for any
Federal Acquisition Regulation (FAR)
and other directive material contained I. Background information collection requirements
in FAC 2005–82 is effective May 7, 2015 associated with revised FAR 52.222–35
DoD, GSA, and NASA published an (Equal Opportunity for Veterans) and
except for items II and III, which are interim rule in the Federal Register at
effective June 8, 2015. 52.222–36 (Equal Opportunity for
79 FR 43575 on July 25, 2014, to Workers with Disabilities). The FAR
Dated: April 29, 2015. implement two DOL final rules that clauses, to be incorporated in
RADM Althea H. Coetzee, were published in the Federal Register solicitations and contracts in full text,
Acting Director of Defense Procurement on September 24, 2013, at 78 FR 58614 include the required summary statement
and Acquisition Policy and at 78 FR 58682 as follows: (paragraph (b) and (a) of each of the FAR
Dated: May 1, 2015. • ‘‘Affirmative Action and clauses, respectively) and then reference
Jeffrey A. Koses, Nondiscrimination Obligations of to the DOL clauses. There is no
Senior Procurement Executive/Deputy Contractors and Subcontractors economic impact arising from the FAR
CAO, Office of Acquisition Policy, U.S. Regarding Special Disabled Veterans, rule, since the FAR rule only informs
General Services Administration. Veterans of the Vietnam Era, Disabled the contractors of the requirements of
Veterans, Recently Separated Veterans, the DOL rules. Further, each DOL rule
Dated: April 28, 2015. Active Duty Wartime or Campaign
William P. McNally, states that ‘‘By operation of the Act, the
Badge Veterans, and Armed Forces equal opportunity clause shall be
Assistant Administrator, Office of Service Medal Veterans,’’ which
Procurement, National Aeronautics and considered to be a part of every contract
amended DOL regulations at 41 CFR and subcontract required by the Act and
Space Administration. parts 60–250 and 60–300 (78 FR 58614). the regulations in this part to include
[FR Doc. 2015–11027 Filed 5–6–15; 8:45 am] • ‘‘Affirmative Action and such a clause, whether or not it is
BILLING CODE P Nondiscrimination Obligations of physically incorporated in such
Contractors and Subcontractors contract. . .’’ (41 CFR 60–300.5(e) and
Regarding Individuals with 60–741.5(e)). The FAR is not imposing
DEPARTMENT OF DEFENSE Disabilities,’’ which amended DOL requirements; it is incorporating the
regulations at 41 CFR part 60–741 (78 requirements into contracts to inform
GENERAL SERVICES FR 58682).
ADMINISTRATION contractors.
II. Discussion and Analysis IV. Regulatory Flexibility Act
NATIONAL AERONAUTICS AND No public comments were submitted,
SPACE ADMINISTRATION DoD, GSA, and NASA have prepared
and no changes have been made to the a Final Regulatory Flexibility Analysis
interim rule. (FRFA) consistent with the Regulatory
48 CFR Parts 1, 22, and 52
III. Executive Orders 12866 and 13563 Flexibility Act, 5 U.S.C. 604, et seq. The
[FAC 2005–82; FAR Case 2014–013; Item FRFA is summarized as follows:
I; Docket 2014–0013, Sequence 1] Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs This final rule is being issued to
RIN 9000–AM76 and benefits of available regulatory implement changes to 41 CFR 60–25, 60–300,
and 60–741, as published in the Federal
alternatives and, if regulation is Register on September 24, 2013 (78 FR 58614
Federal Acquisition Regulation: Equal
necessary, to select regulatory and 58682), by the Office of Federal Contract
Employment and Affirmative Action for
approaches that maximize net benefits Compliance Programs of the Department of
Veterans and Individuals With
(including potential economic, Labor (DOL). The DOL rules revise the
Disabilities current regulations implementing 38 U.S.C.
environmental, public health and safety
AGENCY: Department of Defense (DoD), effects, distributive impacts, and 4211 and 4212, and the nondiscrimination
equity). E.O. 13563 emphasizes the and affirmative action regulations of section
General Services Administration (GSA),
503 of the Rehabilitation Act of 1973, as
and National Aeronautics and Space importance of quantifying both costs amended. The DOL rules add requirements
Administration (NASA). and benefits, of reducing costs, of on mandatory job listings, data collection,
ACTION: Final rule. harmonizing rules, and of promoting and establishing hiring benchmarks.
flexibility. This is a significant There were no public comments submitted
SUMMARY: DoD, GSA, and NASA have regulatory action and, therefore, was in response to the initial regulatory flexibility
mstockstill on DSK4VPTVN1PROD with RULES2
adopted as final, without change, an subject to review under section 6(b) of analysis.
interim rule amending the Federal E.O. 12866, Regulatory Planning and With regard to equal opportunity for
Acquisition Regulation (FAR) to veterans, DOL estimated that the
Review, dated September 30, 1993. This
approximate number of small entities that
implement final rules issued by the rule is not a major rule under 5 U.S.C. would be subject to its rule would be 20,490
Office of Federal Contract Compliance 804. Federal contractors with between 50 and 500
Programs at the Department of Labor Both rules issued by the DOL were employees (approximately 44% of Federal
(DOL) relating to equal opportunity and determined to be economically contractors may be impacted).
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Document Created: 2015-12-16 07:50:03
Document Modified: 2015-12-16 07:50:03
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Summary presentation of final rules. | |
| Dates | For effective dates see the separate documents, which follow. | |
| Contact | The analyst whose name appears in the table below in relation to the FAR case. Please cite FAC 2005-82 and the specific FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202-501- 4755. | |
| FR Citation | 80 FR 26421 |
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