80 FR 26429 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-82; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 88 (May 7, 2015)

Page Range		26429-26430
FR Document		2015-11032

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 the rules appearing in Federal Acquisition Circular (FAC) 2005-82, which amends the Federal Acquisition Regulation (FAR). An asterisk (*) next to a rule indicates that a regulatory flexibility analysis has been prepared. Interested parties may obtain further information regarding these rules by referring to FAC 2005-82, which precedes this document. These documents are also available via the Internet at http:// www.regulations.gov.

Federal Register, Volume 80 Issue 88 (Thursday, May 7, 2015)

[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26429-26430]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-11032]

[[Page 26429]]

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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; Small Entity Compliance Guide

AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.

-----------------------------------------------------------------------

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 the rules
appearing in Federal Acquisition Circular (FAC) 2005-82, which amends
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a
rule indicates that a regulatory flexibility analysis has been
prepared. Interested parties may obtain further information regarding
these rules by referring to FAC 2005-82, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.

DATES: May 7, 2015.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-82 and the 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
----------------------------------------------------------------------------------------------------------------
List Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
* I.................................... Equal Employment and 2014-013 Loeb.
Affirmative Action for
Veterans and Individuals
with Disabilities.
II..................................... Review and Justification 2013-012 Hopkins.
of 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.

[[Page 26430]]

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.

Dated: April 30, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2015-11032 Filed 5-6-15; 8:45 am]
BILLING CODE 6820-EP-P

Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations 26429

DEPARTMENT OF DEFENSE and National Aeronautics and Space further information regarding these
Administration (NASA). rules by referring to FAC 2005–82,
GENERAL SERVICES ACTION: Small Entity Compliance Guide. which precedes this document. These
ADMINISTRATION documents are also available via the
SUMMARY: This document is issued Internet at http://www.regulations.gov.
NATIONAL AERONAUTICS AND under the joint authority of DOD, GSA,
SPACE ADMINISTRATION and NASA. This Small Entity DATES: May 7, 2015.
Compliance Guide has been prepared in FOR FURTHER INFORMATION CONTACT: For
48 CFR Chapter 1 accordance with section 212 of the clarification of content, contact the
Small Business Regulatory Enforcement
[Docket No. FAR 2015–0051, Sequence No. analyst whose name appears in the table
Fairness Act of 1996. It consists of a
2] below. Please cite FAC 2005–82 and the
summary of the rules appearing in
Federal Acquisition Circular (FAC) FAR case number. For information
Federal Acquisition Regulation; pertaining to status or publication
Federal Acquisition Circular 2005–82; 2005–82, which amends the Federal
Acquisition Regulation (FAR). An schedules, contact the Regulatory
Small Entity Compliance Guide Secretariat at 202–501–4755.
asterisk (*) next to a rule indicates that
AGENCIES: Department of Defense (DoD), a regulatory flexibility analysis has been
General Services Administration (GSA), prepared. Interested parties may obtain

RULES LISTED IN FAC 2005–82
List 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: obligations under each clause. There is section 802 only applied to the
Summaries for each FAR rule follow. no significant impact on small entities Department of Defense, the Department
For the actual revisions and/or imposed by the FAR rule. of State, and the United States Agency
amendments made by these rules, refer for International Development.
Item II—Review and Justification of
to the specific item numbers and Because the rule augments the current
Pass-Through Contracts (FAR Case
subjects set forth in the documents responsibilities of contracting officers
2013–012)
following these item summaries. FAC relative to the review and justification of
2005–82 amends the FAR as specified This final rule amends the FAR to
pass-through contracts and does not
below: implement section 802 of the National
initiate or impose any new
Defense Authorization Act for Fiscal
Item I—Equal Employment and administrative or performance
Year 2013 (Pub. L. 112–239), which
Affirmative Action for Veterans and requirements on contractors, and
provided for additional requirements
Individuals with Disabilities (FAR Case specifically exempts contract actions
relative to the review and justification of
2014–013) awarded pursuant to FAR subparts 19.5,
pass-through contracts. In those
19.8, 19.13, 19.14, or 19.15, there is no
DoD, GSA, and NASA are issuing a instances where an offeror for a
impact on small businesses.
final rule adopting the interim rule contract, task order, or delivery order
published July 25, 2014, without informs the agency pursuant to FAR Item III—Enhancements to Past
change. The interim rule amended the 52.215–22 of their intention to award Performance Evaluation Systems (FAR
FAR to implement final rules issued on subcontracts for more than 70 percent of Case 2014–010)
September 24, 2013, by the Office of the total cost of work to be performed
Federal Contract Compliance Programs under the contract, task order, or This final rule changes the language at
at the Department of Labor (DOL) delivery order, section 802 requires the FAR 42.1502 to accommodate the recent
relating to equal opportunity and contracting officer to (1) consider the merger of the Architect-Engineer
affirmative action for veterans and availability of alternative contract Contract Administration Support
individuals with disabilities. The DOL vehicles and the feasibility of System (ACASS) and the Construction
rules provide clarification of mandatory contracting directly with a Contractor Appraisal Support System
listing of employment openings, the subcontractor or subcontractors that will (CCASS) as modules within the
posting of notices, making notices perform the bulk of the work; (2) make Contractor Performance Assessment
accessible to persons with disabilities, a written determination that the Reporting System (CPARS) database.
and requiring nondiscrimination contracting approach selected is in the This action will standardize the past
statements in contractor solicitations or best interest of the Government; and (3) performance reporting requirements
advertisements for employees. The FAR document the basis for such under the CPARS database. The ACASS
clauses were restructured in the interim determination. These statutory and CCASS modules were merged into
mstockstill on DSK4VPTVN1PROD with RULES2

rule to provide a citation to the requirements are being implemented in CPARS on July 1, 2014.
applicable clause in the DOL regulations FAR 15.404–1(h) and for consistency This change does not place any new
and include a statement that purposes are applicable to all of the requirements on small entities.
summarizes contractors’ top level agencies subject to the FAR even though

VerDate Sep<11>2014 19:21 May 06, 2015 Jkt 235001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 E:\FR\FM\07MYR2.SGM 07MYR2

$26430 Federal Register / Vol. 80, No. 88 / Thursday, May 7, 2015 / Rules and Regulations Item IV—Technical Amendments (b)(36)(ii), (b)(39)(ii), and (e)(1)(v), Dated: April 30, 2015. 52.213–4(a) and (b), and 52.223–16. William Clark, Editorial changes are made at FAR Director, Office of Government-wide 4.905(a), 22.102–2(a), 39.101(a)(1)(ii), Acquisition Policy, Office of Acquisition 52.212–4(v), 52.212–5(b)(36)(i), Policy, Office of Government-wide Policy. [FR Doc. 2015–11032 Filed 5–6–15; 8:45 am] BILLING CODE 6820–EP–P mstockstill on DSK4VPTVN1PROD with RULES2 VerDate Sep<11>2014 19:21 May 06, 2015 Jkt 235001 PO 00000 Frm 00010 Fmt 4701 Sfmt 9990 E:\FR\FM\07MYR2.SGM 07MYR2$

Document Created: 2015-12-16 07:50:25
Document Modified: 2015-12-16 07:50:25

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		Small Entity Compliance Guide.
Dates		May 7, 2015.
Contact		For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-82 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202- 501-4755.
FR Citation		80 FR 26429

80 FR 26429 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-82; Small Entity Compliance Guide

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 88 (May 7, 2015)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION