80 FR 75901 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-85; Introduction

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 233 (December 4, 2015)

Page Range		75901-75903
FR Document		2015-30455

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) 2005-85. 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.

Federal Register, Volume 80 Issue 233 (Friday, December 4, 2015)

[Federal Register Volume 80, Number 233 (Friday, December 4, 2015)]
[Rules and Regulations]
[Pages 75901-75903]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2015-30455]

[[Page 75901]]

Vol. 80

Friday,

No. 233

December 4, 2015

Part II

Department of Defense

General Services Administration

National Aeronautics and Space Administration

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

48 CFR Chapter 1

Federal Acquisition Regulations; Rules

Federal Register / Vol. 80 , No. 233 / Friday, December 4, 2015 /
Rules and Regulations

[[Page 75902]]

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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2015-0051, Sequence No. 5]

Federal Acquisition Regulation; Federal Acquisition Circular
2005-85; Introduction

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

ACTION: Summary presentation of interim and 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) 2005-85. 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 2005-85 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 2005-85
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
I.................................... Prohibition on Contracting 2015-011 Davis.
with Corporations with
Delinquent Taxes or a Felony
Conviction (Interim).
II................................... Further Amendments to Equal 2015-013 Loeb.
Employment Opportunity.
III.................................. Updating Federal Contractor 2015-036 Loeb.
Reporting of Veterans'
Employment (Interim).
IV................................... Pilot Program for Enhancement 2013-015 Davis.
of Contractor Employee
Whistleblower Protections.
V.................................... Retention Periods............ 2015-009 Glover.
VI................................... Establishing a Minimum Wage 2015-003 Loeb.
for Contractors.
VII.................................. Technical Amendment..........
----------------------------------------------------------------------------------------------------------------

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 2005-85 amends the FAR as follows:

Item I--Prohibition on Contracting With Corporations With Delinquent
Taxes or a Felony Conviction (FAR Case 2015-011) (Interim)

This interim rule amends the FAR to implement sections of the
Consolidated and Further Continuing Appropriations Act, 2015, to
prohibit the Federal Government from entering into a contract with any
corporation having a delinquent Federal tax liability or a felony
conviction under any Federal law, unless an agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
This interim rule has no significant impact on the Government and
contractors, including small business entities.

Item II--Further Amendments to Equal Employment Opportunity (FAR Case
2015-013)

DoD, GSA, and NASA are issuing a final rule adopting an interim
rule published April 10, 2015, without change. The interim rule amended
the FAR to implement Executive Order (E.O.) 13672, entitled ``Further
Amendments to Executive Order 11478, Equal Employment Opportunity in
the Federal Government, and Executive Order 11246, Equal Employment
Opportunity''. E.O. 13672 was signed July 21, 2014.
E.O. 11246, dated September 24, 1965, established requirements for
non-discriminatory practices in hiring and employment for Federal
contractors and subcontractors. The bases of discrimination prohibited
by E.O. 11246 are race, color, religion, sex, and national origin. E.O.
13672 adds sexual orientation and gender identity to the prohibited
bases of discrimination established by E.O. 11246. There is no
significant impact on small entities.

Item III--Updating Federal Contractor Reporting of Veterans' Employment
(FAR Case 2015-036) (Interim)

DoD, GSA, and NASA are issuing an interim rule amending the FAR to
implement a final rule issued by the Department of Labor's Veterans'
Employment and Training Service (VETS) that revised the regulations at
41 CFR part 61 implementing the reporting requirements under the
Vietnam Era Veterans' Readjustment Assistance Act, as amended (VEVRAA)
and the Jobs for Veterans Act (JVA) (Pub. L. 107-288). VEVRAA requires
Federal contractors and subcontractors to annually report on the total
number of their employees who belong to the categories of veterans
protected under VEVRAA, as amended by the JVA, and the total number of
those protected veterans who were hired during the period covered by
the report. The VETS rule requires contractors and subcontractors to
comply with its revised reporting requirements using the new Form VETS-
4212, in lieu of the VETS-100 and VETS-100A, beginning with the annual
report filed in 2015.
There is no significant impact on small entities imposed by the FAR
rule.

Item IV--Pilot Program for Enhancement of Contractor Employee
Whistleblower Protections (FAR Case 2013-015)

This final rule amends the FAR to implement a statutory pilot
program enhancing whistleblower protections for contractor employees at
FAR subpart 3.9. An interim rule was published September 30, 2013. The
interim rule created a new FAR section 3.908 to be used by title 41
agencies through January 1, 2017.
The four-year pilot program is mandated by section 828, entitled
``Pilot Program for Enhancement of Contractor Employee Whistleblower
Protections,'' of the National Defense Authorization Act (NDAA) for
Fiscal Year (FY) 2013 (Pub. L. 112-239, enacted January 2, 2013).
This rule has no significant impact on small business concerns.

[[Page 75903]]

Item V--Retention Periods (FAR Case 2015-009)

This final rule amends the FAR by updating the Government file
retention periods to conform with the retention periods in the National
Archives and Records Administration (NARA) General Records Schedule
(GRS). Language is also added to instruct agencies that require a
shorter retention period for certain records to request approval from
NARA through the agency's record officer. This rule change does not
place any new requirements on small entities; the only change is the
timeframe for retention by the Government of Government records.

Item VI--Establishing a Minimum Wage for Contractors (FAR Case 2015-
003)

DoD, GSA, and NASA are issuing a final rule adopting the interim
rule published December 15, 2014, with change. The interim rule amended
the FAR to implement Executive Order 13658 and a Department of Labor
final rule issued on October 7, 2014, both entitled ``Establishing a
Minimum Wage for Contractors,'' which established a new minimum wage
for covered service and construction contracts of $10.10 per hour, as
of January 1, 2015. The Executive Order minimum wage will be adjusted
annually, by the Department of Labor. Contracting officers will include
a clause in covered contracts and will adjust contract prices for the
annual adjustments in the Executive Order minimum wage. Contractors
shall consider any subcontractor request, including requests by small
businesses subcontractors, for a subcontract price adjustment due to
the annual adjustment in the Executive Order minimum wage.
There is no significant impact on small entities imposed by the FAR
rule.

Item VII--Technical Amendment

Editorial change is made at FAR 1.106.

Dated: November 20, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.

Federal Acquisition Circular (FAC) 2005-85 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 2005-85 is
effective December 4, 2015 except for item I and III which are
effective February 26, 2016, and item V which is effective January 4,
2016.

Dated: November 23, 2015.
Claire M. Grady,
Director, Defense Procurement and Acquisition Policy.
Dated: November 24, 2015.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: November 20, 2015.
William P. McNally,
Assistant Administrator, Office of Procurement, National Aeronautics
and Space Administration.
[FR Doc. 2015-30455 Filed 12-3-15; 8:45 am]
BILLING CODE 6820-EP-P

75902 Federal Register / Vol. 80, No. 233 / Friday, December 4, 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 FOR FURTHER INFORMATION CONTACT: The
interim and final 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 2005–85 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 Defense Acquisition Regulations Regulatory Secretariat at 202–501–4755.
No. 5] Council (Councils) in this Federal
Acquisition Circular (FAC) 2005–85. A
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–85; 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 2005–85
Item Subject FAR Case Analyst

I .................................................................. Prohibition on Contracting with Corporations with Delinquent Taxes or a Felony Con- 2015–011 Davis.
viction (Interim).
II ................................................................. Further Amendments to Equal Employment Opportunity .............................................. 2015–013 Loeb.
III ................................................................ Updating Federal Contractor Reporting of Veterans’ Employment (Interim) ................ 2015–036 Loeb.
IV ................................................................ Pilot Program for Enhancement of Contractor Employee Whistleblower Protections .. 2013–015 Davis.
V ................................................................. Retention Periods .......................................................................................................... 2015–009 Glover.
VI ................................................................ Establishing a Minimum Wage for Contractors ............................................................. 2015–003 Loeb.
VII ............................................................... Technical Amendment.

SUPPLEMENTARY INFORMATION: change. The interim rule amended the on the total number of their employees
Summaries for each FAR rule follow. FAR to implement Executive Order who belong to the categories of veterans
For the actual revisions and/or (E.O.) 13672, entitled ‘‘Further protected under VEVRAA, as amended
amendments made by these rules, refer Amendments to Executive Order 11478, by the JVA, and the total number of
to the specific item numbers and Equal Employment Opportunity in the those protected veterans who were hired
subjects set forth in the documents Federal Government, and Executive during the period covered by the report.
following these item summaries. FAC Order 11246, Equal Employment The VETS rule requires contractors and
2005–85 amends the FAR as follows: Opportunity’’. E.O. 13672 was signed subcontractors to comply with its
July 21, 2014. revised reporting requirements using the
Item I—Prohibition on Contracting E.O. 11246, dated September 24, new Form VETS–4212, in lieu of the
With Corporations With Delinquent 1965, established requirements for non- VETS–100 and VETS–100A, beginning
Taxes or a Felony Conviction (FAR discriminatory practices in hiring and with the annual report filed in 2015.
Case 2015–011) (Interim) employment for Federal contractors and There is no significant impact on
This interim rule amends the FAR to subcontractors. The bases of small entities imposed by the FAR rule.
implement sections of the Consolidated discrimination prohibited by E.O. 11246
and Further Continuing Appropriations Item IV—Pilot Program for
are race, color, religion, sex, and
Act, 2015, to prohibit the Federal Enhancement of Contractor Employee
national origin. E.O. 13672 adds sexual
Government from entering into a Whistleblower Protections (FAR Case
orientation and gender identity to the
contract with any corporation having a prohibited bases of discrimination 2013–015)
delinquent Federal tax liability or a established by E.O. 11246. There is no This final rule amends the FAR to
felony conviction under any Federal significant impact on small entities. implement a statutory pilot program
law, unless an agency has considered enhancing whistleblower protections for
Item III—Updating Federal Contractor contractor employees at FAR subpart
suspension or debarment of the Reporting of Veterans’ Employment
corporation and has made a 3.9. An interim rule was published
(FAR Case 2015–036) (Interim) September 30, 2013. The interim rule
determination that this further action is
not necessary to protect the interests of DoD, GSA, and NASA are issuing an created a new FAR section 3.908 to be
the Government. interim rule amending the FAR to used by title 41 agencies through
This interim rule has no significant implement a final rule issued by the January 1, 2017.
impact on the Government and Department of Labor’s Veterans’ The four-year pilot program is
contractors, including small business Employment and Training Service mandated by section 828, entitled ‘‘Pilot
entities. (VETS) that revised the regulations at 41 Program for Enhancement of Contractor
wgreen on DSK2VPTVN1PROD with RULES2

CFR part 61 implementing the reporting Employee Whistleblower Protections,’’
Item II—Further Amendments to Equal requirements under the Vietnam Era of the National Defense Authorization
Employment Opportunity (FAR Case Veterans’ Readjustment Assistance Act, Act (NDAA) for Fiscal Year (FY) 2013
2015–013) as amended (VEVRAA) and the Jobs for (Pub. L. 112–239, enacted January 2,
DoD, GSA, and NASA are issuing a Veterans Act (JVA) (Pub. L. 107–288). 2013).
final rule adopting an interim rule VEVRAA requires Federal contractors This rule has no significant impact on
published April 10, 2015, without and subcontractors to annually report small business concerns.

VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00002 Fmt 4701 Sfmt 4700 E:\FR\FM\04DER2.SGM 04DER2

Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations 75903

Item V—Retention Periods (FAR Case effective February 26, 2016, and item V ADDRESSES: Submit comments
2015–009) which is effective January 4, 2016. identified by FAC 2005–85, FAR Case
This final rule amends the FAR by Dated: November 23, 2015. 2015–011, by any of the following
updating the Government file retention Claire M. Grady,
methods:
periods to conform with the retention • Regulations.gov: http://
Director, Defense Procurement and
periods in the National Archives and Acquisition Policy.
www.regulations.gov. Submit comments
Records Administration (NARA) via the Federal eRulemaking portal by
Dated: November 24, 2015.
General Records Schedule (GRS). searching for ‘‘FAR Case 2015–011’’.
Jeffrey A. Koses, Select the link ‘‘Comment Now’’ that
Language is also added to instruct Senior Procurement Executive/Deputy CAO,
agencies that require a shorter retention corresponds with ‘‘FAR Case 2015–
Office of Acquisition Policy, U.S. General 011’’. Follow the instructions provided
period for certain records to request Services Administration.
approval from NARA through the on the screen. Please include your
Dated: November 20, 2015. name, company name (if any), and
agency’s record officer. This rule change William P. McNally,
does not place any new requirements on ‘‘FAR Case 2015–011’’ on your attached
Assistant Administrator, Office of document.
small entities; the only change is the
timeframe for retention by the
Procurement, National Aeronautics and • Mail: General Services
Space Administration. Administration, Regulatory Secretariat
Government of Government records. [FR Doc. 2015–30455 Filed 12–3–15; 8:45 am] (MVCB), ATTN: Ms. Flowers, 1800 F
Item VI—Establishing a Minimum BILLING CODE 6820–EP–P Street NW., 2nd Floor, Washington, DC
Wage for Contractors (FAR Case 2015– 20405–0001.
003) Instructions: Please submit comments
DEPARTMENT OF DEFENSE only and cite FAC 2005–85, FAR Case
DoD, GSA, and NASA are issuing a
final rule adopting the interim rule GENERAL SERVICES 2015–011, Prohibition on Contracting
published December 15, 2014, with ADMINISTRATION with Corporation with Delinquent Taxes
change. The interim rule amended the or a Felony Conviction, in all
FAR to implement Executive Order NATIONAL AERONAUTICS AND correspondence related to this case.
13658 and a Department of Labor final SPACE ADMINISTRATION Comments received generally will be
rule issued on October 7, 2014, both posted without change to http://
entitled ‘‘Establishing a Minimum Wage 48 CFR Parts 1, 4, 9, 12, and 52 regulations.gov, including any personal
for Contractors,’’ which established a and/or business confidential
new minimum wage for covered service [FAC 2005–85; FAR Case 2015–011; Item information provided. To confirm
and construction contracts of $10.10 per No. I; Docket No. 2015–0011; Sequence No. receipt of your comment(s), please
hour, as of January 1, 2015. The 1] check www.regulations.gov,
Executive Order minimum wage will be approximately two to three Days after
RIN 9000–AN05
adjusted annually, by the Department of submission to verify posting (except
Labor. Contracting officers will include Federal Acquisition Regulation: allow 30 days for posting of comments
a clause in covered contracts and will Prohibition on Contracting With submitted by mail).
adjust contract prices for the annual Corporations With Delinquent Taxes or FOR FURTHER INFORMATION CONTACT: Ms.
adjustments in the Executive Order a Felony Conviction Cecelia L. Davis, Procurement Analyst,
minimum wage. Contractors shall at 202–219–0202 for clarification of
consider any subcontractor request, AGENCIES: Department of Defense (DoD), content. For information pertaining to
including requests by small businesses General Services Administration (GSA), status or publication schedules, contact
subcontractors, for a subcontract price and National Aeronautics and Space the Regulatory Secretariat Division at
adjustment due to the annual Administration (NASA). 202–501–4755. Please cite FAC 2005–
adjustment in the Executive Order ACTION: Interim rule. 85, FAR Case 2015–011.
minimum wage. SUPPLEMENTARY INFORMATION:
There is no significant impact on SUMMARY: DoD, GSA, and NASA are
small entities imposed by the FAR rule. issuing an interim rule amending the I. Background
Federal Acquisition Regulation (FAR) to This interim rule amends the FAR to
Item VII—Technical Amendment
implement sections of the Consolidated implement sections 744 and 745 of
Editorial change is made at FAR and Further Continuing Appropriations Division E of the Consolidated and
1.106. Act, 2015, to prohibit the Federal Further Continuing Appropriations Act,
Dated: November 20, 2015. Government from entering into a 2015 (Pub. L. 113–235) and section 523
William Clark, contract with any corporation having a of Division B of the same act.
Director, Office of Government-wide delinquent Federal tax liability or a
Acquisition Policy, Office of Acquisition felony conviction under any Federal A. Representation
Policy, Office of Government-wide Policy. law, unless the agency has considered This rule requires that all offerors
Federal Acquisition Circular (FAC) suspension or debarment of the responding to Federal solicitations make
2005–85 is issued under the authority of corporation and has made a a representation regarding whether the
the Secretary of Defense, the determination that this further action is offeror is a corporation with a
Administrator of General Services, and not necessary to protect the interests of delinquent tax liability or a felony
the Government.
wgreen on DSK2VPTVN1PROD with RULES2

the Administrator for the National conviction under Federal law, as
Aeronautics and Space Administration. DATES: Effective date: February 26, 2016. required by sections 744 and 745 of
Unless otherwise specified, all Comment date: Interested parties Division E of the Consolidated and
Federal Acquisition Regulation (FAR) should submit written comments to the Further Continuing Appropriations Act,
and other directive material contained Regulatory Secretariat on or before 2015 (Pub. L. 113–235) (and similar
in FAC 2005–85 is effective December 4, February 2, 2016 to be considered in the provisions in subsequent appropriations
2015 except for item I and III which are formation of the final rule. acts).

VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 E:\FR\FM\04DER2.SGM 04DER2

Document Created: 2015-12-14 13:52:29
Document Modified: 2015-12-14 13:52:29

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 interim and 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 2005-85 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 75901

80 FR 75901 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-85; Introduction

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 233 (December 4, 2015)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION