80_FR_76151 80 FR 75918 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-85; Small Entity Compliance Guide

80 FR 75918 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-85; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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

Page Range75918-75920
FR Document2015-30463

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) 2005-85, 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 2005-85, which precedes this document. These documents are also 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 75918-75920]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-30463]


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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. 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-85; 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 the rules 
appearing in Federal Acquisition Circular (FAC) 2005-85, 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 2005-85, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: December 4, 2015.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-85 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 2005-85
----------------------------------------------------------------------------------------------------------------
                  Item                               Subject                 FAR Case             Analyst
----------------------------------------------------------------------------------------------------------------
* I....................................  Prohibition on Contracting With        2015-011  Davis.
                                          Corporations With Delinquent
                                          Taxes or a Felony Conviction
                                          (Interim).

[[Page 75919]]

 
* 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 for        2015-003  Loeb.
                                          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)

    This interim rule amends the Federal Acquisition Regulation 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)

    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 Federal Acquisition Regulation (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.

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

    This final rule amends the Federal Acquisition Regulation (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.


[[Page 75920]]


    Dated: November 20, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2015-30463 Filed 12-3-15; 8:45 am]
 BILLING CODE 6820-EP-P

75918 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations Minimum Wages Under Executive Order (xi) 52.222–55, Minimum Wages under 1.106 [Amended] 13658 (DEC 2015) Executive Order 13658 (DEC 2015). ■ 2. Amend section 1.106 in the table * * * * * * * * * * following the introductory text by [FR Doc. 2015–30461 Filed 12–3–15; 8:45 am] adding in numerical sequence ‘‘52.244– (b) Executive Order minimum wage rate. * * * BILLING CODE 6820–EP–P 2’’ and its corresponding OMB Control Number ‘‘9000–0149’’. (2) The Contractor shall adjust the [FR Doc. 2015–30462 Filed 12–3–15; 8:45 am] minimum wage paid, if necessary, DEPARTMENT OF DEFENSE BILLING CODE 6820–EP–P beginning January 1, 2016, and annually thereafter, to meet the applicable annual GENERAL SERVICES E.O. minimum wage. The Administrator ADMINISTRATION DEPARTMENT OF DEFENSE of the Department of Labor’s Wage and Hour Division (the Administrator) will NATIONAL AERONAUTICS AND SPACE ADMINISTRATION GENERAL SERVICES publish annual determinations in the ADMINISTRATION Federal Register no later than 90 days 48 CFR Part 1 before the effective date of the new E.O. NATIONAL AERONAUTICS AND minimum wage rate. The Administrator [FAC 2005–85; Item VII; Docket No. 2015– SPACE ADMINISTRATION will also publish the applicable E.O. 0052; Sequence No. 4] minimum wage on www.wdol.gov (or 48 CFR Chapter 1 any successor Web site), and a general Federal Acquisition Regulation; Technical Amendment notice on all wage determinations [Docket No. FAR 2015–0051, Sequence No. issued under the Service Contract Labor AGENCY: Department of Defense (DoD), 5] Standards statute or the Wage Rate General Services Administration (GSA), Requirements (Construction) statute, and National Aeronautics and Space Federal Acquisition Regulation; that will provide information on the Administration (NASA). Federal Acquisition Circular 2005–85; E.O. minimum wage and how to obtain ACTION: Final rule. Small Entity Compliance Guide annual updates. The applicable SUMMARY: This document makes an AGENCY: Department of Defense (DoD), published E.O. minimum wage is amendment to the Federal Acquisition General Services Administration (GSA), incorporated by reference into this and National Aeronautics and Space contract. Regulation (FAR) in order to make an editorial change. Administration (NASA). (3)(i) The Contractor may request a DATES: Effective: December 4, 2015. ACTION: Small Entity Compliance Guide. price adjustment only after the effective FOR FURTHER INFORMATION CONTACT: The date of the new annual E.O. minimum Regulatory Secretariat Division (MVCB), SUMMARY: This document is issued wage determination. Prices will be 1800 F Street NW., 2nd Floor, under the joint authority of DOD, GSA, adjusted only for increased labor costs Washington, DC 20405, 202–501–4755, and NASA. This Small Entity (including subcontractor labor costs) as for information pertaining to status or Compliance Guide has been prepared in a result of an increase in the annual E.O. publication schedules. Please cite FAC accordance with section 212 of the minimum wage, and for associated labor 2005–85, Technical Amendments. Small Business Regulatory Enforcement costs (including those for Fairness Act of 1996. It consists of a SUPPLEMENTARY INFORMATION: In order to subcontractors). Associated labor costs update a certain element in 48 CFR part summary of the rules appearing in shall include increases or decreases that 1 this document makes an editorial Federal Acquisition Circular (FAC) result from changes in social security change to the FAR. 2005–85, which amends the Federal and unemployment taxes and workers’ Acquisition Regulation (FAR). An compensation insurance, but will not List of Subject in 48 CFR Part 1 asterisk (*) next to a rule indicates that otherwise include any amount for Government procurement. a regulatory flexibility analysis has been general and administrative costs, prepared. Interested parties may obtain Dated: November 20, 2015. overhead, or profit. further information regarding these William Clark, rules by referring to FAC 2005–85, * * * * * Director, Office of Government-wide which precedes this document. These 7. Amend 52.244–6 by revising the Acquisition Policy, Office of Acquisition ■ documents are also available via the Policy, Office of Government-wide Policy. date of the clause and paragraph Internet at http://www.regulations.gov. (c)(1)(xi) to read as follows: Therefore, DoD, GSA, and NASA DATES: December 4, 2015. amend 48 CFR part 1 as set forth below: 52.244–6 Subcontracts for Commercial FOR FURTHER INFORMATION CONTACT: For Items. PART 1—FEDERAL ACQUISITION clarification of content, contact the * * * * * REGULATIONS SYSTEM analyst whose name appears in the table below. Please cite FAC 2005–85 and the Subcontracts for Commercial Items (DEC ■ 1. The authority citation for 48 CFR FAR case number. For information 2015) part 1 continues to read as follows: pertaining to status or publication * * * * * Authority: 40 U.S.C. 121(c); 10 U.S.C. schedules, contact the Regulatory (c)(1) * * * chapter 137; and 51 U.S.C. 20113. Secretariat at 202–501–4755. wgreen on DSK2VPTVN1PROD with RULES2 RULES LISTED IN FAC 2005–85 Item Subject FAR Case Analyst * I ................................ Prohibition on Contracting With Corporations With Delinquent Taxes or a Felony Convic- 2015–011 Davis. tion (Interim). VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00018 Fmt 4701 Sfmt 4700 E:\FR\FM\04DER2.SGM 04DER2

Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations 75919 RULES LISTED IN FAC 2005–85—Continued Item Subject FAR Case Analyst * 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: established by E.O. 11246. There is no This rule has no significant impact on Summaries for each FAR rule follow. significant impact on small entities. small business concerns. For the actual revisions and/or Item III—Updating Federal Contractor Item V—Retention Periods (FAR Case amendments made by these rules, refer Reporting of Veterans’ Employment 2015–009) to the specific item numbers and (FAR Case 2015–036) subjects set forth in the documents This final rule amends the Federal following these item summaries. FAC DoD, GSA, and NASA are issuing an Acquisition Regulation (FAR) by 2005–85 amends the FAR as follows: interim rule amending the FAR to updating the Government file retention Item I—Prohibition on Contracting implement a final rule issued by the periods to conform with the retention With Corporations With Delinquent Department of Labor’s Veterans’ periods in the National Archives and Taxes or a Felony Conviction (FAR Employment and Training Service Records Administration (NARA) Case 2015–011) (VETS) that revised the regulations at 41 General Records Schedule (GRS). CFR part 61 implementing the reporting Language is also added to instruct This interim rule amends the Federal requirements under the Vietnam Era agencies that require a shorter retention Acquisition Regulation to implement Veterans’ Readjustment Assistance Act, period for certain records to request sections of the Consolidated and Further as amended (VEVRAA) and the Jobs for approval from NARA through the Continuing Appropriations Act, 2015, to Veterans Act (JVA) (Pub. L. 107–288). agency’s record officer. This rule change prohibit the Federal Government from VEVRAA requires Federal contractors does not place any new requirements on entering into a contract with any and subcontractors to annually report small entities; the only change is the corporation having a delinquent Federal on the total number of their employees timeframe for retention by the tax liability or a felony conviction under who belong to the categories of veterans Government of Government records. any Federal law, unless an agency has protected under VEVRAA, as amended considered suspension or debarment of Item VI—Establishing a Minimum by the JVA, and the total number of the corporation and has made a Wage for Contractors (FAR Case 2015– those protected veterans who were hired determination that this further action is 003) during the period covered by the report. not necessary to protect the interests of The VETS rule requires contractors and DoD, GSA, and NASA are issuing a the Government. subcontractors to comply with its final rule adopting the interim rule This interim rule has no significant revised reporting requirements using the published December 15, 2014, with impact on the Government and new Form VETS–4212, in lieu of the change. The interim rule amended the contractors, including small business VETS–100 and VETS–100A, beginning FAR to implement Executive Order entities. with the annual report filed in 2015. 13658 and a Department of Labor final Item II—Further Amendments to Equal There is no significant impact on rule issued on October 7, 2014, both Employment Opportunity (FAR Case small entities imposed by the FAR rule. entitled ‘‘Establishing a Minimum Wage 2015–013) for Contractors,’’ which established a Item IV—Pilot Program for DoD, GSA, and NASA are issuing a new minimum wage for covered service Enhancement of Contractor Employee final rule adopting an interim rule and construction contracts of $10.10 per Whistleblower Protections (FAR Case published April 10, 2015, without hour, as of January 1, 2015. The 2013–015) change. The interim rule amended the Executive Order minimum wage will be FAR to implement Executive Order This final rule amends the Federal adjusted annually, by the Department of (E.O.) 13672, entitled ‘‘Further Acquisition Regulation (FAR) to Labor. Contracting officers will include Amendments to Executive Order 11478, implement a statutory pilot program a clause in covered contracts and will Equal Employment Opportunity in the enhancing whistleblower protections for adjust contract prices for the annual Federal Government, and Executive contractor employees at FAR subpart adjustments in the Executive Order Order 11246, Equal Employment 3.9. An interim rule was published minimum wage. Contractors shall Opportunity’’. E.O. 13672 was signed September 30, 2013. The interim rule consider any subcontractor request, July 21, 2014. created a new FAR section 3.908 to be including requests by small businesses E.O. 11246, dated September 24, used by title 41 agencies through subcontractors, for a subcontract price 1965, established requirements for non- January 1, 2017. adjustment due to the annual discriminatory practices in hiring and The four-year pilot program is adjustment in the Executive Order minimum wage. wgreen on DSK2VPTVN1PROD with RULES2 employment for Federal contractors and mandated by section 828, entitled ‘‘Pilot subcontractors. The bases of Program for Enhancement of Contractor There is no significant impact on discrimination prohibited by E.O. 11246 Employee Whistleblower Protections,’’ small entities imposed by the FAR rule. are race, color, religion, sex, and of the National Defense Authorization Item VII—Technical Amendment national origin. E.O. 13672 adds sexual Act (NDAA) for Fiscal Year (FY) 2013 orientation and gender identity to the (Pub. L. 112–239, enacted January 2, Editorial change is made at FAR prohibited bases of discrimination 2013). 1.106. VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00019 Fmt 4701 Sfmt 4700 E:\FR\FM\04DER2.SGM 04DER2

75920 Federal Register / Vol. 80, No. 233 / Friday, December 4, 2015 / Rules and Regulations Dated: November 20, 2015. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. [FR Doc. 2015–30463 Filed 12–3–15; 8:45 am] BILLING CODE 6820–EP–P wgreen on DSK2VPTVN1PROD with RULES2 VerDate Sep<11>2014 15:22 Dec 03, 2015 Jkt 238001 PO 00000 Frm 00020 Fmt 4701 Sfmt 9990 E:\FR\FM\04DER2.SGM 04DER2


Document Created: 2015-12-14 13:52:29
Document Modified: 2015-12-14 13:52:29
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionSmall Entity Compliance Guide.
DatesDecember 4, 2015.
ContactFor clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-85 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202- 501-4755.
FR Citation80 FR 75918 
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