80_FR_82147 80 FR 81896 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-86; Small Entity Compliance Guide

80 FR 81896 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-86; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 251 (December 31, 2015)

Page Range81896-81897
FR Document2015-32431

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) 2005-86, 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 2005-86, which precedes this document. These documents are also available via the Internet at http:// www.regulations.gov.

Federal Register, Volume 80 Issue 251 (Thursday, December 31, 2015)
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Rules and Regulations]
[Pages 81896-81897]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32431]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2015-0051, Sequence No. 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-86; 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.

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

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) 2005-86, 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 2005-86, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: December 31, 2015.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-86 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

[[Page 81897]]



                       Rules Listed in FAC 2005-86
------------------------------------------------------------------------
         Item                Subject         FAR case        Analyst
------------------------------------------------------------------------
*I....................  Definition of         2015-019  Uddowla.
                         ``Multiple-Award
                         Contract''.
*II...................  Sole Source           2015-032  Uddowla.
                         Contracts for
                         Women-Owned
                         Small Businesses
                         (Interim).
III...................  New Designated        2015-034  Davis.
                         Countries--Monte
                         negro and New
                         Zealand.
IV....................  Trade Agreements      2016-001  Davis.
                         Thresholds.
------------------------------------------------------------------------


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 2005-86 amends the FAR as follows:

Item I--Definition of ``Multiple-Award Contract'' (FAR Case 2015-019)

    This rule amends the FAR to define ``multiple-award contract.'' 
This rule implements the definition established by the Small Business 
Administration (SBA) in its final rule that published in the Federal 
Register at 78 FR 61114 on October 2, 2013. SBA's final rule implements 
the statutory definition of the term from section 1311 of the Small 
Business Jobs Act of 2010, Pub. L. 111-240.
    This final rule does not place any new requirements on small 
entities.

Item II--Sole Source Contracts for Women-Owned Small Businesses (FAR 
Case 2015-032) (Interim)

    This interim rule amends the FAR to implement regulatory changes 
made by the Small Business Administration (SBA) in its final rule as 
published in the Federal Register at 80 FR 55019, on September 14, 
2015. SBA's final rule implements the statutory requirements of 
paragraph (a)(3) of section 825 of the Carl Levin and Howard P. `Buck' 
McKeon National Defense Authorization Act for Fiscal Year 2015, Public 
Law 113-291, which grants contracting officers the authority to award 
sole source contracts to economically disadvantaged women-owned small 
business (EDWOSB) concerns and to women-owned small business (WOSB) 
concerns eligible under the WOSB Program. The anticipated price, 
including options, must not exceed $6.5 million for manufacturing NAICS 
codes, or $4 million for other NAICS codes.
    This interim rule may have a positive economic impact on women-
owned small businesses.

Item III--New Designated Countries--Montenegro and New Zealand (FAR 
Case 2015-034)

    This final rule amends the FAR to add Montenegro and New Zealand as 
new designated countries under the World Trade Organization Government 
Procurement Agreement (WTO GPA). The rule also updates the list of 
parties to the Agreement on Trade in Civil Aircraft by adding 
Montenegro.
    This final rule has no significant impact on the Government and 
contractors, including small business entities.

Item IV--Trade Agreements Thresholds (FAR Case 2016-001)

    This final rule amends the FAR to adjust the thresholds for 
application of the World Trade Organization Government Procurement 
Agreement and the Free Trade Agreements as determined by the United 
States Trade Representative, according to a pre-determined formula 
under the agreements.

    Dated: December 17, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2015-32431 Filed 12-30-15; 8:45 am]
BILLING CODE 6820-EP-P



                                             81896              Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations

                                                                                                                                                       Supply                        Service                                 Construction
                                                                              Trade agreement                                                         contract                       contract                                   contract
                                                                                                                                              (equal to or exceeding)        (equal to or exceeding)                    (equal to or exceeding)

                                             Israeli Trade Act ..........................................................................                          50,000   ........................................   ........................................



                                             25.603       [Amended]                                                 paragraph (e)(2) ‘‘contractor’’ and                             DEPARTMENT OF DEFENSE
                                             ■ 5. Amend section 25.603 by removing                                  adding ‘‘Contractor’’ in its place to read
                                             from paragraph (c)(1) ‘‘$7,864,000’’ and                               as follows:                                                     GENERAL SERVICES
                                             adding ‘‘$7,358,000’’ in its place.                                                                                                    ADMINISTRATION
                                                                                                                    52.212–5 Contract Terms and Conditions
                                                                                                                    Required To Implement Statutes or
                                             25.1101       [Amended]                                                                                                                NATIONAL AERONAUTICS AND
                                                                                                                    Executive Orders—Commercial Items.
                                             ■  6. Amend section 25.1101 by—                                        *        *        *        *       *                            SPACE ADMINISTRATION
                                             ■  a. Removing from paragraph
                                             (b)(1)(i)(A) ‘‘$204,000’’ and adding                                   Contract Terms and Conditions                                   48 CFR Chapter 1
                                             ‘‘$191,000’’ in its place;                                             Required To Implement Statutes or
                                             ■ b. Removing from paragraphs                                          Executive Orders—Commercial Items
                                                                                                                                                                                    [Docket No. FAR 2015–0051, Sequence No.
                                             (b)(1)(iii), (b)(1)(iv), (b)(2)(iii), and                              (JAN 2016)
                                                                                                                                                                                    6]
                                             (b)(2)(iv) ‘‘$79,507’’ and adding                                      *        *        *        *       *
                                             ‘‘$77,533’’ in their places;                                             (b) * * *                                                     Federal Acquisition Regulation;
                                             ■ c. Removing from paragraph (c)(1)                                      ll(26) 52.222–19, Child Labor—                                Federal Acquisition Circular 2005–86;
                                             ‘‘$204,000’’ and adding ‘‘$191,000’’ in                                Cooperation with Authorities and Remedies
                                                                                                                                                                                    Small Entity Compliance Guide
                                             its place; and                                                         (JAN 2016) (E.O. 13126).
                                             ■ d. Removing from paragraph (d)                                       *        *        *        *       *                            AGENCY: Department of Defense (DoD),
                                             ‘‘statute’’ and ‘‘$204,000’’ and adding                                                                                                General Services Administration (GSA),
                                             ‘‘Statute’’ and ‘‘$191,000’’ in their                                  ■ 10. Amend section 52.213–4 by
                                                                                                                    revising the date of the clause and                             and National Aeronautics and Space
                                             places, respectively.                                                                                                                  Administration (NASA).
                                                                                                                    paragraph (b)(1)(ii) to read as follows:
                                             25.1102       [Amended]                                                                                                                ACTION:        Small Entity Compliance Guide.
                                                                                                                    52.213–4 Terms and Conditions—
                                             ■  7. Amend section 25.1102 by—                                        Simplified Acquisitions (Other Than
                                             ■  a. Removing from the introductory                                   Commercial Items).                                              SUMMARY:   This document is issued
                                             texts of paragraphs (a) and (c)                                        *        *        *        *       *                            under the joint authority of DOD, GSA,
                                             ‘‘$7,864,000’’ and adding ‘‘$7,358,000’’                                                                                               and NASA. This Small Entity
                                             in their place; and                                                    Terms and Conditions—Simplified
                                                                                                                    Acquisition (Other Than Commercial                              Compliance Guide has been prepared in
                                             ■ b. Removing from paragraphs (c)(3)
                                                                                                                    Items) (JAN 2016)                                               accordance with section 212 of the
                                             and (d)(3) ‘‘$7,864,000’’ and                                                                                                          Small Business Regulatory Enforcement
                                             ‘‘$10,335,931’’ and adding ‘‘$7,358,000’’                              *        *        *        *       *                            Fairness Act of 1996. It consists of a
                                             and ‘‘$10,079,365’’ in their places,                                     (b) * * *
                                                                                                                      (1) * * *                                                     summary of the rules appearing in
                                             respectively.
                                                                                                                      (ii) 52.222–19, Child Labor—Cooperation                       Federal Acquisition Circular (FAC)
                                             PART 52—SOLICITATION PROVISIONS                                        with Authorities and Remedies (JAN 2016)                        2005–86, which amends the Federal
                                             AND CONTRACT CLAUSES                                                   (E.O. 13126). (Applies to contracts for                         Acquisition Regulation (FAR). An
                                                                                                                    supplies exceeding the micro-purchase                           asterisk (*) next to a rule indicates that
                                             ■ 8. Revise section 52.204–8 by—                                       threshold.)
                                                                                                                                                                                    a regulatory flexibility analysis has been
                                             ■ a. Revising the date of the provision;                               *        *        *        *       *                            prepared. Interested parties may obtain
                                             ■ b. Removing from paragraphs                                                                                                          further information regarding these
                                                                                                                    ■  11. Amend section 52.222–19 by—
                                             (c)(1)(xvii)(C) and (D) ‘‘$79,507’’ and                                ■  a. Revising the date of the clause;                          rules by referring to FAC 2005–86,
                                             adding ‘‘$77,533’’ in their places; and                                ■  b. Removing from paragraph (a)(3)                            which precedes this document. These
                                             ■ c. Removing from the introductory
                                                                                                                    ‘‘$79,507’’ and adding ‘‘$77,533’’ in its                       documents are also available via the
                                             text of paragraph (c)(2) ‘‘certifications’’                            place; and
                                             and adding ‘‘representations or                                                                                                        Internet at http://www.regulations.gov.
                                                                                                                    ■ c. Removing from paragraph (a)(4)
                                             certifications’’ in its place.                                         ‘‘$204,000’’ and adding ‘‘$191,000’’ in                         DATES:       December 31, 2015.
                                                The revision reads as follows:                                      its place.                                                      FOR FURTHER INFORMATION CONTACT:      For
                                             52.204–8 Annual Representations and                                       The revision reads as follows:                               clarification of content, contact the
                                             Certifications.                                                        52.222–19 Child Labor—Cooperation with                          analyst whose name appears in the table
                                             *        *        *        *        *                                  Authorities and Remedies.                                       below. Please cite FAC 2005–86 and the
                                             Annual Representations and                                             *        *        *        *       *                            FAR case number. For information
                                             Certifications (JAN 2016)                                                                                                              pertaining to status or publication
                                                                                                                    Child Labor—Cooperation with
                                                                                                                                                                                    schedules, contact the Regulatory
                                             *     *    *     *     *                                               Authorities and Remedies (JAN 2016)
                                                                                                                                                                                    Secretariat at 202–501–4755.
                                             ■ 9. Amend section 52.212–5 by                                         *        *        *        *       *
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                                             revising the date of the clause and                                    [FR Doc. 2015–32430 Filed 12–30–15; 8:45 am]
                                             paragraph (b)(26) and removing from                                    BILLING CODE 6820–EP–P




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                                                                  Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations                                                                       81897

                                                                                                                          RULES LISTED IN FAC 2005–86
                                                      Item                                                                              Subject                                                                    FAR case      Analyst

                                             *I .......................    Definition of ‘‘Multiple-Award Contract’’ ...........................................................................................    2015–019   Uddowla.
                                             *II ......................    Sole Source Contracts for Women-Owned Small Businesses (Interim) .........................................                               2015–032   Uddowla.
                                             III .......................   New Designated Countries—Montenegro and New Zealand ..........................................................                           2015–034   Davis.
                                             IV ......................     Trade Agreements Thresholds .........................................................................................................    2016–001   Davis.



                                             SUPPLEMENTARY INFORMATION:                                             the Small Business Administration                                   designated countries under the World
                                             Summaries for each FAR rule follow.                                    (SBA) in its final rule as published in                             Trade Organization Government
                                             For the actual revisions and/or                                        the Federal Register at 80 FR 55019, on                             Procurement Agreement (WTO GPA).
                                             amendments made by these rules, refer                                  September 14, 2015. SBA’s final rule                                The rule also updates the list of parties
                                             to the specific item numbers and                                       implements the statutory requirements                               to the Agreement on Trade in Civil
                                             subjects set forth in the documents                                    of paragraph (a)(3) of section 825 of the                           Aircraft by adding Montenegro.
                                             following these item summaries. FAC                                    Carl Levin and Howard P. ‘Buck’                                       This final rule has no significant
                                             2005–86 amends the FAR as follows:                                     McKeon National Defense Authorization                               impact on the Government and
                                             Item I—Definition of ‘‘Multiple-Award                                  Act for Fiscal Year 2015, Public Law                                contractors, including small business
                                             Contract’’ (FAR Case 2015–019)                                         113–291, which grants contracting                                   entities.
                                                                                                                    officers the authority to award sole
                                                This rule amends the FAR to define                                                                                                      Item IV—Trade Agreements Thresholds
                                                                                                                    source contracts to economically
                                             ‘‘multiple-award contract.’’ This rule                                                                                                     (FAR Case 2016–001)
                                                                                                                    disadvantaged women-owned small
                                             implements the definition established                                  business (EDWOSB) concerns and to                                     This final rule amends the FAR to
                                             by the Small Business Administration                                   women-owned small business (WOSB)                                   adjust the thresholds for application of
                                             (SBA) in its final rule that published in                              concerns eligible under the WOSB                                    the World Trade Organization
                                             the Federal Register at 78 FR 61114 on                                 Program. The anticipated price,                                     Government Procurement Agreement
                                             October 2, 2013. SBA’s final rule                                      including options, must not exceed $6.5                             and the Free Trade Agreements as
                                             implements the statutory definition of                                 million for manufacturing NAICS codes,                              determined by the United States Trade
                                             the term from section 1311 of the Small                                or $4 million for other NAICS codes.                                Representative, according to a pre-
                                             Business Jobs Act of 2010, Pub. L. 111–                                                                                                    determined formula under the
                                                                                                                      This interim rule may have a positive
                                             240.                                                                                                                                       agreements.
                                                This final rule does not place any new                              economic impact on women-owned
                                             requirements on small entities.                                        small businesses.                                                     Dated: December 17, 2015.
                                                                                                                                                                                        William Clark,
                                             Item II—Sole Source Contracts for                                      Item III—New Designated Countries—
                                                                                                                    Montenegro and New Zealand (FAR                                     Director, Office of Government-wide
                                             Women-Owned Small Businesses (FAR                                                                                                          Acquisition Policy, Office of Acquisition
                                             Case 2015–032) (Interim)                                               Case 2015–034)
                                                                                                                                                                                        Policy, Office of Government-wide Policy.
                                                This interim rule amends the FAR to                                  This final rule amends the FAR to add                              [FR Doc. 2015–32431 Filed 12–30–15; 8:45 am]
                                             implement regulatory changes made by                                   Montenegro and New Zealand as new                                   BILLING CODE 6820–EP–P
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Document Created: 2015-12-31 02:15:11
Document Modified: 2015-12-31 02:15:11
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 31, 2015.
ContactFor clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-86 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at 202- 501-4755.
FR Citation80 FR 81896 

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