81 FR 11992 - Federal Acquisition Regulation; Technical Amendment
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 44 (March 7, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 44 (March 7, 2016)
| Page Range | 11992-11993 | |
| FR Document | 2016-04774 |
[Federal Register Volume 81, Number 44 (Monday, March 7, 2016)] [Rules and Regulations] [Pages 11992-11993] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-04774] [[Page 11992]] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 4, 22, 25, 36, and 52 [FAC 2005-87; Item II; Docket No. 2016-0052; Sequence No. 1] Federal Acquisition Regulation; Technical Amendment AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document makes an amendment to the Federal Acquisition Regulation (FAR) in order to make an editorial change. DATES: Effective: March 7, 2016. FOR FURTHER INFORMATION CONTACT: Ms. Hada Flowers, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-87, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 4, 22, 25, 36, and 52 this document makes editorial changes to the FAR. List of Subject in 48 CFR Parts 4, 22, 25, 36, and 52 Government procurement. Dated: February 29, 2016. William Clark, Director, Office of Government-wide Acquisition Policy, Office of Acquisition Policy, Office of Government-wide Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 4, 22, 25, 36, and 52 as set forth below: 0 1. The authority citation for 48 CFR parts 4, 22, 36, and 52 continues to read as follow: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 4--ADMINISTRATIVE MATTERS 4.1703 [Amended] 0 2. Amend section 4.1703 by removing from paragraph (a)(1) ``type and estimated total value of the orders issued under the contract'' and adding ``type and estimated total value of each order under the contract'' in its place. PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.1904 [Amended] 0 3. Amend section 22.1904 by removing from paragraph (b)(1) ``for subcontractors.'' and adding ``for subcontractors).'' in its place. PART 25--FOREIGN ACQUISITION 0 4. The authority citation for part 25 is revised to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 25.1102 [Amended] 0 5. Amend section 25.1102 by removing from paragraph (d)(3) ``use the clause'' and adding ``use the provision'' in its place. PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS 36.607 [Amended] 0 6. Amend section 36.607 by removing from paragraph (b) ``15.507(c).'' and adding ``and 15.507(c).'' in its place. PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 7. Amend section 52.212-3 by-- 0 a. Revising the date of the provision; 0 b. In paragraph (h), following paragraph (h)(3), removing paragraphs (i)(1) and (2); 0 c. Adding paragraphs (p) and (q); and 0 d. Removing from Alternate I, paragraphs (p) and (q). The revision and additions read as follows: 52.212-3 Offeror Representations and Certifications--Commercial Items. * * * * * Offeror Representations and Certifications--Commercial Items (MAR 2016) * * * * * (p) Ownership or Control of Offeror. (Applies in all solicitations when there is a requirement to be registered in SAM or a requirement to have a DUNS Number in the solicitation). (1) The Offeror represents that it [square] has or [square] does not have an immediate owner. If the Offeror has more than one immediate owner (such as a joint venture), then the Offeror shall respond to paragraph (2) and if applicable, paragraph (3) of this provision for each participant in the joint venture. (2) If the Offeror indicates ``has'' in paragraph (p)(1) of this provision, enter the following information: Immediate owner CAGE code: ____. Immediate owner legal name: ____. (Do not use a ``doing business as'' name) Is the immediate owner owned or controlled by another entity: [square] Yes or [square] No. (3) If the Offeror indicates ``yes'' in paragraph (p)(2) of this provision, indicating that the immediate owner is owned or controlled by another entity, then enter the following information: Highest-level owner CAGE code: ____. Highest-level owner legal name: ____. (Do not use a ``doing business as'' name) (q) Representation by Corporations Regarding Delinquent Tax Liability or a Felony Conviction under any Federal Law. (1) As required by sections 744 and 745 of Division E of the Consolidated and Further Continuing Appropriations Act, 2015 (Pub. L. 113-235), and similar provisions, if contained in subsequent appropriations acts, The Government will not enter into a contract with any corporation that-- (i) Has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of the unpaid tax liability, unless an agency has considered suspension or debarment of the corporation and made a determination that suspension or debarment is not necessary to protect the interests of the Government; or (ii) Was convicted of a felony criminal violation under any Federal law within the preceding 24 months, where the awarding agency is aware of the conviction, unless an agency has considered suspension or debarment of the corporation and made a determination that this action is not necessary to protect the interests of the Government. (2) The Offeror represents that-- (i) It is [ ] is not [ ] a corporation that has any unpaid Federal tax liability that has been assessed, for which all judicial and administrative remedies have been exhausted or have lapsed, and that is not being paid in a timely manner pursuant to an agreement with the authority responsible for collecting the tax liability; and (ii) It is [ ] is not [ ] a corporation that was convicted of a felony criminal violation under a Federal law within the preceding 24 months. * * * * * 0 8. Amend section 52.212-5 by: 0 a. Revising the date of the clause and paragraphs (c)(8) and (e)(1)(xv); and 0 b. In Alternate II, revising paragraph (e)(1)(ii)(N). The revisions read as follows: 52.212-5 Contract Terms and Conditions Required To Implement Statutes or Executive Orders--Commercial Items. * * * * * Contract Terms and Conditions Required To Implement Statutes or Executive Orders-Commercial Items (MAR 2016) * * * * * (c) * * * [[Page 11993]] (8) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016). * * * * * (e)(1) * * * (xv) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016). * * * * * Alternate II * * *(e)(1) * * * (ii) * * * (N) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016). * * * * * 0 9. Amend section 52.213-4 by revising the date of the clause and paragraph (b)(1)(ix) to read as follows: 52.213-4 Terms and Conditions--Simplified Acquisitions (Other than Commercial Items). * * * * * Terms and Conditions--Simplified Acquisitions (Other Than Commercial Items) (MAR 2016) * * * * * (b) * * * (1) * * * (ix) 52.222-55, Minimum Wages Under Executive Order 13658 (MAR 2016) (Applies when 52.222-6 or 52.222-41 are in the contract and performance in whole or in part is in the United States (the 50 States and the District of Columbia)). * * * * * [FR Doc. 2016-04774 Filed 3-4-16; 8:45 am] BILLING CODE 6820-EP-P
![11992 Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Rules and Regulations
DEPARTMENT OF DEFENSE PART 22—APPLICATION OF LABOR (3) If the Offeror indicates ‘‘yes’’ in
LAWS TO GOVERNMENT paragraph (p)(2) of this provision, indicating
GENERAL SERVICES ACQUISITIONS that the immediate owner is owned or
ADMINISTRATION controlled by another entity, then enter the
22.1904 [Amended] following information:
Highest-level owner CAGE code: llll.
NATIONAL AERONAUTICS AND ■ 3. Amend section 22.1904 by Highest-level owner legal name: llll.
SPACE ADMINISTRATION removing from paragraph (b)(1) ‘‘for (Do not use a ‘‘doing business as’’ name)
subcontractors.’’ and adding ‘‘for (q) Representation by Corporations
48 CFR Parts 4, 22, 25, 36, and 52 subcontractors).’’ in its place. Regarding Delinquent Tax Liability or a
Felony Conviction under any Federal Law. (1)
PART 25—FOREIGN ACQUISITION As required by sections 744 and 745 of
[FAC 2005–87; Item II; Docket No. 2016–
Division E of the Consolidated and Further
0052; Sequence No. 1] ■ 4. The authority citation for part 25 is Continuing Appropriations Act, 2015 (Pub. L.
revised to read as follows: 113–235), and similar provisions, if
Federal Acquisition Regulation; contained in subsequent appropriations acts,
Technical Amendment Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113. The Government will not enter into a
contract with any corporation that—
AGENCY: Department of Defense (DoD), 25.1102 [Amended] (i) Has any unpaid Federal tax liability that
General Services Administration (GSA), ■ 5. Amend section 25.1102 by has been assessed, for which all judicial and
and National Aeronautics and Space removing from paragraph (d)(3) ‘‘use the administrative remedies have been exhausted
Administration (NASA). or have lapsed, and that is not being paid in
clause’’ and adding ‘‘use the provision’’ a timely manner pursuant to an agreement
ACTION: Final rule. in its place. with the authority responsible for collecting
the tax liability, where the awarding agency
SUMMARY: This document makes an PART 36—CONSTRUCTION AND is aware of the unpaid tax liability, unless an
amendment to the Federal Acquisition ARCHITECT-ENGINEER CONTRACTS agency has considered suspension or
Regulation (FAR) in order to make an debarment of the corporation and made a
36.607 [Amended]
determination that suspension or debarment
editorial change.
■ 6. Amend section 36.607 by removing is not necessary to protect the interests of the
DATES: Effective: March 7, 2016. from paragraph (b) ‘‘15.507(c).’’ and Government; or
adding ‘‘and 15.507(c).’’ in its place. (ii) Was convicted of a felony criminal
FOR FURTHER INFORMATION CONTACT: Ms. violation under any Federal law within the
Hada Flowers, Regulatory Secretariat PART 52—SOLICITATION PROVISIONS preceding 24 months, where the awarding
Division (MVCB), 1800 F Street NW., AND CONTRACT CLAUSES agency is aware of the conviction, unless an
2nd Floor, Washington, DC 20405, 202– agency has considered suspension or
501–4755. Please cite FAC 2005–87, ■ 7. Amend section 52.212–3 by— debarment of the corporation and made a
Technical Amendments. ■ a. Revising the date of the provision; determination that this action is not
■ b. In paragraph (h), following necessary to protect the interests of the
SUPPLEMENTARY INFORMATION: In order to paragraph (h)(3), removing paragraphs Government.
update certain elements in 48 CFR parts (2) The Offeror represents that—
(i)(1) and (2);
4, 22, 25, 36, and 52 this document (i) It is [ ] is not [ ] a corporation that
■ c. Adding paragraphs (p) and (q); and
makes editorial changes to the FAR. has any unpaid Federal tax liability that has
■ d. Removing from Alternate I,
been assessed, for which all judicial and
List of Subject in 48 CFR Parts 4, 22, 25, paragraphs (p) and (q). administrative remedies have been exhausted
The revision and additions read as or have lapsed, and that is not being paid in
36, and 52
follows: a timely manner pursuant to an agreement
Government procurement. with the authority responsible for collecting
52.212–3 Offeror Representations and
the tax liability; and
Dated: February 29, 2016. Certifications—Commercial Items.
(ii) It is [ ] is not [ ] a corporation that
William Clark, * * * * * was convicted of a felony criminal violation
Director, Office of Government-wide under a Federal law within the preceding 24
Offeror Representations and
Acquisition Policy, Office of Acquisition months.
Certifications—Commercial Items
Policy, Office of Government-wide Policy. * * * * *
(MAR 2016)
Therefore, DoD, GSA, and NASA * * * * * ■ 8. Amend section 52.212–5 by:
amend 48 CFR parts 4, 22, 25, 36, and (p) Ownership or Control of Offeror. ■ a. Revising the date of the clause and
52 as set forth below: (Applies in all solicitations when there is a paragraphs (c)(8) and (e)(1)(xv); and
requirement to be registered in SAM or a
■ 1. The authority citation for 48 CFR requirement to have a DUNS Number in the ■ b. In Alternate II, revising paragraph
parts 4, 22, 36, and 52 continues to read solicitation). (e)(1)(ii)(N).
as follow: (1) The Offeror represents that it b has or
b does not have an immediate owner. If the The revisions read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. Offeror has more than one immediate owner
chapter 137; and 51 U.S.C. 20113. 52.212–5 Contract Terms and Conditions
(such as a joint venture), then the Offeror Required To Implement Statutes or
shall respond to paragraph (2) and if Executive Orders—Commercial Items.
PART 4—ADMINISTRATIVE MATTERS applicable, paragraph (3) of this provision for
each participant in the joint venture. * * * * *
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4.1703 [Amended] (2) If the Offeror indicates ‘‘has’’ in
paragraph (p)(1) of this provision, enter the
Contract Terms and Conditions
■ 2. Amend section 4.1703 by removing Required To Implement Statutes or
from paragraph (a)(1) ‘‘type and following information:
Immediate owner CAGE code: llll. Executive Orders-Commercial Items
estimated total value of the orders Immediate owner legal name: llll. (MAR 2016)
issued under the contract’’ and adding (Do not use a ‘‘doing business as’’ name)
‘‘type and estimated total value of each Is the immediate owner owned or
* * * * *
order under the contract’’ in its place. controlled by another entity: b Yes or b No. (c) * * *
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![Federal Register / Vol. 81, No. 44 / Monday, March 7, 2016 / Rules and Regulations 11993
(8) 52.222–55, Minimum Wages Under (ix) 52.222–55, Minimum Wages Under ACTION: Small Entity Compliance Guide.
Executive Order 13658 (MAR 2016). Executive Order 13658 (MAR 2016) (Applies
* * * * * when 52.222–6 or 52.222–41 are in the SUMMARY: This document is issued
contract and performance in whole or in part under the joint authority of DOD, GSA,
(e)(1) * * * is in the United States (the 50 States and the and NASA. This Small Entity
(xv) 52.222–55, Minimum Wages Under District of Columbia)). Compliance Guide has been prepared in
Executive Order 13658 (MAR 2016). * * * * * accordance with section 212 of the
* * * * * [FR Doc. 2016–04774 Filed 3–4–16; 8:45 am] Small Business Regulatory Enforcement
Alternate II BILLING CODE 6820–EP–P Fairness Act of 1996. It consists of a
summary of the rules appearing in
(e)(1) * * * Federal Acquisition Circular (FAC)
(ii) * * * DEPARTMENT OF DEFENSE 2005–87, which amends the Federal
(N) 52.222–55, Minimum Wages Under Acquisition Regulation (FAR). An
GENERAL SERVICES
Executive Order 13658 (MAR 2016). asterisk (*) next to a rule indicates that
ADMINISTRATION
* * * * * a regulatory flexibility analysis has been
prepared. Interested parties may obtain
■ 9. Amend section 52.213–4 by NATIONAL AERONAUTICS AND
further information regarding these
revising the date of the clause and SPACE ADMINISTRATION
rules by referring to FAC 2005–87,
paragraph (b)(1)(ix) to read as follows: which precedes this document. These
48 CFR Chapter 1
52.213–4 Terms and Conditions— documents are also available via the
Simplified Acquisitions (Other than [Docket No. FAR 2016–0051, Sequence Internet at http://www.regulations.gov.
Commercial Items). No. 1] DATES: March 7, 2016.
* * * * * FOR FURTHER INFORMATION CONTACT: For
Federal Acquisition Regulation;
Terms and Conditions—Simplified Federal Acquisition Circular 2005–87; clarification of content, contact the
Acquisitions (Other Than Commercial Small Entity Compliance Guide analyst whose name appears in the table
Items) (MAR 2016) below. Please cite FAC 2005–87 and the
AGENCY: Department of Defense (DoD), FAR case number. For information
* * * * * General Services Administration (GSA), pertaining to status or publication
(b) * * * and National Aeronautics and Space schedules, contact the Regulatory
(1) * * * Administration (NASA). Secretariat at 202–501–4755.
RULES LISTED IN FAC 2005–87
Item Subject FAR case Analyst
*I ........................ Information on Corporate Contractor Performance and Integrity ............................................ 2013–020 Davis.
II ........................ Technical Amendments.
SUPPLEMENTARY INFORMATION: Information System, to the extent 25.1102(d)(3), 36.607(b), 52.212–3(h),
Summaries for each FAR rule follow. practicable, identification of any 52.212–3(p) and (q), and (p) and (q) of
For the actual revisions and/or immediate owner or subsidiary, and all Alternate I, 52.212–5(c)(8), (e)(1)(xv),
amendments made by these rules, refer predecessors of an offeror that held a (e)(1)(ii)(N) of Alternate II, and 52.213–
to the specific item numbers and Federal contract or grant within the last 4(b)(1)(ix).
subjects set forth in the documents three years. The objective is to provide
Dated: February 29, 2016.
following these item summaries. FAC a more comprehensive understanding of
2005–87 amends the FAR as follows: the performance and integrity of the William Clark,
corporation before awarding a Federal Director, Office of Government-wide
Item I—Information on Corporate Acquisition Policy, Office of Acquisition
contract.
Contractor Performance and Integrity Policy, Office of Government-wide Policy.
This final rule will not have a
(FAR Case 2013–020)
significant economic impact on a [FR Doc. 2016–04775 Filed 3–4–16; 8:45 am]
This final rule amends the FAR to substantial number of small entities. BILLING CODE 6820–EP–P
implement a section of the National
Defense Authorization Act for Fiscal Item II—Technical Amendments
Year 2013 to include in the Federal Editorial changes are made at FAR
Awardee Performance and Integrity 4.1703(a)(1), 22.1904(b)(1),
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Document Created: 2018-02-02 15:08:01
Document Modified: 2018-02-02 15:08:01
| 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 | Final rule. | |
| Dates | Effective: March 7, 2016. | |
| Contact | Ms. Hada Flowers, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-87, Technical Amendments. | |
| FR Citation | 81 FR 11992 | |
| CFR Citation | 48
CFR
22 48 CFR 25 48 CFR 36 48 CFR 4 48 CFR 52 |
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