81 FR 30449 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-88; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 94 (May 16, 2016)

Page Range		30449-30450
FR Document		2016-11005

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) 2005-88, 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 2005-88, which precedes this document. These documents are also available via the Internet at http:// www.regulations.gov.

Federal Register, Volume 81 Issue 94 (Monday, May 16, 2016)

[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30449-30450]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2016-11005]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2016-0051, Sequence No. 2]

Federal Acquisition Regulation; Federal Acquisition Circular
2005-88; 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) 2005-88, 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 2005-88, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.

DATES: May 16, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-88 and the FAR case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat Division
at 202-501-4755.

[[Page 30450]]

Rules Listed in FAC
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
* I.............................. High Global Warming 2014-026 Gray.
Potential
Hydrofluorocarbons.
* II............................. Simplified Acquisition 2015-020 Francis.
Threshold for Overseas
Acquisitions in Support of
Humanitarian or
Peacekeeping Operations.
* III............................ Basic Safeguarding of 2011-020 Davis.
Contractor Information
Systems.
* IV............................. Improvement in Design-Build 2015-018 Glover.
Construction Process.
* V.............................. Technical Amendments........
----------------------------------------------------------------------------------------------------------------

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments made by these rules, refer to the
specific item numbers and subjects set forth in the documents following
these item summaries. FAC 2005-88 amends the FAR as follows:

Item I--High Global Warming Potential Hydrofluorocarbons (FAR Case
2014-026)

This final rule implements Executive branch policy in the
President's Climate Action Plan to procure, when feasible, alternatives
to high global warming potential-hydrofluorocarbons (HFCs). The rule
also requires contractors to report annually the amount of HFCs
contained in equipment delivered to the Government or added or taken
out of Government equipment under service contracts. This will allow
agencies to better meet the greenhouse gas emission reduction goals and
reporting requirements of the Executive Order 13693 on Planning for
Sustainability in the Next Decade. This rule applies to small entities
because about three-quarters of the affected contractors are small
businesses and precluding them would undermine the overall intent of
this policy. However, to minimize the impact this rule could have on
all businesses, especially small businesses, this rule only requires
tracking and reporting on equipment that normally contain 50 or more
pounds of HFCs. In addition, this rule does not impose a labeling
requirement for products that contain or are manufactured with HFCs,
unlike the labeling requirement that is required by statute for ozone-
depleting substances.

Item II--Simplified Acquisition Threshold for Overseas Acquisitions in
Support of Humanitarian or Peacekeeping Operations (FAR Case 2015-020)

This final rule amends the FAR to implement 41 U.S.C. 153, which
establishes a higher simplified acquisition threshold (SAT) for
overseas acquisitions in support of humanitarian or peacekeeping
operations. When FAR Case 2003-022 was published as a rule in 2004, the
definition for SAT at FAR 2.101 was changed, but the drafters of the
rule also inadvertently deleted the reference to overseas humanitarian
or peacekeeping missions and the requisite doubling of the SAT in those
circumstances. This rule reinstates the increased SAT for overseas
acquisitions for peacekeeping or humanitarian operations. Accordingly,
this rule provides contracting officers with more flexibility when
contracting in support of overseas humanitarian or peacekeeping
operations. This final rule does not place any new requirements on
small entities.

Item III--Basic Safeguarding of Contractor Information Systems (FAR
Case 2011-020)

This final rule amends the FAR to add a new FAR subpart 4.19 and
contract clause 52.204-21 for the basic safeguarding of covered
contractor information systems, i.e., that process, store, or transmit
Federal contract information. The clause does not relieve the
contractor of any other specific safeguarding requirement specified by
Federal agencies and departments as it relates to covered contractor
information systems generally or other Federal requirements for
safeguarding controlled unclassified information (CUI) as established
by Executive Order 13556. Systems that contain classified information,
or CUI such as personally identifiable information, require more than
the basic level of protection. This rule will not have a significant
economic impact on contractors (including small business concerns) or
the Government.

Item IV--Improvement in Design-Build Construction Process (FAR Case
2015-018)

This final rule revises the FAR to implement section 814 of the
Carl Levin and Howard P. `Buck' McKeon National Defense Authorization
Act for Fiscal Year 2015. When a two-phase design-build construction
acquisition is valued at greater than $4 million, section 814 requires
the head of the contracting activity to approve a contracting officer
determination to select more than five offerors to submit phase-two
proposals. The approval level is delegable no lower than the senior
contracting official within the contracting activity. This rule change
does not place any new requirements on small entities.

Item V--Technical Amendments

Editorial changes are made at FAR 1.106.

Dated: May 5, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2016-11005 Filed 5-13-16; 8:45 am]
BILLING CODE 6820-EP-P

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■ d. Removing FAR segment ‘‘14.214’’ 0130’’ and adding ‘‘9000–0024’’ in its ■ kk. Adding in numerical sequence,
and its corresponding OMB Control No. place; FAR segment ‘‘52.251–2’’ and its
‘‘9000–0105’’; ■ t. Removing from FAR segment corresponding OMB Control No. ‘‘9000–
■ e. Adding in numerical sequence, 52.225–6, the OMB Control No. ‘‘9000– 0032’’; and
FAR segment ‘‘22.5’’ and its 0025’’ and adding ‘‘9000–0024’’ in its ■ ll. Adding in numerical sequence,
corresponding OMB Control No. ‘‘9000– place; FAR segments ‘‘SF 294’’ and ‘‘SF 295’’
0175’’; ■ u. Removing from FAR segment
and their corresponding OMB Control
■ f. Removing from FAR segment 22.16, 52.225–9, the OMB Control No. ‘‘9000– Nos. ‘‘9000–0006’’ and ‘‘9000–0007’’,
the OMB Control No. ‘‘1215–0209’’ and 0141’’ and adding ‘‘9000–0024’’ in its respectively.
adding ‘‘1245–0004’’ in its place; place;
■ v. Adding in numerical sequence, [FR Doc. 2016–11004 Filed 5–13–16; 8:45 am]
■ g. Removing FAR segment ‘‘32’’ and
its corresponding OMB Control No. FAR segment ‘‘52.225–10’’ and its BILLING CODE 6820–EP–P

‘‘9000–0035’’; corresponding OMB Control No. ‘‘9000–
■ h. Adding in numerical sequence,
0024’’;
■ w. Removing from FAR segment DEPARTMENT OF DEFENSE
FAR segment ‘‘42.15’’ and its
52.225–11, the OMB Control No. ‘‘9000–
corresponding OMB Control No. ‘‘9000– GENERAL SERVICES
0141’’ and adding ‘‘9000–0024’’ in its
0142’’; ADMINISTRATION
place;
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segments ‘‘44.305’’ and ‘‘52.244–2(i)’’ FAR segment ‘‘52.225–12’’ and its NATIONAL AERONAUTICS AND
and their corresponding OMB Control corresponding OMB Control No. ‘‘9000– SPACE ADMINISTRATION
No. ‘‘9000–0132’’; 0024’’;
■ j. Removing from FAR segment ■ y. Removing from FAR segment 48 CFR Chapter 1
52.203–16, the OMB Control No. ‘‘9000– 52.225–21, the OMB Control No. ‘‘9000–
0181’’ and adding ‘‘9000–0183’’ in its 0141’’ and adding ‘‘9000–0024’’ in its [Docket No. FAR 2016–0051, Sequence
place; place; No. 2]
■ k. Adding in numerical sequence, ■ z. Removing from FAR segment
FAR segments ‘‘52.207–4’’, ‘‘52.209–1’’, 52.225–23, the OMB Control No. ‘‘9000– Federal Acquisition Regulation;
‘‘52.209–2’’, ‘‘52.209–5’’, ‘‘52.209–6’’, 0141’’ and adding ‘‘9000–0024’’ in its Federal Acquisition Circular 2005–88;
‘‘52.211–7’’, ‘‘52.212–3(h)’’, and place; Small Entity Compliance Guide
‘‘52.212–5’’, and their corresponding ■ aa. Adding in numerical sequence,
OMB Control Nos., ‘‘9000–0082’’, FAR segment ‘‘52.225–26’’ and its AGENCY: Department of Defense (DoD),
‘‘9000–0083’’, ‘‘9000–0190’’, ‘‘9000– corresponding OMB Control No. ‘‘9000– General Services Administration (GSA),
0094’’, ‘‘9000–0094’’, ‘‘9000–0153’’, 0184’’; and National Aeronautics and Space
‘‘9000–0094’’, and ‘‘9000–0034’’, ■ bb. Adding in numerical sequence, Administration (NASA).
respectively; FAR segments ‘‘52.227–11’’ and ACTION: Small Entity Compliance Guide.
■ l. Removing from FAR segment ‘‘52.227–13’’, and their corresponding
52.222–4, the OMB Control No. ‘‘1215– OMB Control No. ‘‘9000–0095’’; SUMMARY: This document is issued
0119’’ and adding ‘‘1235–0023’’ in its ■ cc. Removing from FAR segment
under the joint authority of DOD, GSA,
place; 52.232–5, the OMB Control No. ‘‘9000– and NASA. This Small Entity
■ m. Removing from FAR segment 0070’’ and adding ‘‘9000–0102’’ in its Compliance Guide has been prepared in
52.222–6, the OMB Control No. ‘‘1215– place; accordance with section 212 of the
0140’’ and adding ‘‘1235–0023’’ in its ■ dd. Adding in numerical sequence,
Small Business Regulatory Enforcement
place; FAR segments ‘‘52.232–33’’ and
Fairness Act of 1996. It consists of a
■ n. Removing FAR segment ‘‘55.222– ‘‘52.232–34’’ and their corresponding
summary of the rules appearing in
17’’ and its corresponding OMB Control OMB Control No. ‘‘9000–0144’’;
■ ee. Removing FAR segment ‘‘52.233–
Federal Acquisition Circular (FAC)
Nos. ‘‘1235–0007 and 1235–0025’’; 2005–88, which amends the Federal
■ o. Adding in numerical sequence,
7’’ and its corresponding OMB Control
No. ‘‘9000–0117’’; Acquisition Regulation (FAR). An
FAR segment ‘‘52.222–17’’ and its asterisk (*) next to a rule indicates that
■ ff. Removing from FAR segment
corresponding OMB Control Nos. a regulatory flexibility analysis has been
52.236–13, the OMB Control No. ‘‘1220–
‘‘1235–0007 and 1235–0025’’; prepared. Interested parties may obtain
0029 and’’;
■ p. Removing from FAR segment further information regarding these
■ gg. Adding in numerical sequence,
52.222–18, the OMB Control No. ‘‘9000– FAR segments ‘‘52.237–10’’ and rules by referring to FAC 2005–88,
0127’’ and adding ‘‘9000–0155’’ in its ‘‘52.242–13’’ and their corresponding which precedes this document. These
place; OMB Control Nos. ‘‘9000–0152’’ and documents are also available via the
■ q. Removing from FAR segment ‘‘9000–0108’’, respectively; Internet at http://www.regulations.gov.
52.222–40, the OMB Control No. ‘‘1215– ■ hh. Removing FAR segment ‘‘52.246–
0209’’ and adding ‘‘1245–0004’’ in its DATES: May 16, 2016.
10’’ and its corresponding OMB Control
place; No. ‘‘9000–0077’’; FOR FURTHER INFORMATION CONTACT: For
■ r. Adding in numerical sequence, FAR ■ ii. Adding in numerical sequence, clarification of content, contact the
segments ‘‘52.222–54’’ and ‘‘52.223–7’’, FAR segments ‘‘52.247–6’’ and ‘‘52.247– analyst whose name appears in the table
asabaliauskas on DSK3SPTVN1PROD with RULES

and their corresponding OMB Control 52’’ and their corresponding OMB below. Please cite FAC 2005–88 and the
Nos. ‘‘1615–0092’’ and ‘‘9000–0107’’, Control No. ‘‘9000–0061’’; FAR case number. For information
respectively; ■ jj. Removing FAR segment ‘‘52.249– pertaining to status or publication
■ s. Removing from FAR segment 11’’ and its corresponding OMB Control schedules, contact the Regulatory
52.225–4, the OMB Control No. ‘‘9000– No. ‘‘9000–0028’’; Secretariat Division at 202–501–4755.

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30450 Federal Register / Vol. 81, No. 94 / Monday, May 16, 2016 / Rules and Regulations

RULES LISTED IN FAC
Item Subject FAR Case Analyst

* I ....................... High Global Warming Potential Hydrofluorocarbons ............................................................... 2014–026 Gray.
* II ...................... Simplified Acquisition Threshold for Overseas Acquisitions in Support of Humanitarian or 2015–020 Francis.
Peacekeeping Operations.
* III ..................... Basic Safeguarding of Contractor Information Systems .......................................................... 2011–020 Davis.
* IV .................... Improvement in Design-Build Construction Process ............................................................... 2015–018 Glover.
* V ..................... Technical Amendments.

SUPPLEMENTARY INFORMATION: Item II—Simplified Acquisition information systems generally or other
Summaries for each FAR rule follow. Threshold for Overseas Acquisitions in Federal requirements for safeguarding
For the actual revisions and/or Support of Humanitarian or controlled unclassified information
amendments made by these rules, refer Peacekeeping Operations (FAR Case (CUI) as established by Executive Order
to the specific item numbers and 2015–020) 13556. Systems that contain classified
subjects set forth in the documents information, or CUI such as personally
This final rule amends the FAR to
following these item summaries. FAC identifiable information, require more
implement 41 U.S.C. 153, which
2005–88 amends the FAR as follows: than the basic level of protection. This
establishes a higher simplified
Item I—High Global Warming Potential rule will not have a significant
acquisition threshold (SAT) for overseas
Hydrofluorocarbons (FAR Case 2014– economic impact on contractors
acquisitions in support of humanitarian
026) (including small business concerns) or
or peacekeeping operations. When FAR
the Government.
This final rule implements Executive Case 2003–022 was published as a rule
branch policy in the President’s Climate in 2004, the definition for SAT at FAR Item IV—Improvement in Design-Build
Action Plan to procure, when feasible, 2.101 was changed, but the drafters of Construction Process (FAR Case 2015–
alternatives to high global warming the rule also inadvertently deleted the 018)
potential-hydrofluorocarbons (HFCs). reference to overseas humanitarian or
This final rule revises the FAR to
The rule also requires contractors to peacekeeping missions and the requisite
implement section 814 of the Carl Levin
report annually the amount of HFCs doubling of the SAT in those
and Howard P. ‘Buck’ McKeon National
contained in equipment delivered to the circumstances. This rule reinstates the
Defense Authorization Act for Fiscal
Government or added or taken out of increased SAT for overseas acquisitions
Year 2015. When a two-phase design-
Government equipment under service for peacekeeping or humanitarian
build construction acquisition is valued
contracts. This will allow agencies to operations. Accordingly, this rule
at greater than $4 million, section 814
better meet the greenhouse gas emission provides contracting officers with more
requires the head of the contracting
reduction goals and reporting flexibility when contracting in support
activity to approve a contracting officer
requirements of the Executive Order of overseas humanitarian or
determination to select more than five
13693 on Planning for Sustainability in peacekeeping operations. This final rule
offerors to submit phase-two proposals.
the Next Decade. This rule applies to does not place any new requirements on
The approval level is delegable no lower
small entities because about three- small entities.
than the senior contracting official
quarters of the affected contractors are Item III—Basic Safeguarding of within the contracting activity. This rule
small businesses and precluding them Contractor Information Systems (FAR change does not place any new
would undermine the overall intent of Case 2011–020) requirements on small entities.
this policy. However, to minimize the
impact this rule could have on all This final rule amends the FAR to add Item V—Technical Amendments
businesses, especially small businesses, a new FAR subpart 4.19 and contract
Editorial changes are made at FAR
this rule only requires tracking and clause 52.204–21 for the basic
1.106.
reporting on equipment that normally safeguarding of covered contractor
contain 50 or more pounds of HFCs. In information systems, i.e., that process, Dated: May 5, 2016.
addition, this rule does not impose a store, or transmit Federal contract William Clark,
labeling requirement for products that information. The clause does not relieve Director, Office of Government-wide
contain or are manufactured with HFCs, the contractor of any other specific Acquisition Policy, Office of Acquisition
unlike the labeling requirement that is safeguarding requirement specified by Policy, Office of Government-wide Policy.
required by statute for ozone-depleting Federal agencies and departments as it [FR Doc. 2016–11005 Filed 5–13–16; 8:45 am]
substances. relates to covered contractor BILLING CODE 6820–EP–P
asabaliauskas on DSK3SPTVN1PROD with RULES

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Document Created: 2016-05-14 01:17:19
Document Modified: 2016-05-14 01:17:19

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Rules and Regulations
Action		Small Entity Compliance Guide.
Dates		May 16, 2016.
Contact		For clarification of content, contact the analyst whose name appears in the table below. Please cite FAC 2005-88 and the FAR case number. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755.
FR Citation		81 FR 30449

81 FR 30449 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-88; Small Entity Compliance Guide

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 94 (May 16, 2016)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION