81 FR 83103 - Federal Acquisition Regulation; Technical Amendments
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 81, Issue 223 (November 18, 2016)
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
Federal Register Volume 81, Issue 223 (November 18, 2016)
| Page Range | 83103-83104 | |
| FR Document | 2016-27688 |
[Federal Register Volume 81, Number 223 (Friday, November 18, 2016)] [Rules and Regulations] [Pages 83103-83104] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-27688] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2, 7, 19, 34, 42, and 52 [FAC 2005-92; Item III; Docket No. 2016-0052; Sequence No. 5] Federal Acquisition Regulation; Technical Amendments AGENCY: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial changes. DATES: Effective: November 18, 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 2005-92, Technical Amendments. SUPPLEMENTARY INFORMATION: In order to update certain elements in 48 CFR parts 2, 7, 19, 34, 42, and 52 this document makes editorial changes to the FAR. List of Subjects in 48 CFR Parts 2, 7, 19, 34, 42, and 52 Government procurement. Dated: November 10, 2016. William F. 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 2, 7, 19, 34, 42, and 52 as set forth below: 0 1. The authority citation for 48 CFR parts 2, 7, and 19 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 2--DEFINITIONS OF WORDS AND TERMS 0 2. Amend section 2.101, in paragraph (b)(2) by revising the definition ``Earned value management system'' to read as follows: 2.101 Definitions. * * * * * (b) * * * (2) * * * Earned value management system means a project management tool that effectively integrates the project scope of work with cost, schedule and performance elements for optimum project planning and control. The qualities and operating characteristics of an earned value management system are described in Electronic Industries Alliance Standard 748 (EIA-748), Earned Value Management Systems. (See OMB Circular A-11, Part 7.) * * * * * PART 7--ACQUISITION PLANNING 7.105 [Amended] 0 3. Amend section 7.105 by removing from paragraph (b)(11) ``American National Standards Institute/Electronics Industries Alliance (ANSI/EIA) Standard-748, Earned Value Management Systems'' and adding ``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place. PART 19--SMALL BUSINESS PROGRAMS 0 4. Revise section 19.1506 to read as follows: 19.1506 Women-Owned Small Business Program sole source awards. (a) A contracting officer shall consider a contract award to an EDWOSB concern on a sole source basis (see 6.302-5(b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions at 19.1504 apply and-- (1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are underrepresented in Federal procurement; (2) The contracting officer does not have a reasonable expectation that offers would be received from two or more EDWOSB concerns; and (3) The conditions in paragraph (c) of this section exist. (b) A contracting officer shall consider a contract award to a WOSB concern (including EDWOSB concerns) eligible under the WOSB Program on a sole source basis (see 6.302-5(b)(7)) before considering small business set-asides (see 19.203 and subpart 19.5) provided none of the exclusions at 19.1504 apply and-- (1) The acquisition is assigned a NAICS code in which SBA has determined that WOSB concerns are substantially underrepresented in Federal procurement; (2) The contracting officer does not have a reasonable expectation that offers would be received from two or more WOSB concerns (including EDWOSB concerns); and (3) The conditions in paragraph (c) of this section exist. (c)(1) The anticipated award price of the contract, including options, will not exceed-- (i) $6.5 million for a requirement within the NAICS codes for manufacturing; or (ii) $4 million for a requirement within any other NAICS codes. (2) The EDWOSB concern or WOSB concern has been determined to be a responsible contractor with respect to performance. (3) The award can be made at a fair and reasonable price. (d) The SBA has the right to appeal the contracting officer's decision not to make a sole source award to either an EDWOSB concern or WOSB concern eligible under the WOSB program. PART 34--MAJOR SYSTEM ACQUISITION 0 5. The authority citation for 48 CFR part 34 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. Subpart 34.0 [Amended] 0 6. Remove the heading of subpart 34.0. 34.005-2 [Amended] 0 7. Amend section 34.005-2 by removing from paragraph (b)(6) ``ANSI/EIA Standard--748'' and adding ``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place. 34.201 [Amended] 0 8. Amend section 34.201 by removing from paragraph (b) ``American National Standards Institute/Electronics Industries Alliance (ANSI/EIA) Standard--748, Earned Value Management Systems'' and adding ``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place. 34.203 [Amended] 0 9. Amend section 34.203 by-- 0 a. Removing from paragraph (a) ``Notice of Earned Value Management System--Pre-Award IBR'' and adding ``Notice of Earned Value Management System--Preaward Integrated Baseline Review'' in its place; and 0 b. Removing from paragraph (b) ``Notice of Earned Value Management System--Post-Award IBR'' and adding ``Notice of Earned Value Management System--Postaward Integrated Baseline Review'' in its place. [[Page 83104]] PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES 0 10. The authority citation for 48 CFR part 42 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 42.709 [Redesignated as Section 42.709-0] 0 11. Section 42.709 is redesignated as section 42.709-0, and a new section 42.709 is added to read as follows: 42.709 Penalties for Unallowable Costs. * * * * * PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 0 12. The authority citation for 48 CFR part 52 continues to read as follows: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. 0 13. Amend section 52.234-2 by-- 0 a. Revising the section and provision headings; 0 b. Removing from paragraph (a) ``ANSI/EIA Standard--748'' and adding ``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place; and 0 c. Removing from paragraph (b)(4) ``ANSI/EIA Standard--748'' and adding ``EIA-748'' in its place. The revisions read as follows: 52.234-2 Notice of Earned Value Management System--Preaward Integrated Baseline Review. * * * * * Notice of Earned Value Management System--Preaward Integrated Baseline Review NOV 2016 * * * * * 0 14. Amend section 52.234-3 by-- 0 a. Revising the section and provision headings; 0 b. Removing from paragraph (a) ``ANSI/EIA Standard--748'' and adding ``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place; and 0 c. Removing from paragraph (b)(4) ``ANSI/EIA Standard--748'' and adding ``EIA-748'' in its place. The revisions read as follows: 52.234-3 Notice of Earned Value Management System--Postaward Integrated Baseline Review. * * * * * Notice of Earned Value Management System--Postaward Integrated Baseline Review NOV 2016 * * * * * 0 15. Amend section 52.234-4 by-- 0 a. Revising the date of the clause; 0 b. Removing from paragraph (a) ``ANSI/EIA Standard--748'' and adding ``Electronic Industries Alliance Standard 748 (EIA-748)'' in its place; and 0 c. Removing from paragraph (b) introductory text ``ANSI/EIA Standard-- 748'' and adding ``EIA-748'' in its place. The revision reads as follows: 52.234-4 Earned Value Management System. * * * * * Earned Value Management System NOV 2016 * * * * * [FR Doc. 2016-27688 Filed 11-17-16; 8:45 am] BILLING CODE 6820-EP-P
![Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations 83103
[FR Doc. 2016–27684 Filed 11–17–16; 8:45 am] (b) * * * would be received from two or more
BILLING CODE 6820–EP–C (2) * * * WOSB concerns (including EDWOSB
Earned value management system concerns); and
means a project management tool that (3) The conditions in paragraph (c) of
DEPARTMENT OF DEFENSE effectively integrates the project scope this section exist.
of work with cost, schedule and (c)(1) The anticipated award price of
GENERAL SERVICES performance elements for optimum the contract, including options, will not
ADMINISTRATION project planning and control. The exceed—
qualities and operating characteristics of (i) $6.5 million for a requirement
NATIONAL AERONAUTICS AND an earned value management system are within the NAICS codes for
SPACE ADMINISTRATION described in Electronic Industries manufacturing; or
Alliance Standard 748 (EIA–748), (ii) $4 million for a requirement
48 CFR Parts 2, 7, 19, 34, 42, and 52 Earned Value Management Systems. within any other NAICS codes.
[FAC 2005–92; Item III; Docket No. 2016–
(See OMB Circular A–11, Part 7.) (2) The EDWOSB concern or WOSB
0052; Sequence No. 5] * * * * * concern has been determined to be a
responsible contractor with respect to
Federal Acquisition Regulation; PART 7—ACQUISITION PLANNING performance.
Technical Amendments 7.105 [Amended] (3) The award can be made at a fair
and reasonable price.
AGENCY: Department of Defense (DoD), ■ 3. Amend section 7.105 by removing (d) The SBA has the right to appeal
General Services Administration (GSA), from paragraph (b)(11) ‘‘American the contracting officer’s decision not to
and National Aeronautics and Space National Standards Institute/Electronics make a sole source award to either an
Administration (NASA). Industries Alliance (ANSI/EIA) EDWOSB concern or WOSB concern
ACTION: Final rule. Standard–748, Earned Value eligible under the WOSB program.
Management Systems’’ and adding
SUMMARY: This document makes ‘‘Electronic Industries Alliance PART 34—MAJOR SYSTEM
amendments to the Federal Acquisition Standard 748 (EIA–748)’’ in its place. ACQUISITION
Regulation (FAR) in order to make
editorial changes. PART 19—SMALL BUSINESS ■ 5. The authority citation for 48 CFR
DATES: Effective: November 18, 2016. PROGRAMS part 34 is revised to read as follows:
FOR FURTHER INFORMATION CONTACT: Ms. ■ 4. Revise section 19.1506 to read as Authority: 40 U.S.C. 121(c); 10 U.S.C.
Hada Flowers, Regulatory Secretariat chapter 137; and 51 U.S.C. 20113.
follows:
Division (MVCB), 1800 F Street NW.,
2nd Floor, Washington, DC 20405, 202– 19.1506 Women-Owned Small Business Subpart 34.0 [Amended]
501–4755. Please cite FAC 2005–92, Program sole source awards.
(a) A contracting officer shall consider ■ 6. Remove the heading of subpart
Technical Amendments.
a contract award to an EDWOSB 34.0.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts concern on a sole source basis (see 34.005–2 [Amended]
2, 7, 19, 34, 42, and 52 this document 6.302–5(b)(7)) before considering small
business set-asides (see 19.203 and ■ 7. Amend section 34.005–2 by
makes editorial changes to the FAR. removing from paragraph (b)(6) ‘‘ANSI/
subpart 19.5) provided none of the
List of Subjects in 48 CFR Parts 2, 7, 19, exclusions at 19.1504 apply and— EIA Standard—748’’ and adding
34, 42, and 52 (1) The acquisition is assigned a ‘‘Electronic Industries Alliance
NAICS code in which SBA has Standard 748 (EIA–748)’’ in its place.
Government procurement.
determined that WOSB concerns are 34.201 [Amended]
Dated: November 10, 2016.
underrepresented in Federal
William F. Clark, procurement; ■ 8. Amend section 34.201 by removing
Director, Office of Government-wide (2) The contracting officer does not from paragraph (b) ‘‘American National
Acquisition Policy, Office of Acquisition have a reasonable expectation that offers Standards Institute/Electronics
Policy, Office of Government-wide Policy. would be received from two or more Industries Alliance (ANSI/EIA)
Therefore, DoD, GSA, and NASA EDWOSB concerns; and Standard—748, Earned Value
amend 48 CFR parts 2, 7, 19, 34, 42, and (3) The conditions in paragraph (c) of Management Systems’’ and adding
52 as set forth below: this section exist. ‘‘Electronic Industries Alliance
■ 1. The authority citation for 48 CFR (b) A contracting officer shall consider Standard 748 (EIA–748)’’ in its place.
parts 2, 7, and 19 continues to read as a contract award to a WOSB concern
34.203 [Amended]
follow: (including EDWOSB concerns) eligible
under the WOSB Program on a sole ■ 9. Amend section 34.203 by—
Authority: 40 U.S.C. 121(c); 10 U.S.C. ■ a. Removing from paragraph (a)
source basis (see 6.302–5(b)(7)) before
chapter 137; and 51 U.S.C. 20113. ‘‘Notice of Earned Value Management
considering small business set-asides
PART 2—DEFINITIONS OF WORDS (see 19.203 and subpart 19.5) provided System—Pre-Award IBR’’ and adding
AND TERMS none of the exclusions at 19.1504 apply ‘‘Notice of Earned Value Management
and— System—Preaward Integrated Baseline
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■ 2. Amend section 2.101, in paragraph (1) The acquisition is assigned a Review’’ in its place; and
(b)(2) by revising the definition ‘‘Earned NAICS code in which SBA has ■ b. Removing from paragraph (b)
value management system’’ to read as determined that WOSB concerns are ‘‘Notice of Earned Value Management
follows: substantially underrepresented in System—Post-Award IBR’’ and adding
Federal procurement; ‘‘Notice of Earned Value Management
2.101 Definitions. (2) The contracting officer does not System—Postaward Integrated Baseline
* * * * * have a reasonable expectation that offers Review’’ in its place.
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![83104 Federal Register / Vol. 81, No. 223 / Friday, November 18, 2016 / Rules and Regulations
PART 42—CONTRACT ‘‘Electronic Industries Alliance DEPARTMENT OF DEFENSE
ADMINISTRATION AND AUDIT Standard 748 (EIA–748)’’ in its place;
SERVICES and GENERAL SERVICES
ADMINISTRATION
■ c. Removing from paragraph (b)(4)
■ 10. The authority citation for 48 CFR
part 42 continues to read as follows: ‘‘ANSI/EIA Standard—748’’ and adding
NATIONAL AERONAUTICS AND
‘‘EIA–748’’ in its place. SPACE ADMINISTRATION
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113. The revisions read as follows:
48 CFR Chapter 1
42.709 [Redesignated as Section 42.709–0] 52.234–3 Notice of Earned Value
Management System—Postaward [Docket No. FAR 2016–0051, Sequence No.
■ 11. Section 42.709 is redesignated as Integrated Baseline Review. 6]
section 42.709–0, and a new section
42.709 is added to read as follows: * * * * *
Federal Acquisition Regulation;
42.709 Penalties for Unallowable Costs. Notice of Earned Value Management Federal Acquisition Circular 2005–92;
System—Postaward Integrated Baseline Small Entity Compliance Guide
* * * * *
Review NOV 2016
AGENCY: Department of Defense (DoD),
PART 52—SOLICITATION PROVISIONS * * * * * General Services Administration (GSA),
AND CONTRACT CLAUSES and National Aeronautics and Space
■ 15. Amend section 52.234–4 by—
Administration (NASA).
■ 12. The authority citation for 48 CFR ■ a. Revising the date of the clause;
part 52 continues to read as follows: ACTION: Small Entity Compliance Guide.
■ b. Removing from paragraph (a)
Authority: 40 U.S.C. 121(c); 10 U.S.C. ‘‘ANSI/EIA Standard—748’’ and adding SUMMARY: This document is issued
chapter 137; and 51 U.S.C. 20113. under the joint authority of DOD, GSA,
‘‘Electronic Industries Alliance
■ 13. Amend section 52.234–2 by— Standard 748 (EIA–748)’’ in its place; and NASA. This Small Entity
■ a. Revising the section and provision and Compliance Guide has been prepared in
headings; accordance with section 212 of the
■ b. Removing from paragraph (a) ■ c. Removing from paragraph (b) Small Business Regulatory Enforcement
‘‘ANSI/EIA Standard—748’’ and adding introductory text ‘‘ANSI/EIA Standard— Fairness Act of 1996. It consists of a
‘‘Electronic Industries Alliance 748’’ and adding ‘‘EIA–748’’ in its place. summary of the rules appearing in
Standard 748 (EIA–748)’’ in its place; The revision reads as follows: Federal Acquisition Circular (FAC)
and 2005–92, which amends the Federal
■ c. Removing from paragraph (b)(4) 52.234–4 Earned Value Management Acquisition Regulation (FAR). An
‘‘ANSI/EIA Standard—748’’ and adding System. asterisk (*) next to a rule indicates that
‘‘EIA–748’’ in its place. * * * * * a regulatory flexibility analysis has been
The revisions read as follows: prepared. Interested parties may obtain
Earned Value Management System NOV further information regarding these
52.234–2 Notice of Earned Value 2016
Management System—Preaward Integrated rules by referring to FAC 2005–92,
Baseline Review. * * * * * which precedes this document. These
[FR Doc. 2016–27688 Filed 11–17–16; 8:45 am] documents are also available via the
* * * * *
BILLING CODE 6820–EP–P Internet at http://www.regulations.gov.
Notice of Earned Value Management DATES: November 18, 2016.
System—Preaward Integrated Baseline FOR FURTHER INFORMATION CONTACT: For
Review NOV 2016 clarification of content, contact the
* * * * * analyst whose name appears in the table
■ 14. Amend section 52.234–3 by— below. Please cite FAC 2005–92 and the
■ a. Revising the section and provision FAR case number. For information
headings; pertaining to status or publication
■ b. Removing from paragraph (a) schedules, contact the Regulatory
‘‘ANSI/EIA Standard—748’’ and adding Secretariat Division at 202–501–4755.
RULES LISTED IN FAC 2005–92
Item Subject FAR case Analyst
* I ....................... Public Disclosure of Greenhouse Gas Emissions and Reduction Goals—Representation .... 2015–024 Gray.
* II ...................... Removal of Regulations Relating to Telegraphic Communication .......................................... 2015–035 Francis.
III ....................... Technical Amendments.
SUPPLEMENTARY INFORMATION: Item I—Public Disclosure of greenhouse gas emissions and
mstockstill on DSK3G9T082PROD with RULES6
Summaries for each FAR rule follow. Greenhouse Gas Emissions and greenhouse gas emission reduction goals
For the actual revisions and/or Reduction Goals—Representation (FAR or targets. This representation is
amendments made by these rules, refer Case 2015–024) optional for contractors that received
to the specific item numbers and This final rule amends the FAR to less than $7.5 million in contract
subjects set forth in the documents establish an annual representation awards from the Government during the
following these item summaries. FAC requirement to indicate whether or not previous Federal fiscal year. The
2005–92 amends the FAR as follows: and where contractors publicly disclose information obtained from these
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Document Created: 2018-02-14 08:32:13
Document Modified: 2018-02-14 08:32:13
| 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: November 18, 2016. | |
| Contact | Ms. Hada Flowers, Regulatory Secretariat Division (MVCB), 1800 F Street NW., 2nd Floor, Washington, DC 20405, 202-501-4755. Please cite FAC 2005-92, Technical Amendments. | |
| FR Citation | 81 FR 83103 | |
| CFR Citation | 48
CFR
19 48 CFR 2 48 CFR 34 48 CFR 42 48 CFR 52 48 CFR 7 |
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