81 FR 93489 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-93; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 81, Issue 244 (December 20, 2016)

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) 2005-94, 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 2005-94, which precedes this document. These documents are also available via the Internet at http:// www.regulations.gov.

[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Page 93489]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-30222]



[[Page 93489]]

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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. 8]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-93; 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) 2005-94, 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 2005-94, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: December 20, 2016.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-94 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat Division 
at 202-501-4755.

                                           Rules Listed in FAC 2005-94
----------------------------------------------------------------------------------------------------------------
                 Item                          Subject             FAR Case                  Analyst
----------------------------------------------------------------------------------------------------------------
* I..................................  Privacy Training.......        2010-013  Gray.
* II.................................  Payment of                     2014-004  Glover.
                                        Subcontractors.
----------------------------------------------------------------------------------------------------------------


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 2005-94 amends the FAR as follows:

Item I--Privacy Training (FAR Case 2010-013)

    This final rule amends the Federal Acquisition Regulation to 
clarify the training requirements for contractors whose employees will 
have access to a system of records on individuals or handle personally 
identifiable information. These training requirements are consistent 
with the Privacy Act of 1974, 5 U.S.C. 552a, and OMB Circular A-130, 
Managing Federal Information as a Strategic Resource. Prime contractors 
are required to flow down these requirements to all applicable 
subcontracts.

Item II--Payment of Subcontractors (FAR Case 2014-004)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
implement section 1334 of the Small Business Jobs Act of 2010 and the 
Small Business Administration's (SBA) final rule, published July 16, 
2013. If a contract requires a subcontracting plan, the prime 
contractor must notify the contracting officer in writing if the prime 
contractor pays a reduced payment to a small business subcontractor, or 
an untimely payment if the payment to a small business subcontractor is 
more than 90 days past due for supplies or services for which the 
Government has paid the contractor. The contractor is also to include 
the reason for the reduction in payment or failure to pay. A 
contracting officer will then use his or her best judgment in 
determining whether the reduced or untimely payments were justified. 
The contracting officer must record the identity of a prime contractor 
with a history of three or more unjustified reduced or untimely 
payments to subcontractors within a 12-month period under a single 
contract, in the Federal Awardee Performance and Integrity Information 
System (FAPIIS). This regulation will benefit small business 
subcontractors by encouraging large business prime contractors to pay 
small business subcontractors in a timely manner and at the agreed upon 
contractual price.

    Dated: December 9, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2016-30222 Filed 12-19-16; 8:45 am]
 BILLING CODE 6820-EP-P