81_FR_93733 81 FR 93489 - Federal Acquisition Regulation; Federal Acquisition Circular 2005-93; Small Entity Compliance Guide

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)

Page Range93489-93489
FR Document2016-30222

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 Issue 244 (Tuesday, December 20, 2016) 
[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.

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

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

Federal Register / Vol. 81, No. 244 / Tuesday, December 20, 2016 / Rules and Regulations 93489 DEPARTMENT OF DEFENSE and National Aeronautics and Space further information regarding these Administration (NASA). rules by referring to FAC 2005–94, GENERAL SERVICES ACTION: Small Entity Compliance Guide. which precedes this document. These ADMINISTRATION documents are also available via the SUMMARY: This document is issued Internet at http://www.regulations.gov. NATIONAL AERONAUTICS AND under the joint authority of DOD, GSA, SPACE ADMINISTRATION and NASA. This Small Entity DATES: December 20, 2016. Compliance Guide has been prepared in FOR FURTHER INFORMATION CONTACT: For 48 CFR Chapter 1 accordance with section 212 of the clarification of content, contact the Small Business Regulatory Enforcement [Docket No. FAR 2016–0051, Sequence No. analyst whose name appears in the table Fairness Act of 1996. It consists of a 8] below. Please cite FAC 2005–94 and the summary of the rules appearing in Federal Acquisition Circular (FAC) FAR case number. For information Federal Acquisition Regulation; pertaining to status or publication Federal Acquisition Circular 2005–93; 2005–94, which amends the Federal Acquisition Regulation (FAR). An schedules, contact the Regulatory Small Entity Compliance Guide Secretariat Division at 202–501–4755. asterisk (*) next to a rule indicates that AGENCY: Department of Defense (DoD), a regulatory flexibility analysis has been General Services Administration (GSA), prepared. Interested parties may obtain RULES LISTED IN FAC 2005–94 Item Subject FAR Case Analyst * I ................................................... Privacy Training ................................................................................... 2010–013 Gray. * II .................................................. Payment of Subcontractors ................................................................. 2014–004 Glover. SUPPLEMENTARY INFORMATION: Item II—Payment of Subcontractors contracting officer must record the Summaries for each FAR rule follow. (FAR Case 2014–004) identity of a prime contractor with a For the actual revisions and/or This final rule amends the Federal history of three or more unjustified amendments made by these rules, refer Acquisition Regulation (FAR) to reduced or untimely payments to to the specific item numbers and implement section 1334 of the Small subcontractors within a 12-month subjects set forth in the documents Business Jobs Act of 2010 and the Small period under a single contract, in the following these item summaries. FAC Business Administration’s (SBA) final Federal Awardee Performance and 2005–94 amends the FAR as follows: rule, published July 16, 2013. If a Integrity Information System (FAPIIS). Item I—Privacy Training (FAR Case contract requires a subcontracting plan, This regulation will benefit small 2010–013) the prime contractor must notify the business subcontractors by encouraging contracting officer in writing if the large business prime contractors to pay This final rule amends the Federal prime contractor pays a reduced small business subcontractors in a Acquisition Regulation to clarify the payment to a small business timely manner and at the agreed upon training requirements for contractors subcontractor, or an untimely payment contractual price. whose employees will have access to a if the payment to a small business system of records on individuals or Dated: December 9, 2016. subcontractor is more than 90 days past handle personally identifiable William F. Clark, due for supplies or services for which information. These training Director, Office of Government-wide the Government has paid the contractor. requirements are consistent with the Acquisition Policy, Office of Acquisition The contractor is also to include the Privacy Act of 1974, 5 U.S.C. 552a, and Policy, Office of Government-wide Policy. reason for the reduction in payment or OMB Circular A–130, Managing Federal [FR Doc. 2016–30222 Filed 12–19–16; 8:45 am] failure to pay. A contracting officer will Information as a Strategic Resource. then use his or her best judgment in BILLING CODE 6820–EP–P Prime contractors are required to flow determining whether the reduced or down these requirements to all untimely payments were justified. The applicable subcontracts. mstockstill on DSK3G9T082PROD with RULES6 VerDate Sep<11>2014 21:59 Dec 19, 2016 Jkt 241001 PO 00000 Frm 00015 Fmt 4701 Sfmt 9990 E:\FR\FM\20DER6.SGM 20DER6


Document Created: 2018-02-14 09:10:02
Document Modified: 2018-02-14 09:10:02
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 20, 2016.
ContactFor 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.
FR Citation81 FR 93489 
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