83 FR 48700 - Federal Acquisition Regulations: One Dollar Coins

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 187 (September 26, 2018)

Page Range		48700-48701
FR Document		2018-20709

DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to implement a section of the National Defense Authorization Act for Fiscal Year 2018 that provides an exception for business operations conducted by a contractor while performing under a Government contract from the requirement to accept and dispense $1 coins.

Federal Register, Volume 83 Issue 187 (Wednesday, September 26, 2018)

[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48700-48701]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-20709]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 37 and 52

[FAC 2005-101; FAR Case 2018-009; Item II; Docket No. 2018-0009; 
Sequence No. 1]
RIN 9000-AN70


Federal Acquisition Regulations: One Dollar Coins

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to implement a section of the 
National Defense Authorization Act for Fiscal Year 2018 that provides 
an exception for business operations conducted by a contractor while 
performing under a Government contract from the requirement to accept 
and dispense $1 coins.

DATES: Effective October 26, 2018.

FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement 
Analyst, at 202-501-1448 for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat Division at 202-501-4755. Please cite FAC 2005-101, FAR 
Case 2018-009.

SUPPLEMENTARY INFORMATION: 

[[Page 48701]]

I. Background

    In August of 2007, FAR 37.116 implemented section 104 of the 
Presidential $1 Coin Act of 2005 (31 U.S.C. 5112(p)(1); Pub. L. 109-
145), which removed barriers to the circulation of $1 coins. Section 
104 requires that business operations performed on Government premises 
provide for accepting and dispensing of existing and proposed $1 coins 
as part of operations on and after January 1, 2008. To implement this 
requirement, FAR clause 52.237-11, Accepting and Dispensing of $1 Coin, 
was created for inclusion in solicitations and contracts for services 
that involve business operations conducted in U.S. coins and currency 
on any premises owned by the U.S. or under the control of any agency or 
instrumentality of the U.S. The clause requires contractors to be 
capable of accepting and dispensing $1 coins as part of business 
operations under the contract.
    The Section 809 Panel is a congressionally mandated panel to 
streamline and improve the acquisition process by identifying and 
eliminating outdated acquisition provisions. As part of this process, 
the Section 809 Panel made recommendations to amend outdated 
acquisition laws. One of the Panel's recommendations was to amend the 
Presidential $1 Coin Act of 2005 because the intention of the Act was 
to increase circulation of the $1 coin, which is not directly related 
to agencies' missions. As a result of the Panel's recommendation, 
section 885 of the National Defense Authorization Act (NDAA) for Fiscal 
Year (FY) 2018 provides an exception for business operations conducted 
by a contractor while performing under a Government contract from the 
requirements to accept and dispense $1 coins.
    The FAR is amended as follows to implement section 885 of the NDAA 
for FY 2018:
    A. FAR sections 37.116 through 37.116-2 are removed.
    B. Paragraph (c)(11) is removed from the clause at FAR 52.212-5, 
Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items.
    C. The clause at FAR 52.237-11, Accepting and Dispensing of $1 
Coin, is removed.

II. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold (SAT) and for Commercial Items, Including Commercially 
Available Off-the-Shelf Items (COTS)

    The clause at FAR 52.237-11, Accepting and Dispensing of $1 Coin, 
is being removed. It applied to contracts at or below the SAT, and to 
commercial items, including COTS.

III. Publication of This Final Rule for Public Comment Is Not Required 
by Statute

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure, or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because it merely removes the requirement in the FAR for business 
operations performing Government contracts to accept and dispense $1 
coins. It does not have a significant effect on the public.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.

V. Executive Order 13771

    This rule is not subject to E.O. 13771, because this rule is not a 
significant regulatory action under E.O. 12866.

VI. Regulatory Flexibility Act

    Because a notice of proposed rulemaking and an opportunity for 
public comment are not required to be given for this rule under 41 
U.S.C. 1707(a)(1) (see section III of this preamble), the analytical 
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) 
are not applicable. Accordingly, no regulatory flexibility analysis is 
required and none has been prepared.

VII. Paperwork Reduction Act

    The rule does not contain any information collection requirements 
that require the approval of the Office of Management and Budget under 
the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 37 and 52

    Government procurement.

    Dated: September 17, 2018.
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 37 and 52 as set 
forth below:

0
1. The authority citation for parts 37 and 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

PART 37--SERVICE CONTRACTING


37.116   [Removed]

0
2. Remove section 37.116.


37.116-1   [Removed]

0
3. Remove section 37.116-1.


37.116-2   [Removed]

0
4. Remove section 37.116-2.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
5. Amend section 52.212-5 by revising the date of the clause and 
removing paragraph (c)(11)
    The revision reads 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 (Oct 2018)

* * * * *


52.237-11  [Removed]

0
6. Remove section 52.237-11.

[FR Doc. 2018-20709 Filed 9-25-18; 8:45 am]
 BILLING CODE 6820-EP-P

48700 Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations

52.212–5 Contract Terms and Conditions 52.213–4 Terms and Conditions— 52.244–6 Subcontracts for Commercial
Required To Implement Statutes or Simplified Acquisitions (Other Than Items.
Executive Orders—Commercial Items. Commercial Items). * * * * *
* * * * * * * * * *
Subcontracts for Commercial Items (Oct
Contract Terms and Conditions Terms and Conditions—Simplified 2018)
Required To Implement Statutes or Acquisitions (Other Than Commercial
Executive Orders—Commercial Items * * * * *
Items) (Oct 2018)
(c)(1) * * *
(Oct 2018)
(a) * * * (vi) 52.219–8, Utilization of Small
* * * * * (2) * * * Business Concerns (Oct 2018) (15 U.S.C.
(b) * * * (viii) 52.244–6, Subcontracts for 637(d)(2) and (3)), if the subcontract
* * * * * Commercial Items (Oct 2018). offers further subcontracting
ll(4) 52.204–10, Reporting * * * * * opportunities. If the subcontract (except
Executive Compensation and First-Tier (b) * * * subcontracts to small business concerns)
Subcontract Awards (Oct 2018) (Pub. L. exceeds $700,000 ($1.5 million for
(1) * * *
109–282) (31 U.S.C. 6101 note). construction of any public facility), the
(i) 52.204–10, Reporting Executive
* * * * * Compensation and First-Tier subcontractor must include 52.219–8 in
ll(9) 52.209–9, Updates of Publicly Subcontract Awards (Oct 2018) (Pub. L. lower tier subcontracts that offer
Available Information Regarding 109–282) (31 U.S.C. 6101 note) (Applies subcontracting opportunities.
Responsibility Matters (Oct 2018) (41 to contracts valued at $30,000 or more). * * * * *
U.S.C. 2313). [FR Doc. 2018–20706 Filed 9–25–18; 8:45 am]
* * * * *
* * * * * BILLING CODE 6820–EP–P
(xix) 52.232–33, Payment by
ll(16) 52.219–8, Utilization of
Electronic Funds Transfer—System for
Small Business Concerns (Oct 2018) (15
Award Management (Oct 2018) (Applies DEPARTMENT OF DEFENSE
U.S.C. 637(d)(2) and (3)).
when the payment will be made by
* * * * * electronic funds transfer (EFT) and the
ll(55) 52.232–33, Payment by GENERAL SERVICES
payment office uses the System for ADMINISTRATION
Electronic Funds Transfer—System for Award Management (SAM) as its source
Award Management (Oct 2018) (31 of EFT information).
U.S.C. 3332). NATIONAL AERONAUTICS AND
* * * * * SPACE ADMINISTRATION
* * * * *
■ 46. Amend section 52.219–8 by
(e)(1) * * *
(iv) 52.219–8, Utilization of Small revising the date of the clause and 48 CFR Parts 37 and 52
Business Concerns (Oct 2018) (15 U.S.C. removing from paragraph (d)(5) [FAC 2005–101; FAR Case 2018–009; Item
637(d)(2) and (3)), in all subcontracts introductory text ‘‘database’’. II; Docket No. 2018–0009; Sequence No. 1]
that offer further subcontracting The revision reads as follows:
RIN 9000–AN70
opportunities. If the subcontract (except 52.219–8 Utilization of Small Business
subcontracts to small business concerns) Concerns. Federal Acquisition Regulations: One
exceeds $700,000 ($1.5 million for * * * * * Dollar Coins
construction of any public facility), the
subcontractor must include 52.219–8 in Utilization of Small Business Concerns AGENCY: Department of Defense (DoD),
lower tier subcontracts that offer (Oct 2018) General Services Administration (GSA),
subcontracting opportunities. and National Aeronautics and Space
* * * * *
* * * * * Administration (NASA).
■ 47. Amend section 52.232–33 by—
Alternate II (Oct 2018). As prescribed ACTION: Final rule.
■ a. Revising the date of the clause;
in 12.301(b)(4)(ii), substitute the ■ b. Removing from paragraph (b) SUMMARY: DoD, GSA, and NASA are
following paragraphs (d)(1) and (e)(1) ‘‘(SAM) database’’ and ‘‘the SAM issuing a final rule amending the
for paragraphs (d)(1) and (e)(1) of the database’’ and adding ‘‘(SAM)’’ and Federal Acquisition Regulation (FAR) to
basic clause as follows: ‘‘SAM’’ in their places, respectively; implement a section of the National
* * * * * ■ c. Removing from paragraph (d) ‘‘the Defense Authorization Act for Fiscal
(e)(1) * * * SAM database’’ and adding ‘‘SAM’’ in Year 2018 that provides an exception for
(ii) * * * two places; and
(D) 52.219–8, Utilization of Small business operations conducted by a
■ d. Removing from paragraphs (g) and contractor while performing under a
Business Concerns (Oct 2018) (15 U.S.C. (i) ‘‘the SAM database’’ and adding
637(d)(2) and (3)), in all subcontracts Government contract from the
‘‘SAM’’ in their places, respectively. requirement to accept and dispense $1
that offer further subcontracting
The revision reads as follows: coins.
opportunities. If the subcontract (except
subcontracts to small business concerns) 52.232–33 Payment by Electronic Funds DATES: Effective October 26, 2018.
exceeds $700,000 ($1.5 million for Transfer-System for Award Management. FOR FURTHER INFORMATION CONTACT: Mr.
construction of any public facility), the * * * * * Curtis E. Glover, Sr., Procurement
subcontractor must include 52.219–8 in Analyst, at 202–501–1448 for
Payment by Electronic Funds Transfer-
daltland on DSKBBV9HB2PROD with RULES2

lower tier subcontracts that offer clarification of content. For information
subcontracting opportunities. System for Award Management (Oct pertaining to status or publication
2018) schedules, contact the Regulatory
* * * * *
■ 45. Amend section 52.213–4 by * * * * * Secretariat Division at 202–501–4755.
revising the date of the clause and ■ 48. Amend section 52.244–6 by Please cite FAC 2005–101, FAR Case
paragraphs (a)(2)(viii), (b)(1)(i), and revising the date of the clause and 2018–009.
(b)(1)(xix) to read as follows: paragraph (c)(1)(vi) to read as follows: SUPPLEMENTARY INFORMATION:

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Federal Register / Vol. 83, No. 187 / Wednesday, September 26, 2018 / Rules and Regulations 48701

I. Background being removed. It applied to contracts at analysis is required and none has been
In August of 2007, FAR 37.116 or below the SAT, and to commercial prepared.
implemented section 104 of the items, including COTS.
VII. Paperwork Reduction Act
Presidential $1 Coin Act of 2005 (31 III. Publication of This Final Rule for
U.S.C. 5112(p)(1); Pub. L. 109–145), Public Comment Is Not Required by The rule does not contain any
which removed barriers to the Statute information collection requirements that
circulation of $1 coins. Section 104 ‘‘Publication of proposed require the approval of the Office of
requires that business operations regulations’’, 41 U.S.C. 1707, is the Management and Budget under the
performed on Government premises statute which applies to the publication Paperwork Reduction Act (44 U.S.C.
provide for accepting and dispensing of of the Federal Acquisition Regulation. chapter 35).
existing and proposed $1 coins as part Paragraph (a)(1) of the statute requires
of operations on and after January 1, List of Subjects in 48 CFR Parts 37 and
that a procurement policy, regulation, 52
2008. To implement this requirement, procedure or form (including an
FAR clause 52.237–11, Accepting and amendment or modification thereof) Government procurement.
Dispensing of $1 Coin, was created for must be published for public comment
inclusion in solicitations and contracts Dated: September 17, 2018.
if it relates to the expenditure of
for services that involve business appropriated funds, and has either a William F. Clark,
operations conducted in U.S. coins and significant effect beyond the internal Director, Office of Government-wide
currency on any premises owned by the operating procedures of the agency Acquisition Policy, Office of Acquisition
U.S. or under the control of any agency issuing the policy, regulation, Policy, Office of Government-wide Policy.
or instrumentality of the U.S. The clause procedure, or form, or has a significant
requires contractors to be capable of Therefore, DoD, GSA, and NASA
cost or administrative impact on
accepting and dispensing $1 coins as amend 48 CFR parts 37 and 52 as set
contractors or offerors. This final rule is
part of business operations under the forth below:
not required to be published for public
contract. comment, because it merely removes the ■ 1. The authority citation for parts 37
The Section 809 Panel is a requirement in the FAR for business and 52 continues to read as follows:
congressionally mandated panel to operations performing Government
streamline and improve the acquisition Authority: 40 U.S.C. 121(c); 10 U.S.C.
contracts to accept and dispense $1 chapter 137; and 51 U.S.C. 20113
process by identifying and eliminating coins. It does not have a significant
outdated acquisition provisions. As part effect on the public.
of this process, the Section 809 Panel PART 37—SERVICE CONTRACTING
made recommendations to amend IV. Executive Orders 12866 and 13563
37.116 [Removed]
outdated acquisition laws. One of the Executive Orders (E.O.s) 12866 and
Panel’s recommendations was to amend 13563 direct agencies to assess all costs ■ 2. Remove section 37.116.
the Presidential $1 Coin Act of 2005 and benefits of available regulatory
because the intention of the Act was to 37.116–1 [Removed]
alternatives and, if regulation is
increase circulation of the $1 coin, necessary, to select regulatory ■ 3. Remove section 37.116–1.
which is not directly related to agencies’ approaches that maximize net benefits
missions. As a result of the Panel’s (including potential economic, 37.116–2 [Removed]
recommendation, section 885 of the environmental, public health and safety
National Defense Authorization Act effects, distributive impacts, and ■ 4. Remove section 37.116–2.
(NDAA) for Fiscal Year (FY) 2018 equity). E.O. 13563 emphasizes the
provides an exception for business importance of quantifying both costs PART 52—SOLICITATION PROVISIONS
operations conducted by a contractor and benefits, of reducing costs, of AND CONTRACT CLAUSES
while performing under a Government harmonizing rules, and of promoting
contract from the requirements to accept flexibility. This is not a significant ■ 5. Amend section 52.212–5 by
and dispense $1 coins. regulatory action and, therefore, was not revising the date of the clause and
The FAR is amended as follows to subject to review under section 6(b) of removing paragraph (c)(11)
implement section 885 of the NDAA for E.O. 12866, Regulatory Planning and The revision reads as follows:
FY 2018: Review, dated September 30, 1993. This
A. FAR sections 37.116 through rule is not a major rule under 5 U.S.C. 52.212–5 Contract Terms and Conditions
37.116–2 are removed. 804. Required To Implement Statutes or
B. Paragraph (c)(11) is removed from Executive Orders—Commercial Items.
the clause at FAR 52.212–5, Contract V. Executive Order 13771
* * * * *
Terms and Conditions Required To This rule is not subject to E.O. 13771,
Implement Statutes or Executive because this rule is not a significant Contract Terms and Conditions Required To
Orders—Commercial Items. regulatory action under E.O. 12866. Implement Statutes or Executive Orders—
C. The clause at FAR 52.237–11, Commercial Items (Oct 2018)
Accepting and Dispensing of $1 Coin, is VI. Regulatory Flexibility Act * * * * *
removed. Because a notice of proposed
rulemaking and an opportunity for 52.237–11 [Removed]
II. Applicability to Contracts at or
daltland on DSKBBV9HB2PROD with RULES2

public comment are not required to be ■ 6. Remove section 52.237–11.
Below the Simplified Acquisition given for this rule under 41 U.S.C.
Threshold (SAT) and for Commercial 1707(a)(1) (see section III of this [FR Doc. 2018–20709 Filed 9–25–18; 8:45 am]
Items, Including Commercially preamble), the analytical requirements BILLING CODE 6820–EP–P
Available Off-the-Shelf Items (COTS) of the Regulatory Flexibility Act (5
The clause at FAR 52.237–11, U.S.C. 601 et seq.) are not applicable.
Accepting and Dispensing of $1 Coin, is Accordingly, no regulatory flexibility

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Document Created: 2018-09-26 00:46:27
Document Modified: 2018-09-26 00:46:27

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 October 26, 2018.
Contact		Mr. Curtis E. Glover, Sr., Procurement Analyst, at 202-501-1448 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-101, FAR Case 2018-009.
FR Citation		83 FR 48700
RIN Number		9000-AN70
CFR Citation		48 CFR 37 48 CFR 52

83 FR 48700 - Federal Acquisition Regulations: One Dollar Coins

DEPARTMENT OF DEFENSEGENERAL SERVICES ADMINISTRATIONNATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 83, Issue 187 (September 26, 2018)

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION