[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60248-60249]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24217]



[[Page 60247]]

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Part V





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Parts 1, 4, 8, et al.



Federal Acquisition Regulations; Rules

  Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / 
Rules and Regulations  

[[Page 60248]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2010-0076, Sequence 8]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-46; Introduction

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

ACTION: Summary presentation of rules.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council (Councils) in this Federal 
Acquisition Circular (FAC) 2005-46. A companion document, the Small 
Entity Compliance Guide (SECG), follows this FAC. The FAC, including 
the SECG, is available via the Internet at http://www.regulations.gov.

DATES: For effective dates see separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below in relation to each FAR case. Please cite FAC 2005-46 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at (202) 501-
4755.

                                          List of Rules in FAC 2005-46
----------------------------------------------------------------------------------------------------------------
                Item                             Subject                 FAR Case               Analyst
----------------------------------------------------------------------------------------------------------------
I..................................  Equal Opportunity for Veterans         2009-007  Woodson
                                      (Interim).
II.................................  Certification Requirement and          2010-012  Davis
                                      Procurement Prohibition
                                      Relating to Iran Sanctions
                                      (Interim).
III................................  Termination for Default                2008-016  Parnell
                                      Reporting.
IV.................................  Award-Fee Language Revision....        2008-008  Chambers
V..................................  Offering a Construction                2009-020  Morgan
                                      Requirement-8(a) Program.
VI.................................  Encouraging Contractor Policies        2009-028  Clark
                                      to Ban Text Messaging While
                                      Driving (Interim).
VII................................  Buy American Exemption for             2009-039  Davis
                                      Commercial Information
                                      Technology--Construction
                                      Material (Interim).
----------------------------------------------------------------------------------------------------------------


SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR cases, refer to 
the specific item number and subject set forth in the documents 
following these item summaries.
    FAC 2005-46 amends the FAR as specified below:

Item I--Equal Opportunity for Veterans (FAR Case 2009-007) (Interim)

    This interim rule with request for comments implements the 
Department of Labor's (DoL) Office of Federal Contract Compliance 
Programs (OFCCP) final rule published in the Federal Register at 72 FR 
44393 on August 8, 2007, that implements amendments to the affirmative 
action provisions of the Vietnam Era Veterans' Readjustment Assistance 
Act of 1972 (VEVRAA), as amended by the Jobs for Veterans Act (JVA). 
The rule re-titles FAR subpart 22.13 from ``Special Disabled Veterans, 
Veterans of the Vietnam Era, and Other Eligible Veterans'' to ``Equal 
Opportunity for Veterans.'' Accordingly, FAR clause 52.222-35 is also 
renamed ``Equal Opportunity for Veterans'' and incorporates the new 
categories and definitions of protected veterans as established by DoL. 
In addition, the FAR clause at 52.222-37, ``Employment Reports on 
Special Disabled Veterans, Veterans of the Vietnam Era, and Other 
Eligible Veterans'' is renamed ``Employment Reports on Veterans'' and 
the new DoL requirements for using the VETS-100A report are 
incorporated. Lastly, the FAR provision at 52.222-38, ``Compliance with 
Veterans' Employment Reporting Requirements,'' is revised to 
incorporate new title references for FAR 52.222-37 and the new report 
form VETS-100A.

Item II--Certification Requirement and Procurement Prohibition Relating 
to Iran Sanctions (FAR Case 2010-012) (Interim)

    This interim rule amends the FAR by enhancing efforts to enforce 
sanctions with Iran. The rule implements requirements imposed by the 
Comprehensive Iran Sanctions, Accountability, and Divestment Act of 
2010 (Pub. L. 111-195), specifically sections 102 and 106. To implement 
section 102, the FAR will require certification that each offeror, and 
any person owned or controlled by the offeror, does not engage in any 
activity for which sanctions may be imposed under section 5 of the Iran 
Sanctions Act. This rule also partially implements section 106 of 
Public Law 111-195, which imposes a procurement prohibition relating to 
contracts with persons that export certain sensitive technology to 
Iran. There will be further implementation of Section 106 in FAR Case 
2010-018. This rule will have little effect on United States small 
business concerns, because such dealings with Iran are already 
prohibited in the United States.

Item III--Termination for Default Reporting (FAR Case 2008-016)

    This final rule amends the FAR to revise the contractor performance 
information process. The FAR revisions include changes to FAR parts 8, 
12, 15, 42, and 49. The purpose of the rule is to establish procedures 
for contracting officers to provide contractor information into the 
Federal Awardee Performance & Integrity Information System (FAPIIS) 
module of Past Performance Information System (PPIRS). This case sets 
forth requirements for reporting defective cost or pricing data and 
terminations for cause or default and any amendments. Evaluation of 
past performance information, especially terminations, manages risks 
associated with timely, effective and cost efficient completion of 
contracts, a key objective of the President's March 4, 2009, Memorandum 
on Government Contracting.

Item IV--Award-Fee Language Revision (FAR Case 2008-008)

    This final rule converts the interim rule published in the Federal 
Register at

[[Page 60249]]

74 FR 52856 on October 14, 2009, to a final rule with minor changes.
    This final rule amends the FAR to implement section 814 of the John 
Warner National Defense Authorization Act for Fiscal Year 2007 and 
section 867 of the Duncan Hunter 2009 National Defense Authorization 
Act for Fiscal Year 2009. This rule requires agencies to--
    (1) Link award fees to acquisition objectives in the areas of cost, 
schedule, and technical performance;
    (2) Clarify that a base fee amount greater than zero may be 
included in a cost-plus-award-fee type contract at the discretion of 
the contracting officer;
    (3) Prescribe narrative ratings that will be utilized in award-fee 
evaluations;
    (4) Prohibit the issuance of award fees for a rating period if the 
contractor's performance is judged to be below satisfactory;
    (5) Conduct a risk and cost-benefit analysis and consider the 
results of the analysis when determining whether to use an incentive-
fee type contract or not;
    (6) Include specific content in the award-fee plans; and
    (7) Prohibit the rolling over of unearned award fees to subsequent 
rating periods.
    This FAR change will integrate where appropriate, FAR part 7, 
Acquisition Planning, and FAR part 16, Contract Types, to improve 
agency use and decision making when using incentive contracts.

Item V--Offering a Construction Requirement--8(a) Program (FAR Case 
2009-020)

    This final rule amends the FAR to revise FAR subpart 19.8, 
Contracting with the Small Business Administration (The 8(a) Program), 
specifically FAR 19.804-2(b) to conform to the Small Business 
Administration (SBA) regulations. The SBA regulation 13 CFR 
124.502(b)(2) requires that the offering letter for an open 
construction requirement be submitted to the SBA District Office for 
the geographical area where the work is to be performed. The SBA 
regulation 13 CFR 124.502(b)(3) requires that the offering letter for a 
construction requirement offered on behalf of a specific participant be 
submitted to the SBA District Office servicing that concern. This rule 
revises FAR 19.804-2 accordingly.

Item VI--Encouraging Contractor Policies To Ban Text Messaging While 
Driving (FAR Case 2009-028) (Interim)

    This interim rule amends the FAR to implement Executive Order 
13513, entitled ``Federal Leadership on Reducing Text Messaging while 
Driving,'' which was issued on October 1, 2009 (74 FR 51225, October 6, 
2009). Section 4 of the Executive order requires each Federal agency, 
in procurement contracts, entered into after the date of the order, to 
encourage contractors and subcontractors to adopt and enforce policies 
that ban text messaging while driving company-owned or -rented vehicles 
or Government-owned vehicles; or privately-owned vehicles when on 
official Government business or when performing any work for or on 
behalf of the Government. Section 4 also requires Federal agencies to 
encourage contractors to conduct initiatives such as establishment of 
new rules and programs or re-evaluation of existing programs to 
prohibit text messaging while driving, and education, awareness, and 
other outreach programs to inform employees about the safety risks 
associated with texting while driving. This requirement applies to all 
solicitations and contracts. Contracting officers are encouraged to 
modify existing contracts to include the FAR clause.

Item VII--Buy American Exemption for Commercial Information 
Technology--Construction Material (FAR Case 2009-039) (Interim)

    This interim rule implements section 615 of Division C, Title VI, 
of the Consolidated Appropriations Act, 2010 (Pub. L. 111-117). Section 
615 authorizes exemption from the Buy American Act for acquisition of 
information technology that is a commercial item.

    Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
[FR Doc. 2010-24217 Filed 9-28-10; 8:45 am]
BILLING CODE 6820-EP-P