[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Rules and Regulations]
[Pages 39231-39233]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16671]

[[Page 39231]]

Vol. 76


No. 128

July 5, 2011

Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Regulation; Final Rules

Federal Register / Vol. 76 , No. 128 / Tuesday, July 5, 2011 / Rules 
and Regulations

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48 CFR Chapter 1

[Docket FAR 2011-0076, Sequence 5]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-53; Introduction

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

ACTION: Summary presentation of final and interim rules.


SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by DoD, GSA, and NASA in this Federal Acquisition 
Circular (FAC) 2005-53. 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 and comment 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 2005-53 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at (202) 501-


                      List of Rules in FAC 2005-53
    Item               Subject            FAR case         Analyst
I...........  Equal Opportunity for        2009-007  McFadden.
II..........  Unique Procurement           2009-023  Morgan.
               Instrument Identifier.
III.........  Uniform Suspension and       2009-036  Jackson.
               Debarment Requirement.
IV..........  Extension of Sunset Date     2011-015  Lague.
               for Protests of Task
               and Delivery Orders
V...........  Encouraging Contractor       2009-028  Clark.
               Policies to Ban Text
               Messaging While Driving.
VI..........  TINA Interest                2009-034  Chambers.

Summaries for each FAR rule follow. For the actual revisions and/or 
amendments made by these FAR cases, refer to the specific item numbers 
and subject set forth in the documents following these item summaries. 
FAC 2005-53 amends the FAR as specified below:

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

    The interim rule, published September 29, 2010, is adopted as final 
with minor changes. A definition from the clause at FAR 52.222-35 for 
``executive and senior management'' is added to FAR subpart 22.13. The 
interim rule implemented Department of Labor regulations on equal 
opportunity provisions for various categories of military veterans.

Item II--Unique Procurement Instrument Identifier (FAR Case 2009-023)

    This final rule amends the FAR to define the requirement for an 
agency unique procurement instrument identifier (PIID) and, to extend 
the requirement for using PIIDs to solicitations, contracts, and 
related procurement instruments.
    This final rule adds two new definitions at 4.001, revises 
4.605(a), and adds a new FAR subpart 4.16--Unique Procurement 
Instrument Identifiers, to prescribe policies and procedures for 
assigning PIIDs. The Government expects that these changes will reduce 
data errors and interoperability problems across the Federal 
Government's business processes which were created by inconsistent and 
non-unique PIID assignment and use. These changes will not impose new 
requirements on small businesses, as the rule only addresses internal 
Government policy and procedures.

Item III--Uniform Suspension and Debarment Requirement (FAR Case 2009-

    This rule adopts as final, with minor changes, an interim rule 
which implemented section 815 of the National Defense Authorization Act 
for Fiscal Year 2010, Public Law 111-84. The law requires that 
suspension and debarment requirements flow down to all subcontracts 
except contracts for commercially available off-the-shelf items, and in 
the case of commercial items, first-tier subcontracts only.
    This requirement protects the Government against contracting with 
entities at any tier who are debarred, suspended, or proposed for 
debarment. This rule does not have a significant impact on the 
Government, contractors, or any automated systems.

Item IV--Extension of Sunset Date for Protests of Task and Delivery 
Orders (FAR Case 2011-015) (Interim)

    This interim rule amends the FAR to implement section 825 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 2011 
(Pub. L. 111-383). Section 825 extends the sunset date for protests 
against awards of task or delivery orders by DoD, NASA, and the Coast 
Guard from May 27, 2011 to September 30, 2016. The sunset date for 
protests against the award of task or delivery orders by other Federal 
agencies remains May 27, 2011. With this change, contractors will no 
longer be able to protest task or delivery orders awarded by agencies 
other than DoD, NASA, and the Coast Guard. There is no effect on 
Government automated systems.

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

    This final rule adopts, with changes, the interim rule published in 
the Federal Register at 75 FR 60264 on September 29, 2010, to implement 
Executive Order 13513 (October 1, 2009), published in the Federal 
Register at 74 FR 51225 on October 6, 2009, entitled ``Federal 
Leadership on Reducing Text Messaging while Driving.'' This final rule 
revises FAR clause 52.223-18 to encourage the adoption and enforcement 
of 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. The final rule also revises 
the language in the clause to

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encourage contractors to conduct initiatives such as: (1) Establishment 
of new rules and programs or re-evaluation of existing programs to 
prohibit text messaging while driving, and (2) 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.

Item VI--TINA Interest Calculations (FAR Case 2009-034)

    DoD, GSA, and NASA are publishing a final rule amending the FAR to 
revise the clauses at FAR 52.214-27, FAR 52.215-10, and FAR 52.215-11 
to require compound interest calculations be applied to Government 
overpayments as a result of defective cost or pricing data.

    Dated: June 28, 2011.

Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office 
of Acquisition Policy.

    Federal Acquisition Circular (FAC) 2005-53 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-53 is 
effective July 5, 2011, except for Items I, II, III, V and VI which are 
effective August 4, 2011.

    Dated: June 27, 2011.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.

    Dated: June 28, 2011.
Joseph A. Neurauter,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.

    Dated: June 22, 2011.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. 2011-16671 Filed 7-1-11; 8:45 am]