[Federal Register Volume 76, Number 128 (Tuesday, July 5, 2011)]
[Rules and Regulations]
[Pages 39243-39244]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-16678]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2011-0077, Sequence 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-53; 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 rules 
appearing in Federal Acquisition Circular (FAC) 2005-53, which amend 
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 2005-53, which precedes this document. 
These documents are also 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. Please cite FAC 2005-53 and the specific FAR case number. 
For information pertaining to status or publication schedules, contact 
the Regulatory Secretariat at (202) 501-4755.

SUPPLEMENTARY INFORMATION: 

                      List of Rules in FAC 2005-53
------------------------------------------------------------------------
    Item              Subject            FAR case          Analyst
------------------------------------------------------------------------
I..........  Equal Opportunity for        2009-007  McFadden.
              Veterans.
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
              (Interim).
V..........  Encouraging Contractor       2009-028  Clark.
              Policies To Ban Text
              Messaging While Driving.
VI.........  TINA Interest                2009-034  Chambers.
              Calculations.
------------------------------------------------------------------------

    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-
036)

    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.

[[Page 39244]]

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 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.
[FR Doc. 2011-16678 Filed 7-1-11; 8:45 am]
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