[Federal Register Volume 76, Number 212 (Wednesday, November 2, 2011)]
[Rules and Regulations]
[Pages 68013-68015]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-27778]



[[Page 68013]]

Vol. 76

Wednesday,

No. 212

November 2, 2011

Part V





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Part 1





 Federal Acquisition Regulation; Federal Acquisition Circular 2005-54; 
Introduction; Interim and Final Rules and Notice

Federal Register / Vol. 76 , No. 212 / Wednesday, November 2, 2011 / 
Rules and Regulations

[[Page 68014]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2011-0076; Sequence 6]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-54; 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.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by DoD, GSA, and NASA in this Federal Acquisition 
Circular (FAC) 2005-54. 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 2005-54 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 2005-54
------------------------------------------------------------------------
    Item              Subject            FAR case           Analyst
------------------------------------------------------------------------
I...........  Notification of               2010-006  McFadden.
               Employee Rights Under
               the National Labor
               Relations Act.
II..........  Preventing Personal           2008-025  Robinson.
               Conflicts of Interest
               for Contractor
               Employees Performing
               Acquisition Functions.
III.........  Small Disadvantaged           2009-019  Morgan.
               Business Program Self-
               Certification.
IV..........  Certification                 2010-012  Davis.
               Requirement and
               Procurement
               Prohibition Relating
               to Iran Sanctions.
V...........  Representation                2010-018  Davis.
               Regarding Export of
               Sensitive Technology
               to Iran (Interim).
VI..........  Set-Asides for Small          2011-024  Morgan.
               Business (Interim).
VII.........  Sudan Waiver Process..        2009-041  Davis.
VIII........  Successor Entities to         2011-014  Davis.
               the Netherlands
               Antilles.
IX..........  Labor Relations Costs.        2009-006  Chambers.
X...........  Technical Amendments..
------------------------------------------------------------------------


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 numbers and subject set forth in the documents 
following these item summaries. FAC 2005-54 amends the FAR as specified 
below:

Item I--Notification of Employee Rights Under the National Labor 
Relations Act (FAR Case 2010-006)

    This rule adopts as final, without change, the interim rule that 
published in the Federal Register at 75 FR 77723 on December 13, 2010, 
implementing Executive Order (E.O.) 13496, Notification of Employee 
Rights Under Federal Labor Laws, as implemented by the Department of 
Labor (DOL). The E.O. requires contractors to display a notice for 
employees of their rights under Federal labor laws, and the DOL has 
determined that the notice shall include employee rights under the 
National Labor Relations Act.

Item II--Preventing Personal Conflicts of Interest for Contractor 
Employees Performing Acquisition Functions (FAR Case 2008-025)

    This final rule amends the FAR to address personal conflicts of 
interest by employees of Government contractors, as required by section 
841(a) of the Duncan Hunter National Defense Authorization Act for 
Fiscal Year 2009 (Pub. L. 110-417) (now codified at 41 U.S.C. 2303). 
This rule requires the contractor to take the steps necessary to 
identify and prevent personal conflicts of interest for employees that 
perform acquisition functions closely associated with inherently 
governmental functions. The contracting officer shall consult with 
agency legal counsel for advice and recommendations on a course of 
action when the contractor reports a personal conflict of interest 
violation by a covered employee or when the contractor violates the 
clause requirements.

Item III--Small Disadvantaged Business Program Self-Certification (FAR 
Case 2009-019)

    This rule adopts as final, without change, an interim rule that 
implements revisions made by the Small Business Administration (SBA) in 
its Small Disadvantaged Business (SDB) regulations. The FAR interim 
rule was published in the Federal Register at 75 FR 77737 on December 
13, 2010, to allow SDBs to self-represent their SDB status to prime 
contractors in good faith when seeking Federal subcontracting 
opportunities. This FAR revision removed an administrative burden for 
SDB subcontractors to obtain SBA certification, as well as prime 
contractors, who were required to confirm that SDB subcontractors had 
obtained SBA certification.

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

    This rule adopts as final, with minor changes, an interim rule. The 
interim rule implemented sections 102 and 106 of the Comprehensive Iran 
Sanctions, Accountability, and Divestment Act of 2010. Section 102 
requires 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 of 
1996. Section 106 imposes a procurement prohibition relating to 
contracts with persons that export certain sensitive technology to 
Iran. This rule will have little effect on domestic small business 
concerns, because such dealings with Iran are already generally 
prohibited under U.S. law.

Item V--Representation Regarding Export of Sensitive Technology to Iran 
(FAR Case 2010-018) (Interim)

    This interim rule amends the FAR to include additional requirements 
to implement section 106 of the Comprehensive Iran Sanctions, 
Accountability, and Divestment Act of 2010, Public Law 111-195. To 
enhance

[[Page 68015]]

enforcement of section 106, the FAR will require each offeror to 
complete a representation that the offeror does not export certain 
sensitive technology to the government of Iran or any entities or 
individuals owned or controlled by or acting on behalf or at the 
direction of the government of Iran. This rule will have little effect 
on domestic small business concerns, because such dealings with Iran 
are already generally prohibited in the United States.

Item VI--Set-Asides for Small Business (FAR Case 2011-024) (Interim)

    This interim rule amends the FAR to implement section 1331 of Pub. 
L. 111-240, the Small Business Jobs Act of 2010, providing agencies 
with the legal authority to set aside or reserve multiple-award 
contracts and orders.
    Specifically, section 1331 authorizes agencies to (1) Set aside 
part or parts of multiple-award contracts; (2) set aside orders placed 
against multiple-award contracts; and (3) reserve one or more multiple-
award contracts for small business concerns that are awarded using full 
and open competition.
    The interim rule gives agencies an additional procurement tool to 
increase opportunities for small businesses to compete in the Federal 
marketplace.

Item VII--Sudan Waiver Process (FAR Case 2009-041)

    This final rule amends the FAR to revise section 25.702, 
Prohibition on contracting with entities that conduct restricted 
business operations in Sudan. The rule adds specific criteria, 
including foreign policy aspects, that an agency must address when 
applying to the President or his appointed designee for a waiver of the 
prohibition on awarding a contract to a contractor that conducts 
restricted business operations in Sudan, in accordance with the Sudan 
Accountability and Divestment Act of 2007 (Pub. L. 110-174). The rule 
also describes the consultation process that will be used by the Office 
of Federal Procurement Policy in support of the waiver review. The rule 
does not impose any requirements on small businesses.

Item VIII--Successor Entities to the Netherlands Antilles (FAR Case 
2011-014)

    This final rule amends FAR parts 25 and 52 to revise the 
definitions of ``Caribbean Basin country'' and ``designated country'' 
due to the change in status of the islands that comprised the 
Netherlands Antilles. On October 10, 2010, the Netherlands Antilles 
dissolved into five separate successor entities. The rule does not 
impose any requirements on small businesses.

Item IX--Labor Relations Costs (FAR Case 2009-006)

    This final rule amends the FAR to implement Executive Order (E.O.) 
13494, Economy in Government Contracting, issued on January 30, 2009, 
and amended on October 30, 2009. This E.O. treats as unallowable the 
costs of any activities undertaken to persuade employees, whether 
employees of the recipient of Federal disbursements or of any other 
entity, to exercise or not to exercise, or concerning the manner of 
exercising, the right to organize and bargain collectively through 
representatives of the employee's own choosing.

Item X--Technical Amendments

    Editorial changes are made at FAR 1.106, 4.604, and 8.501.

    Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

    Federal Acquisition Circular (FAC) 2005-54 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and 
Space Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-54 is 
effective November 2, 2011, except for Items II, VII, and IX which 
are effective December 2, 2011.

    Dated: October 20, 2011.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
    Dated: October 21, 2011.
Mindy S. Connolly, CPCM,
Chief Acquisition Officer U.S. General Services Administration.
    Dated: October 20, 2011.
Leigh Pomponio,
Procurement Analyst, National Aeronautics and Space Administration.
[FR Doc. 2011-27778 Filed 11-1-11; 8:45 am]
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