[Federal Register Volume 78, Number 148 (Thursday, August 1, 2013)]
[Rules and Regulations]
[Pages 46796-46797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-18466]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket FAR 2013-0078; Sequence 5]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-69; 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 the rule 
appearing in Federal Acquisition Circular (FAC) 2005-69, which amends 
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 
this rule by referring to FAC 2005-69, which precedes this document. 
These documents are also available via the Internet at http://www.regulations.gov.

DATES: August 1, 2013.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-69 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

                                          List of Rules in FAC 2005-69
----------------------------------------------------------------------------------------------------------------
                  Item                             Subject              FAR Case               Analyst
----------------------------------------------------------------------------------------------------------------
*I.....................................  Definition of Contingency         2013-003  Corrigan.
                                          Operation.
II.....................................  Iran Threat Reduction.....        2012-030  Davis.
III....................................  Documenting Contractor            2012-009  Glover.
                                          Performance.
IV.....................................  Repeal of Sunset for              2013-011  Jackson.
                                          Certain Protests of Task
                                          or Delivery Order
                                          Contracts.
V......................................  Least Developed Countries         2013-009  Davis.
                                          that are Designated
                                          Countries.
VI.....................................  Update to Biobased                2013-006  Petrusek.
                                          Reporting Requirements.
VII....................................  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 subjects set forth in the documents 
following these item summaries. FAC 2005-69 amends the FAR as specified 
below:

Item I--Definition of Contingency Operation (FAR Case 2013-003)

    This final rule amends, without change, the interim rule published 
in the Federal Register at 78 FR 13765 on February 28, 2013, revising 
the definition of ``contingency operation'' in FAR 2.101 to address the 
statutory change to the definition made by paragraph (b) of section 515 
of the National Defense Authorization Act for Fiscal Year 2012 (Pub. L. 
112-81). Expanding the definition to include responding to a major 
disaster or emergency will increase the circumstances under which 
agencies may raise the micropurchase and simplified acquisition 
thresholds. This may increase opportunities for awarding contracts to 
small entities located at or near a major disaster area or emergency 
activities.

Item II--Iran Threat Reduction (FAR Case 2012-030)

    This final rule adopts the interim rule published in the Federal 
Register at 77 FR 73516, on December 10, 2013, with minor changes. The 
interim rule amended the FAR to require certifications that implement 
the expansion of sanctions relating to the energy sector of Iran and 
sanctions with respect to Iran's Revolutionary Guard Corps, as 
contained in titles II and III of the Iran Threat Reduction and Syria 
Human Rights Act of 2012. This final rule will not have a significant 
economic impact on a substantial number of small entities. As a result, 
the certification required in this case ensures that contracting 
officers will not award to offerors that engage in transactions with 
the Iran Revolutionary Guard Corps that exceed $3,000.

Item III--Documenting Contractor Performance (FAR Case 2012-009)

    This rule amends FAR part 42 to provide Governmentwide standardized 
past performance evaluation factors and performance ratings, and to 
require all past performance information be entered into the Contractor 
Performance Assessment Reporting System (CPARS).
    This change is required by statute, as well as by the Office of 
Federal Procurement Policy, which requested that FAR part 42 be revised 
to include recommendations from the Government Accountability Office 
Report GAO-09-374, Better Performance Information Needed to Support 
Agency Contract Award Decisions, to provide Governmentwide standardized 
evaluation factors and rating scales for the evaluation of contractor 
performance.
    This rule specifically impacts contracting officers and contractors 
by clarifying the evaluation factors and performance ratings in the 
FAR. The rule also requires that all past performance information be 
entered into CPARS. The rule does not have a significant economic 
impact on small entities because the rule does not impose any 
additional requirements on small business.

[[Page 46797]]

Item IV--Repeal of Sunset for Certain Protests of Task and Delivery 
Order Contracts (FAR Case 2013-011)

    This final rule revises the FAR to implement a section of the 2013 
National Defense Authorization Act (Pub. L. 112-239) for agencies 
covered by title 10 of the United States Code, namely DoD, NASA, and 
Coast Guard. This section removes the sunset date for protests against 
the issuance or proposed issuance of an order, valued at more than $10 
million, under a task-order contract or delivery-order contract for 
title 10 agencies only. This rule does not affect title 41 agencies.

Item V--Least Developed Countries That Are Designated Countries (FAR 
Case 2013-009)

    This final rule amends the FAR in parts 25 and 52 to revise the 
definitions of ``designated country'' and ``least developed country,'' 
adding South Sudan, removing the Maldives, and changing the name of 
East Timor to Timor-Leste. The United States Trade Representative 
(USTR) list of least developed countries that are designated as 
eligible countries under the Trade Agreements Act is derived from the 
United Nations Least Developed Countries List. The USTR has updated the 
list of least developed countries that are treated as designated 
countries. In acquisitions that are covered by the World Trade 
Organization Government Procurement Agreement, contracting officers 
must acquire only U.S.-made or designated country end products, or U.S. 
or designated country services, unless offers of such end products or 
services are not received or are insufficient to fulfill the 
requirement (FAR 25.403(c)). This final rule will not have a 
significant economic impact on small entities.

Item VI--Update to Biobased Reporting Requirements (FAR Case 2013-006)

    This final rule amends the clause at FAR 52.223-2, Affirmative 
Procurement of Biobased Products Under Service and Construction 
Contracts, to replace the requirement for agencies to insert the agency 
environmental point of contact with a single Web site for contractors 
to submit the annual biobased report. The Web site has instructions and 
frequently asked questions.

Item VII--Technical Amendments

    Editorial changes are made at FAR 2.101, 22.1801, 29.401-3, 52.209-
6, 52.212-5 and 52.222-54.

    Dated: July 26, 2013.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2013-18466 Filed 7-31-13; 8:45 am]
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