[Federal Register Volume 78, Number 189 (Monday, September 30, 2013)]
[Rules and Regulations]
[Pages 60167-60168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-23704]

[[Page 60167]]

Vol. 78


No. 189

September 30, 2013

Part V

Department of Defense


General Services Administration


National Aeronautics and Space Administration


48 CFR Chapter 1, et al.

Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 78 , No. 189 / Monday, September 30, 2013 / 
Rules and Regulations

[[Page 60168]]





48 CFR Chapter 1

[Docket FAR 2013-0076, Sequence 6]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-70; Introduction

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

ACTION: Summary presentation of interim rules.


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) 2005-70. 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 the FAR case. Please cite FAC 2005-70 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at 202-501-

                       Rule Listed in FAC 2005-70
     Item             Subject           FAR Case           Analyst
I.............  Pilot Program for          2013-015  Corrigan.
                 Enhancement of
II............  Allowability of            2013-017  Chambers.
                 Legal Costs for

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 2005-70 amends the FAR as specified 

Item I--Pilot Program for Enhancement of Contractor Employee 
Whistleblower Protections (FAR Case 2013-015)

    This interim rule amends the FAR to implement a four-year pilot 
program to enhance the existing whistleblower protections for 
contractor employees at subpart 3.9. In accordance with FAR 
1.108(d)(3), contracting officers are encouraged to include the changes 
in these rules in major modifications to contracts and orders awarded 
prior to the effective date of this interim rule. The pilot program is 
mandated by section 828, entitled ``Pilot Program for Enhancement of 
Contractor Employee Whistleblower Protections,'' of the National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 
112-239, enacted January 2, 2013). This rule implements section 828 by 
amending FAR 3.900, Scope of subpart, to make FAR 3.901 through 3.906 
inapplicable to DoD, NASA, and the Coast Guard and to prohibit the use 
of these sections for new awards by all other agencies subject to the 
FAR (title 41 agencies) through January 1, 2017. This rule creates a 
new FAR section 3.908 to be used by title 41 agencies through January 
1, 2017. Other exceptions: FAR 3.907, which addresses whistleblower 
protections under the American Recovery and Reinvestment Act of 2009, 
is unaffected by this rule. This rule does not provide any right not 
otherwise provided by law to disclose classified information, nor does 
it apply to any element of the intelligence community, as defined in 
section 3(4) of the National Security Act of 1947 (50 U.S.C. 
401(a)(4)). In addition, the interim rule applies to actions over the 
simplified acquisition threshold.

Item II--Allowability of Legal Costs for Whistleblower Proceedings (FAR 
Case 2013-017)

    This interim rule amends the FAR by revising the cost principle at 
31.205-47 to implement sections 827(g) and 828(d) of the NDAA for FY 
2013 (Pub. L. 112-239). There are two new whistleblower programs for 
contractor and subcontractor employees, at 10 U.S.C. 2409 and 41 U.S.C. 
4712. The latter program is a pilot program, being addressed in FAR 
Case 2013-015, amending FAR subpart 3.9. The cost principle addresses 
the allowability of legal costs incurred by a contractor or 
subcontractor in connection with a whistleblower protection proceeding 
commenced by a contractor or subcontractor employee submitting a 
complaint of reprisal under the applicable whistleblower statute. 
Because most contracts awarded to small businesses use simplified 
acquisition procedures or are awarded on a competitive, fixed-price 
basis, thus limiting their exposure to the cost principles, the impact 
of this interim rule on small businesses will be minimal.

    Dated: September 24, 2013.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-wide Policy.

    Federal Acquisition Circular (FAC) 2005-70 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 2005-70 is 
effective September 30, 2013.

    Dated: September 23, 2013.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
    Dated: September 24, 2013.
Houston Taylor,
Acting Senior Procurement Executive/Deputy CAO, Office of Acquisition 
Policy, U.S. General Services Administration.
    Dated: September 23, 2013.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. 2013-23704 Filed 9-27-13; 8:45 am]