[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Page 70476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28052]



[[Page 70475]]

Vol. 78

Monday,

No. 227

November 25, 2013

Part III





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Chapter 1, et al.





Federal Acquisition Regulations; Final Rules

  Federal Register / Vol. 78 , No. 227 / Monday, November 25, 2013 / 
Rules and Regulations  

[[Page 70476]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2013-0076, Sequence No. 7]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-71; Introduction

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

ACTION: Summary presentation of final rules.

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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) 2005-71. 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 2005-71 and 
the specific FAR case numbers. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.

                                           Rules Listed in FAC 2005-71
 
----------------------------------------------------------------------------------------------------------------
                 Item                               Subject                FAR Case              Analyst
----------------------------------------------------------------------------------------------------------------
I.....................................  Accelerated Payments to Small         2012-031  Chambers.
                                         Business Subcontractors.
II....................................  New Designated Country--              2013-019  Davis.
                                         Croatia.
III...................................  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 2005-71 amends the FAR as specified 
below:

Item I--Accelerated Payments to Small Business Subcontractors (FAR Case 
2012-031)

    This final rule amends the FAR to add a new clause, Providing 
Accelerated Payments to Small Business Subcontractors, as part of the 
implementation of OMB Memorandum M-12-16, Providing Prompt Payment to 
Small Business Subcontractors (as extended by OMB Memorandum M-13-15, 
Extension of Policy to Provide Accelerated Payment to Small Business 
Subcontractors). This new clause requires the prime contractor, upon 
receipt of accelerated payments from the Government, to make 
accelerated payments to small business subcontractors, to the maximum 
extent practicable, after receipt of a proper invoice and all proper 
documentation from small business subcontractors. This clause will be 
inserted into all new solicitations issued after the effective date of 
this rule and resultant contracts, including solicitations and 
contracts for the acquisition of commercial items. This rule does not 
provide any new rights under the Prompt Payment Act and does not affect 
the application of the Prompt Payment Act late payment interest 
provisions. Small businesses benefit from this clause in that they 
should be paid more expeditiously by their prime contractor, which 
should improve small businesses overall cash flow.

Item II--New Designated Country--Croatia (FAR Case 2013-019)

    This final rule amends the FAR to add Croatia as a new designated 
country under the World Trade Organization Government Procurement 
Agreement (WTO GPA). Croatia joined the European Union on July 1, 2013, 
which is a party to the WTO GPA.
    Therefore, this rule adds Croatia to the list of WTO GPA countries 
wherever it appears in the FAR, whether as a separate definition, part 
of the definition of ``designated country,'' the definition of 
``Recovery Act designated country,'' or as part of the list of 
countries exempt from the prohibition of acquisition of products 
produced by forced or indentured child labor. As a member of the 
European Union, Croatia also is a party to the Agreement on Trade in 
Civil Aircraft.
    This final rule will not have a significant economic impact on 
small entities.

Item III--Technical Amendments

    Editorial changes are made at FAR 31.205-6, 52.202-1, 52.212-3, 
52.212-5, and 52.213-4.

    Dated: November 18, 2013.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-Wide Policy.

    Federal Acquisition Circular (FAC) 2005-71 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 2005-71 FAC 2005-71 
is effective November 25, 2013 except for item I, which is effective 
December 26, 2013.

    Dated: November 14, 2013.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
    Dated: November 18, 2013.
Houston Taylor,
Acting Senior Procurement Executive/Deputy CAO, Office of Acquisition 
Policy, U.S. General Services Administration.
    Dated: November 15, 2013.
William P. McNally,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. 2013-28052 Filed 11-22-13; 8:45 am]
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