[Federal Register Volume 78, Number 227 (Monday, November 25, 2013)]
[Rules and Regulations]
[Pages 70482-70483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-28056]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2013-0078, Sequence No. 7]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-71; 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

[[Page 70483]]

Small Business Regulatory Enforcement Fairness Act of 1996. It consists 
of a summary of the rules appearing in Federal Acquisition Circular 
(FAC) 2005-71, 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 these rules by referring to FAC 2005-71, which 
precedes this document. These documents are also available via the 
Internet at http://www.regulations.gov.

DATES: November 25, 2013.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
the analyst whose name appears in the table below. Please cite FAC 
2005-71 and the FAR case number. For information pertaining to status 
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.

                       Rules Listed in FAC 2005-71
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        Item              Subject         FAR Case          Analyst
------------------------------------------------------------------------
*I.................  Accelerated             2012-031  Chambers.
                      Payments to
                      Small Business
                      Subcontractors.
II.................  New Designated          2013-019  Davis.
                      Country--Croati
                      a.
III................  Technical
                      Amendments.
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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.
[FR Doc. 2013-28056 Filed 11-22-13; 8:45 am]
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