[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Pages 70339-70340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27656]

[[Page 70339]]

Vol. 79


No. 227

November 25, 2014

Part III

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Regulations; Final Rules

Federal Register / Vol. 79 , No. 227 / Tuesday, November 25, 2014 / 
Rules and Regulations

[[Page 70340]]





48 CFR Chapter 1

[Docket No. FAR 2014-0051, Sequence No. 6]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-78; Introduction

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

ACTION: Summary presentation of final 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) 2005-78. 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 2005-78 and 
the specific FAR case number. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat at 202-501-

                                           Rules Listed in FAC 2005-78
              Item                                Subject                     FAR case            Analyst
I..............................  Incorporating Section K in Contracts....        2014-001  Glover.
II.............................  Streamlining Claims Processing..........        2014-011  Loeb.
III............................  Year Format.............................        2014-006  Loeb.
IV.............................  Higher-Level Contract Quality                   2012-032  Loeb.
V..............................  Technical Amendments....................

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these rules, refer to the 
specific item numbers and subjects set forth in the documents following 
these item summaries. FAC 2005-78 amends the FAR as specified below:

Item I--Incorporating Section K in Contracts (FAR Case 2014-001)

    This final rule revises the language at FAR subpart 4.12, 
Representations and Certifications, and adds a new clause at FAR 
52.204-19 to standardize the incorporation by reference of 
representations and certifications in contracts regardless of which 
contract award form is used. FAR clause 52.212-4 has a new paragraph 
(v) to cover this issue for commercial items.
    Peer reviews and procurement management reviews have found that 
Section K-Representations and Certifications are inconsistently or not 
incorporated in contract awards.
    This final rule does not change or impact the existing 
representations and certifications submitted by small entities; this 
final rule should have no impact on small entities.

Item II--Streamlining Claims Processing (FAR Case 2014-011)

    This final rule implements the Streamlining Claims Processing for 
Federal Contractor Employees Act, Pub. L. 113-50, which transferred 
certain authority for construction wage under-payments from the 
Government Accountability Office to the Department of Labor. There is 
no effect on small businesses.

Item III--Year Format (FAR Case 2014-006)

    This final rule amends the FAR to delete obsolete regulations 
relating to the year 2000 compliance. There is no impact on small 

Item IV--Higher-Level Contract Quality Requirements (FAR Case 2012-032)

    This final rule amends FAR parts 44 and 46 to (1) provide that 
agencies should establish procedures for determining when higher-level 
quality standards are to be included in a contract, (2) provide that 
higher-level quality standards should be given special attention during 
Contractor Purchasing System Reviews, and (3) adds an example of 
higher-level quality standards as it relates to counterfeit electronic 
parts. The contracting officer, in accordance with agency procedures, 
will choose the higher-level quality standards that will apply. These 
standards will be used to help minimize and mitigate counterfeit items 
or suspect counterfeit items in Government contracting. This rule 
impacts large and small businesses who provide critical items directly 
to the Government or to Government prime contractors.

Item V--Technical Amendments

    Editorial changes are made at FAR 1.106, 16.103, 22.1006, 31.109, 
52.204-8, and 53.219.

    Dated: November 17, 2014.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office 
of Acquisition Policy, Office of Government-Wide Policy.

    Federal Acquisition Circular (FAC) 2005-78 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 2005-78 is 
effective November 25, 2014 except for items I, II, III and IV, which 
are effective December 26, 2014.

    Dated: November 17, 2014.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
    Dated: November 17, 2014.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy, 
U.S. General Services Administration.
    Dated: November 18, 2014.
Ronald A. Poussard,
Director, Contract and Grant Policy Branch NASA, Office of Procurement.
[FR Doc. 2014-27656 Filed 11-24-14; 8:45 am]