[Federal Register Volume 79, Number 227 (Tuesday, November 25, 2014)]
[Rules and Regulations]
[Page 70349]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-27663]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2014-0052, Sequence No. 6]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-78; 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 rules
appearing in Federal Acquisition Circular (FAC) 2005-78, 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 2005-78, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.
DATES: November 25, 2014.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-78 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 2005-78
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Item Subject FAR case Analyst
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* 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.
Requirements.
V.............................. Technical Amendments.
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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
businesses.
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.
[FR Doc. 2014-27663 Filed 11-24-14; 8:45 am]
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