[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4994-4995]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01527]
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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. 8]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-80; Small Entity Compliance Guide
AGENCIES: 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) 2005-80, 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 2005-80, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.
DATES: January 29, 2015.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-80 and the FAR case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.
[[Page 4995]]
Rules Listed in FAC 2005-80
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List Subject FAR case Analyst
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I *........... Ending Trafficking in 2013-001 Davis.
Persons.
II............ Management and Oversight 2014-008 Jackson.
of the Acquisition of
Services.
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 rules, refer to the
specific item numbers and subjects set forth in the documents following
these item summaries. FAC 2005-80 amends the FAR as specified below:
Item I--Ending Trafficking in Persons (FAR Case 2013-001)
This final rule amends the FAR to implement Executive Order 13627
and Title XVII of the National Defense Authorization Act for Fiscal
Year 2013 and promotes the United States policy prohibiting trafficking
in persons. Contractors and subcontractors must disclose to employees
the key conditions of employment, starting with wages and work
location; no recruiting fees are allowed to be charged to employees.
Compliance plans and annual certifications are required for
portions of contracts over $500,000 performed outside the United
States, except for commercially available off-the-shelf items of
supply; plans shall be appropriate to the size and complexity of the
contract or subcontract, and the nature and scope of the activities
under the contract or subcontract. These plan exceptions will
significantly reduce the impact on small entities.
Contracting officers should specify in the contract whether a
written employee work document is required, which notifies the employee
of certain details about the work and about trafficking in persons. The
contracting officer is also required to notify the agency Inspector
General, debarring and suspending official, and, if appropriate, law
enforcement of credible information regarding violations. The
contracting officer is required to put into FAPIIS violations
substantiated by the agency Inspector General, after a final agency
determination.
Item II--Management and Oversight of the Acquisition of Services (FAR
Case 2014-008)
This final rule amends the FAR to implement a recommendation to
strengthen guidance on service acquisitions by incorporating at FAR
37.101 the definitions relating to ``uncompensated overtime'' presently
set forth in FAR 52.237-10(a), except that the defined term
``uncompensated overtime rate'' has been changed to ``adjusted hourly
rate (including uncompensated overtime).'' Additionally, the definition
of the new term ``adjusted hourly rate (including uncompensated
overtime)'' clarifies that the proposed hours per week include
uncompensated overtime hours over and above the standard 40-hour work
week. FAR 52.237-10 is further amended to clarify the application of
the adjusted hourly rate, and categorization of proposed hours subject
to the adjusted hourly rate. In addition, FAR 52.237-10 has been
amended to reflect that all proposed labor hours subject to the
adjusted hourly rate shall be identified as either regular or overtime
hours, by labor categories. Finally, FAR 37.115-2 has been amended to
add a paragraph (d) to clarify that when there is uncompensated
overtime, the adjusted hourly rate, rather than the hourly rate shall
be applied to all proposed hours, whether regular or overtime hours.
This rule is not expected to have a significant cost or
administrative impact on contractors or offerors. This final rule is
also not expected to have a significant impact on contracting officers
because it only clarifies policy that is already stated in the FAR.
These requirements affect only the internal operating procedures of the
Government.
Item III--Technical Amendments
Editorial changes are made at FAR 46.202-4, 52.212-3, and 52.225-
18.
Dated: January 22, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2015-01527 Filed 1-28-15; 8:45 am]
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