[Federal Register Volume 80, Number 88 (Thursday, May 7, 2015)]
[Rules and Regulations]
[Pages 26429-26430]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-11032]
[[Page 26429]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2015-0051, Sequence No. 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-82; 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.
-----------------------------------------------------------------------
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) 2005-82, 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 2005-82, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.
DATES: May 7, 2015.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-82 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 2005-82
----------------------------------------------------------------------------------------------------------------
List Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
* I.................................... Equal Employment and 2014-013 Loeb.
Affirmative Action for
Veterans and Individuals
with Disabilities.
II..................................... Review and Justification 2013-012 Hopkins.
of Pass-Through Contracts.
III.................................... Enhancements to Past 2014-010 Glover.
Performance Evaluation
Systems.
IV..................................... 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 2005-82 amends the FAR as specified below:
Item I--Equal Employment and Affirmative Action for Veterans and
Individuals with Disabilities (FAR Case 2014-013)
DoD, GSA, and NASA are issuing a final rule adopting the interim
rule published July 25, 2014, without change. The interim rule amended
the FAR to implement final rules issued on September 24, 2013, by the
Office of Federal Contract Compliance Programs at the Department of
Labor (DOL) relating to equal opportunity and affirmative action for
veterans and individuals with disabilities. The DOL rules provide
clarification of mandatory listing of employment openings, the posting
of notices, making notices accessible to persons with disabilities, and
requiring nondiscrimination statements in contractor solicitations or
advertisements for employees. The FAR clauses were restructured in the
interim rule to provide a citation to the applicable clause in the DOL
regulations and include a statement that summarizes contractors' top
level obligations under each clause. There is no significant impact on
small entities imposed by the FAR rule.
Item II--Review and Justification of Pass-Through Contracts (FAR Case
2013-012)
This final rule amends the FAR to implement section 802 of the
National Defense Authorization Act for Fiscal Year 2013 (Pub. L. 112-
239), which provided for additional requirements relative to the review
and justification of pass-through contracts. In those instances where
an offeror for a contract, task order, or delivery order informs the
agency pursuant to FAR 52.215-22 of their intention to award
subcontracts for more than 70 percent of the total cost of work to be
performed under the contract, task order, or delivery order, section
802 requires the contracting officer to (1) consider the availability
of alternative contract vehicles and the feasibility of contracting
directly with a subcontractor or subcontractors that will perform the
bulk of the work; (2) make a written determination that the contracting
approach selected is in the best interest of the Government; and (3)
document the basis for such determination. These statutory requirements
are being implemented in FAR 15.404-1(h) and for consistency purposes
are applicable to all of the agencies subject to the FAR even though
section 802 only applied to the Department of Defense, the Department
of State, and the United States Agency for International Development.
Because the rule augments the current responsibilities of
contracting officers relative to the review and justification of pass-
through contracts and does not initiate or impose any new
administrative or performance requirements on contractors, and
specifically exempts contract actions awarded pursuant to FAR subparts
19.5, 19.8, 19.13, 19.14, or 19.15, there is no impact on small
businesses.
Item III--Enhancements to Past Performance Evaluation Systems (FAR Case
2014-010)
This final rule changes the language at FAR 42.1502 to accommodate
the recent merger of the Architect-Engineer Contract Administration
Support System (ACASS) and the Construction Contractor Appraisal
Support System (CCASS) as modules within the Contractor Performance
Assessment Reporting System (CPARS) database. This action will
standardize the past performance reporting requirements under the CPARS
database. The ACASS and CCASS modules were merged into CPARS on July 1,
2014.
This change does not place any new requirements on small entities.
[[Page 26430]]
Item IV--Technical Amendments
Editorial changes are made at FAR 4.905(a), 22.102-2(a),
39.101(a)(1)(ii), 52.212-4(v), 52.212-5(b)(36)(i), (b)(36)(ii),
(b)(39)(ii), and (e)(1)(v), 52.213-4(a) and (b), and 52.223-16.
Dated: April 30, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2015-11032 Filed 5-6-15; 8:45 am]
BILLING CODE 6820-EP-P