[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Page 93476]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30212]



[[Page 93475]]

Vol. 81

Tuesday,

No. 244

December 20, 2016

Part VI





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Chapter 1





Federal Acquisition Regulations; Rules

  Federal Register / Vol. 81 , No. 244 / Tuesday, December 20, 2016 / 
Rules and Regulations  

[[Page 93476]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Docket No. FAR 2016-0051, Sequence No. 8]


Federal Acquisition Regulation; Federal Acquisition Circular 
2005-94; Introduction

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

ACTION: Summary presentation of final rules.

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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) 2005-94. 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 see the 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 2005-94 and 
the specific FAR case number. For information pertaining to status or 
publication schedules, contact the Regulatory Secretariat Division at 
202-501-4755.

                                           Rules Listed in FAC 2005-94
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                 Item                              Subject                FAR Case              Analyst
----------------------------------------------------------------------------------------------------------------
I.....................................  Privacy Training.............        2010-013  Gray.
II....................................  Payment of Subcontractors....        2014-004  Glover.
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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 2005-94 amends the FAR as follows:

Item I--Privacy Training (FAR Case 2010-013)

    This final rule amends the Federal Acquisition Regulation to 
clarify the training requirements for contractors whose employees will 
have access to a system of records on individuals or handle personally 
identifiable information. These training requirements are consistent 
with the Privacy Act of 1974, 5 U.S.C. 552a, and OMB Circular A-130, 
Managing Federal Information as a Strategic Resource. Prime contractors 
are required to flow down these requirements to all applicable 
subcontracts.

Item II--Payment of Subcontractors (FAR Case 2014-004)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
implement section 1334 of the Small Business Jobs Act of 2010 and the 
Small Business Administration's (SBA) final rule, published July 16, 
2013. If a contract requires a subcontracting plan, the prime 
contractor must notify the contracting officer in writing if the prime 
contractor pays a reduced payment to a small business subcontractor, or 
an untimely payment if the payment to a small business subcontractor is 
more than 90 days past due for supplies or services for which the 
Government has paid the contractor. The contractor is also to include 
the reason for the reduction in payment or failure to pay. A 
contracting officer will then use his or her best judgment in 
determining whether the reduced or untimely payments were justified. 
The contracting officer must record the identity of a prime contractor 
with a history of three or more unjustified reduced or untimely 
payments to subcontractors within a 12-month period under a single 
contract, in the Federal Awardee Performance and Integrity Information 
System (FAPIIS). This regulation will benefit small business 
subcontractors by encouraging large business prime contractors to pay 
small business
    subcontractors in a timely manner and at the agreed upon 
contractual price.

    Dated: December 9, 2016.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
    Federal Acquisition Circular (FAC) 2005-94 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-94 is 
effective December 20, 2016 except for items I, and II, which are 
effective January 19, 2017.

    Dated: December 9, 2016.

Claire M. Grady,
Director, Defense Procurement and Acquisition Policy.
    Dated: December 8, 2016.

Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition 
Policy, U.S. General Services Administration.
    Dated: December 8, 2016.

William P. McNally,
Assistant Administrator, Office of Procurement, National Aeronautics 
and Space Administration.

[FR Doc. 2016-30212 Filed 12-19-16; 8:45 am]
 BILLING CODE 6820-EP-P