[Federal Register Volume 81, Number 244 (Tuesday, December 20, 2016)]
[Rules and Regulations]
[Page 93489]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-30222]
[[Page 93489]]
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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
2005-93; 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) 2005-94, 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 2005-94, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.
DATES: December 20, 2016.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-94 and the 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
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* I.................................. Privacy Training....... 2010-013 Gray.
* II................................. Payment of 2014-004 Glover.
Subcontractors.
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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.
[FR Doc. 2016-30222 Filed 12-19-16; 8:45 am]
BILLING CODE 6820-EP-P