[Federal Register Volume 83, Number 187 (Wednesday, September 26, 2018)]
[Rules and Regulations]
[Pages 48700-48701]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-20709]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 37 and 52
[FAC 2005-101; FAR Case 2018-009; Item II; Docket No. 2018-0009;
Sequence No. 1]
RIN 9000-AN70
Federal Acquisition Regulations: One Dollar Coins
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to implement a section of the
National Defense Authorization Act for Fiscal Year 2018 that provides
an exception for business operations conducted by a contractor while
performing under a Government contract from the requirement to accept
and dispense $1 coins.
DATES: Effective October 26, 2018.
FOR FURTHER INFORMATION CONTACT: Mr. Curtis E. Glover, Sr., Procurement
Analyst, at 202-501-1448 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite FAC 2005-101, FAR
Case 2018-009.
SUPPLEMENTARY INFORMATION:
[[Page 48701]]
I. Background
In August of 2007, FAR 37.116 implemented section 104 of the
Presidential $1 Coin Act of 2005 (31 U.S.C. 5112(p)(1); Pub. L. 109-
145), which removed barriers to the circulation of $1 coins. Section
104 requires that business operations performed on Government premises
provide for accepting and dispensing of existing and proposed $1 coins
as part of operations on and after January 1, 2008. To implement this
requirement, FAR clause 52.237-11, Accepting and Dispensing of $1 Coin,
was created for inclusion in solicitations and contracts for services
that involve business operations conducted in U.S. coins and currency
on any premises owned by the U.S. or under the control of any agency or
instrumentality of the U.S. The clause requires contractors to be
capable of accepting and dispensing $1 coins as part of business
operations under the contract.
The Section 809 Panel is a congressionally mandated panel to
streamline and improve the acquisition process by identifying and
eliminating outdated acquisition provisions. As part of this process,
the Section 809 Panel made recommendations to amend outdated
acquisition laws. One of the Panel's recommendations was to amend the
Presidential $1 Coin Act of 2005 because the intention of the Act was
to increase circulation of the $1 coin, which is not directly related
to agencies' missions. As a result of the Panel's recommendation,
section 885 of the National Defense Authorization Act (NDAA) for Fiscal
Year (FY) 2018 provides an exception for business operations conducted
by a contractor while performing under a Government contract from the
requirements to accept and dispense $1 coins.
The FAR is amended as follows to implement section 885 of the NDAA
for FY 2018:
A. FAR sections 37.116 through 37.116-2 are removed.
B. Paragraph (c)(11) is removed from the clause at FAR 52.212-5,
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items.
C. The clause at FAR 52.237-11, Accepting and Dispensing of $1
Coin, is removed.
II. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf Items (COTS)
The clause at FAR 52.237-11, Accepting and Dispensing of $1 Coin,
is being removed. It applied to contracts at or below the SAT, and to
commercial items, including COTS.
III. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the Federal Acquisition
Regulation. Paragraph (a)(1) of the statute requires that a procurement
policy, regulation, procedure or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because it merely removes the requirement in the FAR for business
operations performing Government contracts to accept and dispense $1
coins. It does not have a significant effect on the public.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
V. Executive Order 13771
This rule is not subject to E.O. 13771, because this rule is not a
significant regulatory action under E.O. 12866.
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section III of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.)
are not applicable. Accordingly, no regulatory flexibility analysis is
required and none has been prepared.
VII. Paperwork Reduction Act
The rule does not contain any information collection requirements
that require the approval of the Office of Management and Budget under
the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Parts 37 and 52
Government procurement.
Dated: September 17, 2018.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 37 and 52 as set
forth below:
0
1. The authority citation for parts 37 and 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113
PART 37--SERVICE CONTRACTING
37.116 [Removed]
0
2. Remove section 37.116.
37.116-1 [Removed]
0
3. Remove section 37.116-1.
37.116-2 [Removed]
0
4. Remove section 37.116-2.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
5. Amend section 52.212-5 by revising the date of the clause and
removing paragraph (c)(11)
The revision reads as follows:
52.212-5 Contract Terms and Conditions Required To Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (Oct 2018)
* * * * *
52.237-11 [Removed]
0
6. Remove section 52.237-11.
[FR Doc. 2018-20709 Filed 9-25-18; 8:45 am]
BILLING CODE 6820-EP-P