[Federal Register Volume 79, Number 104 (Friday, May 30, 2014)]
[Rules and Regulations]
[Pages 31186-31187]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-12411]
[[Page 31185]]
Vol. 79
Friday,
No. 104
May 30, 2014
Part II
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; Final Rules
Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Rules
and Regulations
[[Page 31186]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2014-0051, Sequence No. 1]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-74; Introduction
AGENCIES: 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) 2005-74. 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 and comment dates see 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 2005-74 and
the specific FAR case number. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat at 202-501-
4755.
Rules Listed in FAC 2005-74
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Item Subject FAR Case Analyst
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I............... Commercial and 2012-024 Loeb.
Government Entity
Code.
II.............. Repeal of the 2014-016 Glover.
Recovery Act
Reporting
Requirements.
III............. Expansion of 2012-017 Chambers.
Applicability of
the Senior
Executive
Compensation
Benchmark.
IV.............. Contractor Comment 2012-028 Glover.
Period, Past
Performance
Evaluations.
V............... Defense Base Act.... 2012-016 Chambers.
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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 2005-74 amends the FAR as specified below:
Item I--Commercial and Government Entity Code (FAR Case 2012-024)
This final rule adds subpart 4.18, ``Commercial and Government
Entity Code,'' and related provisions and clauses, to the FAR. The new
subpart requires the use of Commercial and Government Entity (CAGE)
codes, including North Atlantic Treaty Organization (NATO) Cage (NCAGE)
codes for foreign entities, for awards valued above the micro-purchase
threshold. The final rule also requires offerors, if owned by another
entity, to identify that entity during System for Award Management
(SAM) registration. The rule effective date is November 1, 2014.
Item II--Repeal of the Recovery Act Reporting Requirements (FAR Case
2014-016)
This final rule adopts as final, with changes, two interim rules
published on March 31, 2009, and July 2, 2010, under FAR case numbers
2009-009 and 2010-008. The interim rules amended the FAR to implement
reporting requirements of the American Recovery and Reinvestment Act in
subpart 4.15, 42.15, and clause 52.204-11, American Recovery and
Reinvestment Act-Reporting Requirements. Future reporting requirements
after January 31, 2014, were repealed by section 627 of Division E of
the Consolidated Appropriations Act, FY 2014 (Pub. L. 113-76). The
reporting Web site has closed for future reporting. This rule does not
change the reporting required by the Federal Funding Accountability and
Transparency Act of 2006 (FFATA) on existing contracts, as implemented
in FAR subpart 4.14 and clause 52.204-10, Reporting Executive
Compensation and First-Tier Subcontract Awards. Therefore, contractors
and agencies are still required to continue their FFATA reporting on
existing contracts, as implemented in FAR subpart 4.14 and clause
52.204-10, Reporting Executive Compensation and First-Tier Subcontract
Awards.
Item III--Expansion of Applicability of the Senior Executive
Compensation Benchmark (FAR Case 2012-017)
This final rule adopts, without change, the interim rule published
on June 26, 2013, at 78 FR 38535. The interim final rule amended the
FAR by expanding the reach of the limitation on allowability of
compensation for certain contractor personnel from a contractor's five
most highly paid executives to all employees, but only for contracts
with the Department of Defense (DoD), the National Aeronautical and
Space Administration (NASA), and Coast Guard. The interim rule
implemented section 803 of the National Defense Authorization Act for
Fiscal Year 2012 (Pub. L. 112-81). Prior to the interim rule, this
limitation on the allowability of compensation, which is an amount set
annually by the Office of Federal Procurement Policy, applied only to a
contractor's five most highly paid executives at each of their home
office(s) and any segments that report directly to the contractors
headquarters, and covered all Federal agencies. Under the interim and
this final rule, the application of this limitation to a contractor's
five most highly paid executives continues for agencies other than DoD,
NASA, and the Coast Guard. Because most contracts awarded to small
businesses are awarded on a competitive, fixed-price basis, the impact
of this compensation limitation on small businesses will be minimal.
Item IV--Contractor Comment Period, Past Performance Evaluations (FAR
Case 2012-028)
This final rule implements sections 853 of the National Defense
Authorization Act (NDAA) for Fiscal Year (FY) 2013 (Pub. L. 112-239,
enacted January 2, 2013) and 806 of the NDAA for FY 2012 (Pub. L. 112-
81, enacted December 31, 2011; 10 U.S.C. 2302 Note). These statutes
require the Government to provide past performance information to
source selection officials more quickly and to
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give contractors 14 calendar days from the date of delivery of past
performance evaluations to submit comments, rebuttals, or additional
information for inclusion in the past performance database. The
evaluations will be posted to the database no later than 14 days after
the evaluations are provided to the contractor. If a contractor has
submitted comments to the Government and the Government has not closed
the evaluation (i.e., reconciled the comments), the evaluation as well
as any contractor comment will be posted to the database automatically
14 days after the evaluations are provided to the contractor. In this
case, the database will apply a ``Contractor Comment Pending Government
Review'' notification to the evaluation. Once the Government completes
the evaluation, the database will be updated the following day and
remove this notification. Contractors will also still be allowed to
submit comments after the 14-day period.
Item V--Defense Base Act (FAR Case 2012-016)
This final rule amends the FAR to clarify contractor and
subcontractor responsibilities to obtain workers' compensation
insurance or to qualify as a self-insurer, and other requirements,
under the terms of the Longshore and Harbor Workers' Compensation Act
(33 U.S.C. 901, et seq.) as extended by the Defense Base Act (42 U.S.C.
1651, et seq.). This Act provides disability compensation, medical
benefits, and death benefits, for certain employment outside of the
United States. The rule only clarifies the current responsibilities of
contractors under the Defense Base Act and Department of Labor (DOL)
regulations, and does not initiate or impose any new administrative or
performance requirements. This final rule has no impact on small
business entities since it is merely clarifying already existing
statutory and DOL regulatory requirements, and imposes no new
requirements.
Dated: May 22, 2014.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy,
Office of Acquisition Policy, Office of Government-Wide Policy.
Federal Acquisition Circular (FAC) 2005-74 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 2005-74 is
effective May 30, 2014 except for item I, which is effective November
1, 2014, and items IV and V, which are effective July 1, 2014.
Dated: May 20, 2014.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: May 22, 2014.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: May 20, 2014.
Ronald A. Poussard,
Director, Contract Management Division, National Aeronautics and Space
Administration.
[FR Doc. 2014-12411 Filed 5-29-14; 8:45 am]
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