[Federal Register Volume 79, Number 240 (Monday, December 15, 2014)]
[Rules and Regulations]
[Page 74554]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-29148]
[[Page 74554]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR 2014-0052, Sequence No. 7]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-79; 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.
-----------------------------------------------------------------------
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) 2005-79, 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 2005-79, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.
DATES: December 15, 2014.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-79 and the FAR case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat at 202-
501-4755.
----------------------------------------------------------------------------------------------------------------
Item Subject FAR Case Analyst
----------------------------------------------------------------------------------------------------------------
*I............................ Establishing a Minimum Wage for 2015-003 Loeb
Contractors.
II............................ Prohibition on Contracting with 2014-017 Jackson
Inverted Domestic Corporations.
----------------------------------------------------------------------------------------------------------------
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 2005-79 amends the FAR as specified below:
Item I--Establishing a Minimum Wage for Contractors (FAR Case 2015-003)
DoD, GSA, and NASA are issuing an interim rule amending the FAR to
implement Executive Order (E.O.) 13658 and a Department of Labor (DOL)
final rule issued on October 7, 2014, both entitled Establishing a
Minimum Wage for Contractors. The interim rule establishes a new
minimum wage for covered service and construction contracts of $10.10
per hour, which will be adjusted annually, by the DOL. Contracting
officers will include a clause in covered contracts and, if requested
by the contractor and if appropriate, will adjust contract prices for
the annual adjustments in the E.O. minimum wage. Contractors shall
consider any subcontractor request, including requests by small
businesses subcontractors, for a subcontract price adjustment due to
the annual adjustment in the E.O. minimum wage.
Item II--Prohibition on Contracting With Inverted Domestic Corporations
(FAR Case 2014-017)
This interim rule amends the provisions of the FAR that address the
continuing Governmentwide statutory prohibition (in effect since fiscal
year (FY) 2008) on the award of contracts using appropriated funds to
any foreign incorporated entity that is an inverted domestic
corporation (under section 835 of the Homeland Security Act of 2002,
codified at 6 U.S.C. 395) or to any subsidiary of such entity. In
particular, this rule amends FAR 9.108 to revise the FAR coverage,
including the language of solicitation provisions and contract clauses,
so that it more clearly reflects the ongoing, continuing nature of the
statutory prohibition on contracting with inverted domestic
corporations and their subsidiaries.
This rule is not expected to have an effect on small business
because this rule will only impact an offeror that is a foreign
incorporated entity that is treated as an inverted domestic corporation
and wants to do business with the Government. Small business concerns
are unlikely to have been incorporated in the United States and then
reincorporated in a tax haven.
Dated: December 5, 2014.
William Clark,
Acting Director, Office of Government-wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2014-29148 Filed 12-12-14; 8:45 am]
BILLING CODE 6820-EP-P