[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4965-4967]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-01523]
[[Page 4965]]
Vol. 80
Thursday,
No. 19
January 29, 2015
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. 80 , No. 19 / Thursday, January 29, 2015 /
Rules and Regulations
[[Page 4966]]
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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. 8]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-80; 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) 2005-80. 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 2005-80 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 2005-80
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Item Subject FAR case Analyst
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I..................................... Ending Trafficking in Persons. 2013-001 Davis.
II.................................... Management and Oversight of 2014-008 Jackson.
the Acquisition of Services.
III................................... Technical Amendments
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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 2005-80 amends the FAR as specified below:
Item I--Ending Trafficking in Persons (FAR Case 2013-001)
This final rule amends the FAR to implement Executive Order 13627
and Title XVII of the National Defense Authorization Act for Fiscal
Year 2013 and promotes the United States policy prohibiting trafficking
in persons. Contractors and subcontractors must disclose to employees
the key conditions of employment, starting with wages and work
location; no recruiting fees are allowed to be charged to employees.
Compliance plans and annual certifications are required for
portions of contracts over $500,000 performed outside the United
States, except for commercially available off-the-shelf items of
supply; plans shall be appropriate to the size and complexity of the
contract or subcontract, and the nature and scope of the activities
under the contract or subcontract. These plan exceptions will
significantly reduce the impact on small entities.
Contracting officers should specify in the contract whether a
written employee work document is required, which notifies the employee
of certain details about the work and about trafficking in persons. The
contracting officer is also required to notify the agency Inspector
General, debarring and suspending official, and, if appropriate, law
enforcement of credible information regarding violations. The
contracting officer is required to put into FAPIIS violations
substantiated by the agency Inspector General, after a final agency
determination.
Item II--Management and Oversight of the Acquisition of Services (FAR
Case 2014-008)
This final rule amends the FAR to implement a recommendation to
strengthen guidance on service acquisitions by incorporating at FAR
37.101 the definitions relating to ``uncompensated overtime'' presently
set forth in FAR 52.237-10(a), except that the defined term
``uncompensated overtime rate'' has been changed to ``adjusted hourly
rate (including uncompensated overtime).'' Additionally, the definition
of the new term ``adjusted hourly rate (including uncompensated
overtime)'' clarifies that the proposed hours per week include
uncompensated overtime hours over and above the standard 40-hour work
week. FAR 52.237-10 is further amended to clarify the application of
the adjusted hourly rate, and categorization of proposed hours subject
to the adjusted hourly rate. In addition, FAR 52.237-10 has been
amended to reflect that all proposed labor hours subject to the
adjusted hourly rate shall be identified as either regular or overtime
hours, by labor categories. Finally, FAR 37.115-2 has been amended to
add a paragraph (d) to clarify that when there is uncompensated
overtime, the adjusted hourly rate, rather than the hourly rate shall
be applied to all proposed hours, whether regular or overtime hours.
This rule is not expected to have a significant cost or
administrative impact on contractors or offerors. This final rule is
also not expected to have a significant impact on contracting officers
because it only clarifies policy that is already stated in the FAR.
These requirements affect only the internal operating procedures of the
Government.
Item III--Technical Amendments
Editorial changes are made at FAR 46.202-4, 52.212-3, and 52.225-
18.
Dated: January 22, 2015.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2005-80 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 2005-80 is
effective March 2, 2015.
[[Page 4967]]
Dated: January 22, 2015.
Richard Ginman,
Director, Defense Procurement and Acquisition Policy.
Dated: January 22, 2015.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
Dated: January 21, 2015.
William P. McNally,
Assistant Administrator, Office of Procurement National Aeronautics and
Space Administration.
[FR Doc. 2015-01523 Filed 1-28-15; 8:45 am]
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