[Federal Register Volume 81, Number 94 (Monday, May 16, 2016)]
[Rules and Regulations]
[Pages 30449-30450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-11005]
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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. 2]
Federal Acquisition Regulation; Federal Acquisition Circular
2005-88; 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) 2005-88, 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 2005-88, which precedes this document.
These documents are also available via the Internet at http://www.regulations.gov.
DATES: May 16, 2016.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
the analyst whose name appears in the table below. Please cite FAC
2005-88 and the FAR case number. For information pertaining to status
or publication schedules, contact the Regulatory Secretariat Division
at 202-501-4755.
[[Page 30450]]
Rules Listed in FAC
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Item Subject FAR Case Analyst
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* I.............................. High Global Warming 2014-026 Gray.
Potential
Hydrofluorocarbons.
* II............................. Simplified Acquisition 2015-020 Francis.
Threshold for Overseas
Acquisitions in Support of
Humanitarian or
Peacekeeping Operations.
* III............................ Basic Safeguarding of 2011-020 Davis.
Contractor Information
Systems.
* IV............................. Improvement in Design-Build 2015-018 Glover.
Construction Process.
* V.............................. 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 2005-88 amends the FAR as follows:
Item I--High Global Warming Potential Hydrofluorocarbons (FAR Case
2014-026)
This final rule implements Executive branch policy in the
President's Climate Action Plan to procure, when feasible, alternatives
to high global warming potential-hydrofluorocarbons (HFCs). The rule
also requires contractors to report annually the amount of HFCs
contained in equipment delivered to the Government or added or taken
out of Government equipment under service contracts. This will allow
agencies to better meet the greenhouse gas emission reduction goals and
reporting requirements of the Executive Order 13693 on Planning for
Sustainability in the Next Decade. This rule applies to small entities
because about three-quarters of the affected contractors are small
businesses and precluding them would undermine the overall intent of
this policy. However, to minimize the impact this rule could have on
all businesses, especially small businesses, this rule only requires
tracking and reporting on equipment that normally contain 50 or more
pounds of HFCs. In addition, this rule does not impose a labeling
requirement for products that contain or are manufactured with HFCs,
unlike the labeling requirement that is required by statute for ozone-
depleting substances.
Item II--Simplified Acquisition Threshold for Overseas Acquisitions in
Support of Humanitarian or Peacekeeping Operations (FAR Case 2015-020)
This final rule amends the FAR to implement 41 U.S.C. 153, which
establishes a higher simplified acquisition threshold (SAT) for
overseas acquisitions in support of humanitarian or peacekeeping
operations. When FAR Case 2003-022 was published as a rule in 2004, the
definition for SAT at FAR 2.101 was changed, but the drafters of the
rule also inadvertently deleted the reference to overseas humanitarian
or peacekeeping missions and the requisite doubling of the SAT in those
circumstances. This rule reinstates the increased SAT for overseas
acquisitions for peacekeeping or humanitarian operations. Accordingly,
this rule provides contracting officers with more flexibility when
contracting in support of overseas humanitarian or peacekeeping
operations. This final rule does not place any new requirements on
small entities.
Item III--Basic Safeguarding of Contractor Information Systems (FAR
Case 2011-020)
This final rule amends the FAR to add a new FAR subpart 4.19 and
contract clause 52.204-21 for the basic safeguarding of covered
contractor information systems, i.e., that process, store, or transmit
Federal contract information. The clause does not relieve the
contractor of any other specific safeguarding requirement specified by
Federal agencies and departments as it relates to covered contractor
information systems generally or other Federal requirements for
safeguarding controlled unclassified information (CUI) as established
by Executive Order 13556. Systems that contain classified information,
or CUI such as personally identifiable information, require more than
the basic level of protection. This rule will not have a significant
economic impact on contractors (including small business concerns) or
the Government.
Item IV--Improvement in Design-Build Construction Process (FAR Case
2015-018)
This final rule revises the FAR to implement section 814 of the
Carl Levin and Howard P. `Buck' McKeon National Defense Authorization
Act for Fiscal Year 2015. When a two-phase design-build construction
acquisition is valued at greater than $4 million, section 814 requires
the head of the contracting activity to approve a contracting officer
determination to select more than five offerors to submit phase-two
proposals. The approval level is delegable no lower than the senior
contracting official within the contracting activity. This rule change
does not place any new requirements on small entities.
Item V--Technical Amendments
Editorial changes are made at FAR 1.106.
Dated: May 5, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2016-11005 Filed 5-13-16; 8:45 am]
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