Federal Acquisition Regulation; Federal Acquisition Circular 2020-06; Introduction

Published date06 May 2020
Citation85 FR 27086
Record Number2020-07107
SectionRules and Regulations
CourtDefense Department,General Services Administration,National Aeronautics And Space Administration
Federal Register, Volume 85 Issue 88 (Wednesday, May 6, 2020)
[Federal Register Volume 85, Number 88 (Wednesday, May 6, 2020)]
                [Rules and Regulations]
                [Page 27086]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-07107]
                [[Page 27085]]
                Vol. 85
                Wednesday,
                No. 88
                May 6, 2020
                Part III
                Department of Defense
                General Services Administration
                National Aeronautics and Space Administration
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                48 CFR Chapter 1
                Federal Acquisition Regulations; Final Rules
                Federal Register / Vol. 85, No. 88 / Wednesday, May 6, 2020 / Rules
                and Regulations
                [[Page 27086]]
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                DEPARTMENT OF DEFENSE
                GENERAL SERVICES ADMINISTRATION
                NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
                48 CFR Chapter 1
                [Docket No. FAR-2020-0051, Sequence No. 2]
                Federal Acquisition Regulation; Federal Acquisition Circular
                2020-06; Introduction
                AGENCY: 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) 2020-06. A companion document, the Small
                Entity Compliance Guide (SECG), follows this FAC.
                DATES: For effective date see the separate documents, which follow.
                ADDRESSES: The FAC, including the SECG, is available via the internet
                at http://www.regulations.gov.
                FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the
                table below in relation to the FAR case. For information pertaining to
                status or publication schedules, contact the Regulatory Secretariat
                Division at 202-501-4755.
                 Rule Listed in FAC 2020-06
                ----------------------------------------------------------------------------------------------------------------
                 Item Subject FAR case Analyst
                ----------------------------------------------------------------------------------------------------------------
                I.............................. Revocation of Executive Order 2020-001 Delgado.
                 on Nondisplacement of
                 Qualified Workers.
                II............................. Applicability of Inflation 2018-007 Delgado.
                 Adjustments of Acquisition-
                 Related Thresholds.
                III............................ Tax on Certain Foreign 2016-013 Delgado.
                 Procurement.
                IV............................. Technical Amendments...........
                ----------------------------------------------------------------------------------------------------------------
                SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
                actual revisions and/or amendments made by these FAR rules, refer to
                the specific item numbers and subjects set forth in the documents
                following these item summaries. FAC 2020-06 amends the FAR as follows:
                Item I--Revocation of Executive Order on Nondisplacement of Qualified
                Workers (FAR Case 2020-001)
                 This final rule removes subpart 22.12, entitled ``Nondisplacement
                of Qualified Workers Under Service Contracts'', and a related contract
                clause, from the FAR. The final rule applies to service contracts which
                succeed a contract for performance by service employees of the same or
                similar work at the same location. It removes a requirement for service
                contractors and their subcontractors to offer employees of the
                predecessor contractor and its subcontractors a right of first refusal
                of employment for positions for which they are qualified. It implements
                Executive Order 13897 of October 31, 2019, Improving Federal Contractor
                Operations by Revoking Executive Order 13495. This final rule will not
                have a significant impact on service contractors and their
                subcontractors. However, as a result of eliminating the language in FAR
                subpart 22.12, there will be fewer requirements imposed on contractors
                to keep records demonstrating compliance on successor contractors.
                Item II--Applicability of Inflation Adjustments of Acquisition-Related
                Thresholds (FAR Case 2018-007)
                 This final rule makes inflation adjustments of statutory
                acquisition-related thresholds under 41 U.S.C. 1908 applicable to
                existing contracts and subcontracts in effect on the date of the
                adjustment. It implements section 821 of the National Defense
                Authorization Act for Fiscal Year 2018.
                 This final rule will not have a significant economic impact on a
                substantial number of small entities.
                Item III--Tax on Certain Foreign Procurement (FAR Case 2016-013)
                 This final rule withholds a 2 percent tax on contract payments made
                by the United States (U.S.) Government to foreign persons pursuant to
                certain contracts. This rule applies to Federal Government contracts
                for goods or services that are awarded to foreign persons. It
                implements the Department of the Treasury final regulations published
                in the Federal Register at 81 FR 55133 on August 18, 2016, under
                section 5000C of the Internal Revenue Code relating to the 2 percent
                tax on payments made by the U.S. Government to foreign entities
                pursuant to certain contracts.
                 This final rule will not have a significant economic impact on a
                substantial number of small entities.
                Item IV--Technical Amendments
                 Editorial changes are made at FAR 4.1102, 19.102, 25.301-1, 25.301-
                4, 52.219-28, 52.223-15, and 52.225-19.
                 Federal Acquisition Circular (FAC) 2020-06 is issued under the
                authority of the Secretary of Defense, the Administrator of General
                Services, and the Administrator of National Aeronautics and Space
                Administration.
                 Unless otherwise specified, all Federal Acquisition Regulation
                (FAR) and other directive material contained in FAC 2020-06 is
                effective May 6, 2020 except for Items I, II, and III, which are
                effective June 5, 2020.
                William F. Clark,
                Director, Office of Government-wide Acquisition Policy, Office of
                Acquisition Policy, Office of Government-wide Policy.
                Kim Herrington,
                Acting Principal Director, Defense Pricing and Contracting, Department
                of Defense.
                Jeffrey A. Koses,
                Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
                U.S. General Services Administration.
                William G. Roets, II,
                Acting Assistant Administrator, Office of Procurement, National
                Aeronautics and Space Administration.
                [FR Doc. 2020-07107 Filed 5-5-20; 8:45 am]
                 BILLING CODE 6820-EP-P
                

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