REGULATORY AGENDA
Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)
Unknown Section
Pages 40144-40149
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
FR Doc No: 2011-15499
Page 40143
Vol. 76
Thursday,
No. 130
July 7, 2011
Part XVII
Department of Defense
General Services Administration
National Aeronautics and Space Administration
Federal Acquisition Regulation; Semiannual Regulatory Agenda
Unified Agenda
Page 40144
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Ch. 1
Semiannual Regulatory Agenda
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Semiannual regulatory agenda.
SUMMARY: This agenda provides summary descriptions of regulations being developed by the Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council in compliance with Executive Order 12866, ``Regulatory Planning and Review.'' This agenda is being published to allow interested persons an opportunity to participate in the rulemaking process.
The Regulatory Secretariat Division has attempted to list all regulations pending at the time of publication, except for minor and routine or repetitive actions; however, unanticipated requirements may result in the issuance of regulations that are not included in this agenda. There is no legal significance to the omission of an item from this listing. Also, the dates shown for the steps of each action are estimated and are not commitments to act on or by the dates shown.
Published proposed rules may be reviewed in their entirety at the
Government's rulemaking Web site at http://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Hada Flowers, Division Director,
Regulatory Secretariat Director, Room 783E, 1275 First Street, NE.,
Washington, DC 20417, (202) 501-4755.
SUPPLEMENTARY INFORMATION: DoD, GSA, and NASA, under their several statutory authorities, jointly issue and maintain the FAR through periodic issuance of changes published in the Federal Register and produced electronically as Federal Acquisition Circulars (FACs).
The electronic version of the FAR, including changes, can be accessed on the FAR Web site at http://www.acquisition.gov/far.
Dated: March 8, 2011.
Joseph A. Neurauter,
Director, Office of Acquisition Policy and Senior Procurement
Executive.
DOD/GSA/NASA (FAR)--Proposed Rule Stage
Regulation
Sequence No.
Title
Identifier No.
-
FAR Case 2010-004,
9000-AM03
Biobased Procurements. 319....................... FAR Case 2010-011,
9000-AM04
Standard Form 330 for
Architect-Engineer
Services.
DOD/GSA/NASA (FAR)--Final Rule Stage
Regulation
Sequence No.
Title
Identifier No.
-
FAR Case 2009-009,
9000-AL21
American Recovery and
Reinvestment Act of 2009
(the Recovery Act)--
Reporting Requirements. 321....................... FAR Case 2010-008,
9000-AL63
Recovery Act Subcontract
Reporting Procedures. 322....................... FAR Case 2008-039,
9000-AL66
Reporting Executive
Compensation and First-
Tier Subcontract Awards. 323....................... FAR Case 2011-004, Socio-
9000-AL88
Economic Parity. 324....................... FAR Case 2010-015, Woman-
9000-AL97
Owned Small Business
Federal Contract
Assistance Program. 325....................... FAR Case 2009-016,
9000-AM05
Constitutionality of
Federal Contracting
Programs for Minority-
Owned and Other Small
Businesses.
DOD/GSA/NASA (FAR)--Long-Term Actions
Regulation
Sequence No.
Title
Identifier No.
-
FAR Case 2011-015,
9000-AM08
Extension of Sunset Date for Protests of Task and
Delivery Orders.
DOD/GSA/NASA (FAR)--Completed Actions
Regulation
Sequence No.
Title
Identifier No.
-
FAR Case 2006-005, HUBZone
9000-AL18
Program Revisions.
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DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION (FAR)
Proposed Rule Stage 318. FAR Case 2010-004, Biobased Procurements
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. 137; 42 U.S.C. 2473(c)
Abstract: DoD, GSA, and NASA are proposing to amend the Federal
Acquisition Regulation (FAR) to implement changes to 7 U.S.C. 8102, as amended by Public Law 110-246. The rule proposes to change the definition of ``biobased product'' and require contractors to report annually the product types and dollar value of any biobased products purchased during the preceding fiscal year on service and construct contracts where such products may be purchased.
Timetable:
Action
Date
FR Cite
NPRM................................ 06/00/11 .......................
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Clark, Procurement Analyst, DOD/GSA/NASA
(FAR), 1275 First Street, NE., Washington, DC 20417, Phone: 202 219- 1813, E-mail: william.clark@gsa.gov.
RIN: 9000-AM03 319. FAR Case 2010-011, Standard Form 330 for Architect-Engineer
Services
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 42 U.S.C. 2473(c)
Abstract: This rule deletes part 2 of the SF 330, which collects general qualifications data not related to a particular planned contract action. The Online Representations and Certifications
Application (ORCA) now collects this data centrally from interested A&E vendors at the time they complete the other representations and certifications in ORCA. This rule is being routed for review and comments.
Timetable:
Action
Date
FR Cite
NPRM................................ 09/00/11 .......................
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Curtis Glover, DOD/GSA/NASA (FAR), 1275 First
Street, NE., Washington, DC 20417, Phone: 202 501-1448, E-mail: curtis.glover@gsa.gov.
RIN: 9000-AM04
DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION (FAR)
Final Rule Stage 320. FAR Case 2009-009, American Recovery and Reinvestment Act of 2009
(The Recovery Act)--Reporting Requirements
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 42 U.S.C. 2473(c)
Abstract: DoD, GSA, and NASA will adopt as final, the interim rule that amended the Federal Acquisition Regulation (FAR) to implement section 1512 of Division A of the American Recovery and Reinvestment
Act of 2009, which requires contractors to report on their use of
Recovery Act funds.
Timetable:
Action
Date
FR Cite
Interim Final Rule.................. 03/31/09 74 FR 14639
Interim Final Rule Comment Period
06/01/09 .......................
End.
Final Rule.......................... 09/00/11 .......................
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Clark, Procurement Analyst, DOD/GSA/NASA
(FAR), 1275 First Street, NE., Washington, DC 20417, Phone: 202 219- 1813, E-mail: william.clark@gsa.gov.
RIN: 9000-AL21 321. FAR Case 2010-008, Recovery Act Subcontract Reporting Procedures
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 42 U.S.C. 2473(c)
Abstract: DoD, GSA and NASA will adopt as a final rule amending the
FAR to revise three subparagraphs and add one subparagraph to the clause at FAR 52.204-11. This rule does not require renegotiation of existing Recovery Act contracts that include the clause dated March 2009 (published at 74 FR 14639). This change will require first-tier subcontractors with Recovery Act funded awards of $25,000 or more, to report jobs information to the prime contractor for reporting into
FederalReporting.gov. It also will require the prime contractor to submit its first report on or before the 10th day after the end of the calendar quarter in which the prime contractor received the award, and quarterly thereafter.
Timetable:
Action
Date
FR Cite
Interim Final Rule.................. 07/02/10 75 FR 38684
Interim Final Rule Comment Period
08/31/10 .......................
End.
Final Rule.......................... 09/00/11 .......................
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Karlos Morgan, Procurement Analyst, DOD/GSA/NASA
(FAR), 1275 First Street, NE., Washington, DC 20417, Phone: 202 501- 2364, E-mail: karlos.morgan@gsa.gov.
RIN: 9000-AL63 322. FAR Case 2008-039, Reporting Executive Compensation and First-Tier
Subcontract Awards
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 42 U.S.C. 2473(c)
Abstract: DoD, GSA, and NASA will adopt as final, with changes, the interim rule that amended the Federal Acquisition Regulation (FAR) to implement section 2 of the Federal Funding Accountability and
Transparency Act of 2006 (Pub. L. 109-282), as amended by section 6202 of Public Law 110-252, which requires the Office of Management and
Budget (OMB) to establish a free, public, website containing full disclosure of all Federal contract award information. This rule requires contractors to report executive compensation and first-tier subcontractor awards on contracts expected to be $25,000 or more, except classified contracts, and contracts with individuals.
Timetable:
Action
Date
FR Cite
Interim Final Rule.................. 07/08/10 75 FR 39414
Interim Final Rule Comment Period
09/07/10 .......................
End.
Final Rule.......................... 06/00/11 .......................
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: William Clark, Procurement Analyst, DOD/GSA/NASA
(FAR), 1275 First Street, NE., Washington, DC 20417, Phone: 202 219- 1813, E-mail: william.clark@gsa.gov.
RIN: 9000-AL66 323. FAR Case 2011-004, Socio-Economic Parity
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 42 U.S.C. 2473(c)
Abstract: DoD, GSA, and NASA issued an interim rule amending the
Federal Acquisition Regulation (FAR) to implement section 1347 of the
``Small Business Jobs Act of 2010.'' Section 1347 clarifies the contracting officer's
Page 40146
ability to use discretion when determining whether an acquisition will be restricted to small businesses participating in the 8(a), HUBZone, or Service-disabled veteran-owned programs. There is no order of priority among small businesses in the 8(a) Business Development program, the HUBZone program, or the SDVOSB program.
Timetable:
Action
Date
FR Cite
Interim Final Rule.................. 03/16/11 76 FR 14566
Interim Final Rule Effective........ 03/16/11 .......................
Interim Final Rule Comment Period
05/16/11 .......................
End.
Final Action........................ 09/00/11 .......................
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Karlos Morgan, Procurement Analyst, DOD/GSA/NASA
(FAR), 1275 First Street, NE., Washington, DC 20417, Phone: 202 501- 2364, E-mail: karlos.morgan@gsa.gov.
RIN: 9000-AL88 324. FAR Case 2010-015, Woman-Owned Small Business Federal Contract
Assistance Program
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 42 U.S.C. 2473(c)
Abstract: DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement the Small
Business Administration's regulations establishing the Women-Owned
Small Business Program.
The Small Business Act assists in leveling the procurement playing field to enable small business concerns, including women-owned small business (WOSB) concerns and economically disadvantaged women-owned small business (EDWOSB) concerns, to compete for Federal contracting opportunities.
On December 21, 2000, Congress enacted the Small Business
Reauthorization Act of 2000 (``Act'') (Pub. L. 106-554). Section 811 of
Appendix I of the Act amended the Small Business Act to include section 8(m), which authorized the restriction of competition for Federal contracts in certain industries to EDWOSB concerns or WOSB concerns eligible under the WOSB Program.
This interim rule provides the contracting community additional resources to meet the Government's procurement needs. The addition of
FAR subpart 19.15 incorporates coverage of the Women-Owned Small
Business Program.
Timetable:
Action
Date
FR Cite
Interim Final Rule.................. 04/01/11 76 FR 18304
Interim Final Rule Effective........ 04/01/11 .......................
Interim Final Rule Comment Period
05/31/11 .......................
End.
Final Action........................ 09/00/11 .......................
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Karlos Morgan, Procurement Analyst, DOD/GSA/NASA
(FAR), 1275 First Street, NE., Washington, DC 20417, Phone: 202 501- 2364, E-mail: karlos.morgan@gsa.gov.
RIN: 9000-AL97 325. FAR Case 2009-016, Constitutionality of Federal Contracting
Programs for Minority-Owned and Other Small Businesses
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 42 U.S.C. 2473(c)
Abstract: This rule implements the decision of the Rothe case. The
Rothe case concerns the constitutionality of 10 U.S.C. 2323, section 1207 as enacted in 2006, that sets a 5 percent goal of DOD contracting dollars to small businesses, incorporating minorities and the award of contracts to SDBs at prices up to 10 percent above the fair market price. The Rothe case found that section 1207 is ``facially unconstitutional'' and impacts not only SDBs but certain institutions of higher learning (i.e., HBCUs/MIs). This is a significant regulatory action and, therefore, was subject to review under Section 6(b) of
Executive Order 12866, Regulatory Planning and Review dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.
Timetable:
Action
Date
FR Cite
Interim Final Rule.................. 09/00/11 .......................
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Karlos Morgan, Procurement Analyst, DOD/GSA/NASA
(FAR), 1275 First Street, NE., Washington, DC 20417, Phone: 202 501- 2364, E-mail: karlos.morgan@gsa.gov.
RIN: 9000-AM05
DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION (FAR)
Long-Term Actions 326. FAR Case 2011-015, Extension of Sunset Date for Protests of Task and Delivery Orders
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; 42 U.S.C. 2473(c)
Abstract: This interim rule amends the Federal Acquisition
Regulation (FAR) to implement section 825 of the Ike Skelton National
Defense Authorization Act for Fiscal Year 2011. The statute extends the sunset date for protests against the award of task or delivery orders by DoD, NASA, and the Coast Guard from May 27, 2011 to September 30, 2016.
Timetable:
Action
Date
FR Cite
Interim Final Rule..................
To Be Determined
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Deborah Lague, Procurement Analyst, DOD/GSA/NASA
(FAR), 1275 First Street, NE., Washington, DC 20417, Phone: 202 694- 8149, E-mail: deborah.lague@gsa.gov.
RIN: 9000-AM08
DEPARTMENT OF DEFENSE/GENERAL SERVICES ADMINISTRATION/NATIONAL
AERONAUTICS AND SPACE ADMINISTRATION (FAR)
Completed Actions 327. FAR Case 2006-005, Hubzone Program Revisions
Legal Authority: 40 U.S.C. 121(c); 10 U.S.C. ch 137; 42 U.S.C. 2473(c)
Abstract: DoD, GSA, and NASA are amending the Federal Acquisition
Regulation (FAR) to implement revisions to the Small Business
Administration's HUBZone Program as a result of revisions to the Small
Business Administration's regulations.
Completed:
Reason
Date
FR Cite
Final Action........................ 12/13/10 75 FR 77727
Final Action Effective.............. 01/12/11 .......................
Page 40147
Regulatory Flexibility Analysis Required: Yes.
Agency Contact: Karlos Morgan, Phone: 202 501-2364, E-mail: karlos.morgan@gsa.gov.
RIN: 9000-AL18
FR Doc. 2011-15499 Filed 7-6-11; 8:45 am
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