82566 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2010–0076, Sequence 10] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–48; 

Introduction 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of rules. 

SUMMARY: This document summarizes 

the Federal Acquisition Regulation 

(FAR) rules agreed to by DOD, GSA, and 

NASA in this Federal Acquisition 

Circular (FAC) 2005–48. 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 separate 

documents, which follow. 

FOR FURTHER INFORMATION CONTACT: The 

analyst whose name appears in the table 

below in relation to each FAR case. 

Please cite FAC 2005–48 and the 

specific FAR case numbers. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at (202) 501– 

4755. 

LIST OF RULES IN FAC 2005–48 

Item Subject FAR Case Analyst 

I ....... Repeal of the Small Business Competitiveness Demonstration Program ........................................................... 2011–005 Morgan. 

II ...... Personal Identity Verification of Contractor Personnel ........................................................................................ 2009–027 Jackson. 

III ..... Terminating Contracts .......................................................................................................................................... 2009–031 Parnell. 

IV .... Payrolls and Basic Records ................................................................................................................................. 2009–018 McFadden. 

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments made by these FAR cases, 

refer to the specific item number and 

subject set forth in the documents 

following these item summaries. FAC 

2005–48 amends the FAR as specified 

below: 

Item I—Repeal of the Small Business 

Competitiveness Demonstration 

Program (FAR Case 2011–005) 

This final rule amends the FAR to 

remove FAR subpart 19.10, Small 

Business Competitiveness 

Demonstration Program. This change is 

necessary to address the requirements of 

section 1335 of the Small Business Jobs 

Act of 2010 (Pub. L. 111–240) which 

repealed the Small Business 

Competitiveness Demonstration 

Program. 

This final rule also removes the 

following clauses: FAR 52.219–19, 

Small Business Concern Representation 

for the Small Business Competitiveness 

Demonstration Program; FAR 52.219– 

20, Notice of Emerging Small Business 

Set-Aside; and FAR 52.219–21, Small 

Business Size Representation for 

Targeted Industry Categories under the 

Small Business Competitiveness 

Demonstration Program. 

Item II—Personal Identity Verification 

of Contractor Personnel (FAR Case 

2009–027) 

This final rule amends the FAR to 

provide additional regulatory coverage 

in subpart 4.13 and in FAR clause 

52.204–9 to reinforce the requirement of 

collecting from contractors all forms of 

Government-provided identification 

once they are no longer needed to 

support a contract. The contracting 

officer may delay final payment under 

a contract if the contractor fails to 

comply with these requirements. 

Item III— Terminating Contracts (FAR 

Case 2009–031) 

This final rule amends the FAR to 

clarify procedures regarding the 

applicability of FAR part 49, 

Termination of Contracts, to commercial 

item contracts. Minor changes are made 

to the proposed rule published in the 

Federal Register at 75 FR 28228 on May 

20, 2010. 

The rule specifically impacts 

contracting officers and contractors by 

clarifying that FAR part 49 does not 

apply to the acquisition of commercial 

items when using procedures at FAR 

part 12. The rule does not have a 

significant economic impact on small 

entities because the rule does not 

impose any additional requirements on 

small businesses. 

Item IV— Payrolls and Basic Records 

(FAR Case 2009–018) 

This rule adopts as final, with a minor 

change, the interim rule published in 

the Federal Register at 75 FR 34286 on 

June 16, 2010. The interim rule 

amended the FAR at 52.222–8, Payrolls 

and Basic Records to delete the 

requirement for submission of full social 

security numbers and home addresses of 

individual workers on weekly payroll 

transmittals by prime contractors. The 

rule requires contractors and 

subcontractors to maintain the full 

social security number and current 

address of each covered worker, and 

provide them upon request to the 

contracting officer, the contractor, or the 

Wage and Hour Division of the 

Department of Labor for purposes of an 

investigation or audit of compliance 

with prevailing wage requirements. The 

rule recognizes the Department of 

Labor’s finding that complete social 

security numbers and home addresses 

for individual workers are personal 

information to the worker and that any 

unnecessary disclosure and submittal of 

such information creates an exposure to 

identity theft and the invasion of 

privacy for workers. 

Dated: December 22, 2010. 

Millisa Gary, 

Acting Director, Federal Acquisition Policy 

Division. 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005–48 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 2005–48 is effective December 

30, 2010, except for Items I, II, and III 

which are effective January 31, 2011. 


emcdonald on DSK2BSOYB1PROD with RULES4
Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82567 

Dated: December 22, 2010. 

Shay D. Assad, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: December 22, 2010. 

Joseph A. Neurauter, 

Deputy Associate Administrator and Senior 

Procurement Executive, Office of General 

Services Acquisition Policy, Integrity, and 

Workforce, U.S. General Services 

Administration. 

Dated: December 21, 2010. 

Sheryl J. Goddard, 

Acting Assistant Administrator for 

Procurement, National Aeronautics and 

Space Administration. 

[FR Doc. 2010–32901 Filed 12–29–10; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 4, 12, 19, 22, 52, and 

53 

[FAC 2005–48; FAR Case 2011–005; Item 

I; Docket 2010–0112, Sequence 1] 

RIN 9000–AL87 

Federal Acquisition Regulation; Repeal 

of the Small Business Competitiveness 

Demonstration Program 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

remove FAR coverage of the Small 

Business Competitiveness 

Demonstration Program, to meet the 

requirements of section 1335 of the 

Small Business Jobs Act of 2010. 

DATES: Effective Date: January 31, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Karlos Morgan, Procurement Analyst, at 

(202) 501–2364. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAC 2005–48, FAR Case 2011–005. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends the FAR to 

delete subpart 19.10 to meet the 

requirements of section 1335 of the 

Small Business Jobs Act of 2010 (Pub. 

L. 111–240), referred to as the Act. 

Section 1335 of the Act amended the 

Business Opportunity Development 

Reform Act of 1988 (Pub. L. 100–656) by 

striking Title VII (15 U.S.C. 644 note), 

the Small Business Competitiveness 

Demonstration Program. In accordance 

with the Act, the repeal of the Small 

Business Competitiveness 

Demonstration Program became 

immediately effective upon the 

enactment of the Act and it will apply 

to the first full fiscal year after the 

September 27, 2010, date of enactment. 

This change will remove the policy, 

procedures, provisions, clauses, and the 

information collection and 

recordkeeping requirements associated 

with the Small Business 

Competitiveness Demonstration 

Program, and will update forms deleting 

any references to the program. 

II. Executive Order 12866 

This is not a significant regulatory 

action and, therefore, was not 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. 

III. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule. This final rule 

does not constitute a significant FAR 

revision within the meaning of FAR 

1.501–3(a) and 41 U.S.C. 418b, and 

publication for public comments is not 

required. 

IV. Paperwork Reduction Act 

The final rule removes the 

information collection requirements 

associated with the Small Business 

Competitiveness Demonstration 

Program under OMB Clearance 9000– 

0100, and does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. chapter 35. 

List of Subjects in 48 CFR Parts 1, 4, 12, 

19, 22, 52, and 53 

Government procurement. 

Dated: December 22, 2010. 

Millisa Gary, 

Acting Director, Federal Acquisition Policy 

Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 1, 4, 12, 19, 22, 52, 

and 53 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 1, 4, 12, 19, 22, 52, and 53 

continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c). 

PART 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

1.106 [Amended] 

■ 2. Amend section 1.106, in the table 

following the introductory paragraph, 

by removing FAR segments 52.219–19, 

52.219–20, and 52.219–21, and their 

corresponding OMB Control Number 

9000–0100. 

PART 4—ADMINISTRATIVE MATTERS 

■ 3. Amend section 4.603 by revising 

paragraph (b) to read as follows: 

4.603 Policy. 

* * * * * 

(b) Executive agencies shall use FPDS 

to maintain publicly available 

information about all contract actions 

exceeding the micro-purchase 

threshold, and any modifications to 

those actions that change previously 

reported contract action report data, 

regardless of dollar value. 

* * * * * 

4.606 [Amended] 

■ 4. Amend section 4.606 by removing 

paragraph (a)(2); and redesignating 

paragraphs (a)(3) and (a)(4) as 

paragraphs (a)(2) and (a)(3), 

respectively. 

4.1202 [Amended] 

■ 5. Amend section 4.1202 by removing 

paragraphs (k) and (l); and redesignating 

paragraphs (m) through (ee) as 

paragraphs (k) through (cc), 

respectively. 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

12.303 [Amended] 

■ 6. Amend section 12.303 by removing 

from the end of paragraph (b)(1) ‘‘, or if 

set aside for emerging small businesses’’. 

12.603 [Amended] 

■ 7. Amend section 12.603 by removing 

the second sentence of paragraph 

(c)(2)(iv). 

PART 19—SMALL BUSINESS 

PROGRAMS 

19.304 [Amended] 

■ 8. Amend section 19.304 by removing 

from the first sentence in the 

introductory text in paragraph (c) 

‘‘52.212–3(c)(9)’’ and adding ‘‘52.212– 

3(c)(8)’’ in its place. 

■ 9. Amend section 19.502–2 by 

revising the last sentence in paragraph 

(a); and by removing paragraph (d). 

The revised text reads as follows: 


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