[Federal Register Volume 80, Number 19 (Thursday, January 29, 2015)]
[Rules and Regulations]
[Pages 4966-4967]
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
----------------------------------------------------------------------------------------------------------------
                 Item                               Subject                FAR case              Analyst
----------------------------------------------------------------------------------------------------------------
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.


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    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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