60268 Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 

BUY AMERICAN ACT— 

CONSTRUCTION MATERIALS UNDER 

TRADE AGREEMENTS (SEP 2010) 

* * * * * 

(b) * * * 

(3) The requirement in paragraph (b)(2) of 

this clause does not apply to information 

technology that is a commercial item or to 

the construction materials or components 

listed by the Government as follows: 

[Contracting Officer to list applicable 

excepted materials or indicate ‘‘none’’] 

* * * * * 

[FR Doc. 2010–24206 Filed 9–28–10; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2010–0077, Sequence 8] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–46; 

Small Entity Compliance Guide 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of the 

Secretary of Defense, the Administrator 

of General Services and the 

Administrator of the National 

Aeronautics and Space Administration. 

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 rules 

appearing in Federal Acquisition 

Circular (FAC) 2005–46 which amend 

the FAR. Interested parties may obtain 

further information regarding these 

rules by referring to FAC 2005–46, 

which precedes this document. These 

documents are also 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. Please cite FAC 2005–46 and the 

specific FAR case number. For 

information pertaining to status or 

publication schedules, contact the 

Regulatory Secretariat at (202) 501– 

4755. 

LIST OF RULES IN FAC 2005–46 

Item Subject FAR case Analyst 

I .............. Equal Opportunity for Veterans (Interim) .............................................................................................. 2009–007 Woodson. 

II ............. Certification Requirement and Procurement Prohibition Relating to Iran Sanctions (Interim) .............. 2010–012 Davis. 

III ............ Termination for Default Reporting ......................................................................................................... 2008–016 Parnell. 

IV ........... Award-Fee Language Revision ............................................................................................................. 2008–008 Chambers. 

V ............. Offering a Construction Requirement–8(a) Program ............................................................................ 2009–020 Morgan. 

VI ........... Encouraging Contractor Policies to Ban Text Messaging While Driving (Interim) ................................ 2009–028 Clark. 

VII ........... Buy American Exemption for Commercial Information Technology—Construction Material (Interim) 2009–039 Davis. 

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 2005–46 amends the FAR as 

specified below: 

Item I—Equal Opportunity for Veterans 

(FAR Case 2009–007) (Interim) 

This interim rule with request for 

comments implements the Department 

of Labor’s (DoL) Office of Federal 

Contract Compliance Programs (OFCCP) 

final rule published in the Federal 

Register at 72 FR 44393 on August 8, 

2007, that implements amendments to 

the affirmative action provisions of the 

Vietnam Era Veterans’ Readjustment 

Assistance Act of 1972 (VEVRAA), as 

amended by the Jobs for Veterans Act 

(JVA). The rule re-titles FAR subpart 

22.13 from ‘‘Special Disabled Veterans, 

Veterans of the Vietnam Era, and Other 

Eligible Veterans’’ to ‘‘Equal Opportunity 

for Veterans.’’ Accordingly, FAR clause 

52.222–35 is also renamed ‘‘Equal 

Opportunity for Veterans’’ and 

incorporates the new categories and 

definitions of protected veterans as 

established by DoL. In addition, the 

FAR clause at 52.222–37, ‘‘Employment 

Reports on Special Disabled Veterans, 

Veterans of the Vietnam Era, and Other 

Eligible Veterans’’ is renamed 

‘‘Employment Reports on Veterans’’ and 

the new DoL requirements for using the 

VETS–100A report are incorporated. 

Lastly, the FAR provision at 52.222–38, 

‘‘Compliance with Veterans’ 

Employment Reporting Requirements,’’ 

is revised to incorporate new title 

references for FAR 52.222–37 and the 

new report form VETS–100A. 

Item II—Certification Requirement and 

Procurement Prohibition Relating to 

Iran Sanctions (FAR Case 2010–012) 

(Interim) 

This interim rule amends the FAR by 

enhancing efforts to enforce sanctions 

with Iran. The rule implements 

requirements imposed by the 

Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010 (Pub. L. 111–195), specifically 

sections 102 and 106. To implement 

section 102, the FAR will require 

certification that each offeror, and any 

person owned or controlled by the 

offeror, does not engage in any activity 

for which sanctions may be imposed 

under section 5 of the Iran Sanctions 

Act. This rule also partially implements 

section 106 of Public Law 111–195, 

which imposes a procurement 

prohibition relating to contracts with 

persons that export certain sensitive 

technology to Iran. There will be further 

implementation of Section 106 in FAR 

Case 2010–018. This rule will have little 

effect on United States small business 

concerns, because such dealings with 

Iran are already prohibited in the United 

States. 

Item III—Termination for Default 

Reporting (FAR Case 2008–016) 

This final rule amends the FAR to 

revise the contractor performance 

information process. The FAR revisions 

include changes to FAR parts 8, 12, 15, 

42, and 49. The purpose of the rule is 

to establish procedures for contracting 

officers to provide contractor 

information into the Federal Awardee 

Performance & Integrity Information 

System (FAPIIS) module of Past 


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Federal Register / Vol. 75, No. 188 / Wednesday, September 29, 2010 / Rules and Regulations 60269 

Performance Information System 

(PPIRS). This case sets forth 

requirements for reporting defective cost 

or pricing data and terminations for 

cause or default and any amendments. 

Evaluation of past performance 

information, especially terminations, 

manages risks associated with timely, 

effective and cost efficient completion 

of contracts, a key objective of the 

President’s March 4, 2009, 

Memorandum on Government 

Contracting. 

Item IV—Award-Fee Language 

Revision (FAR Case 2008–008) 

This final rule converts the interim 

rule published in the Federal Register at 

74 FR 52856 on October 14, 2009, to a 

final rule with minor changes. 

This final rule amends the FAR to 

implement section 814 of the John 

Warner National Defense Authorization 

Act for Fiscal Year 2007 and section 867 

of the Duncan Hunter 2009 National 

Defense Authorization Act for Fiscal 

Year 2009. This rule requires agencies 

to— 

(1) Link award fees to acquisition 

objectives in the areas of cost, schedule, 

and technical performance; 

(2) Clarify that a base fee amount 

greater than zero may be included in a 

cost-plus-award-fee type contract at the 

discretion of the contracting officer; 

(3) Prescribe narrative ratings that will 

be utilized in award-fee evaluations; 

(4) Prohibit the issuance of award fees 

for a rating period if the contractor’s 

performance is judged to be below 

satisfactory; 

(5) Conduct a risk and cost-benefit 

analysis and consider the results of the 

analysis when determining whether to 

use an incentive-fee type contract or 

not; 

(6) Include specific content in the 

award-fee plans; and 

(7) Prohibit the rolling over of 

unearned award fees to subsequent 

rating periods. 

This FAR change will integrate where 

appropriate, FAR part 7, Acquisition 

Planning, and FAR part 16, Contract 

Types, to improve agency use and 

decision making when using incentive 

contracts. 

Item V—Offering a Construction 

Requirement—8(a) Program (FAR Case 

2009–020) 

This final rule amends the FAR to 

revise FAR subpart 19.8, Contracting 

with the Small Business Administration 

(The 8(a) Program), specifically FAR 

19.804–2(b) to conform to the Small 

Business Administration (SBA) 

regulations. The SBA regulation 13 CFR 

124.502(b)(2) requires that the offering 

letter for an open construction 

requirement be submitted to the SBA 

District Office for the geographical area 

where the work is to be performed. The 

SBA regulation 13 CFR 124.502(b)(3) 

requires that the offering letter for a 

construction requirement offered on 

behalf of a specific participant be 

submitted to the SBA District Office 

servicing that concern. This rule revises 

FAR 19.804–2 accordingly. 

Item VI—Encouraging Contractor 

Policies To Ban Text Messaging While 

Driving (FAR Case 2009–028) (Interim) 

This interim rule amends the FAR to 

implement Executive Order 13513, 

entitled ‘‘Federal Leadership on 

Reducing Text Messaging while 

Driving,’’ which was issued on October 

1, 2009 (74 FR 51225, October 6, 2009). 

Section 4 of the Executive order requires 

each Federal agency, in procurement 

contracts, entered into after the date of 

the order, to encourage contractors and 

subcontractors to adopt and enforce 

policies that ban text messaging while 

driving company-owned or -rented 

vehicles or Government-owned 

vehicles; or privately-owned vehicles 

when on official Government business 

or when performing any work for or on 

behalf of the Government. Section 4 also 

requires Federal agencies to encourage 

contractors to conduct initiatives such 

as establishment of new rules and 

programs or re-evaluation of existing 

programs to prohibit text messaging 

while driving, and education, 

awareness, and other outreach programs 

to inform employees about the safety 

risks associated with texting while 

driving. This requirement applies to all 

solicitations and contracts. Contracting 

officers are encouraged to modify 

existing contracts to include the FAR 

clause. 

Item VII—Buy American Exemption for 

Commercial Information Technology— 

Construction Material (FAR Case 2009– 

039) (Interim) 

This interim rule implements section 

615 of Division C, Title VI, of the 

Consolidated Appropriations Act, 2010 

(Pub. L. 111–117). Section 615 

authorizes exemption from the Buy 

American Act for acquisition of 

information technology that is a 

commercial item. 

Dated: September 21, 2010. 

Edward Loeb, 

Director, Acquisition Policy Division. 

[FR Doc. 2010–24193 Filed 9–28–10; 8:45 am] 

BILLING CODE 6820–EP–P 


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