70342 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 

■ a. Redesignating paragraphs (a) 

through (cc) as paragraphs (a)(1) through 

(29), respectively; 

■ b. Designating the introductory 

paragraph as paragraph (a); and 

■ c. Adding a new paragraph (b) to read 

as follows: 

4.1202 Solicitation provision and contract 

clause. 

* * * * * 

(b) The contracting officer shall insert 

the clause at 52.204–19, Incorporation 

by Reference of Representations and 

Certifications, in solicitations and 

contracts. 

PART 14—SEALED BIDDING 

■ 5. Amend section 14.201–1 by adding 

a sentence at the end of paragraph (c) to 

read as follows: 

14.201–1 Uniform contract format. 

* * * * * 

(c) * * * The representations and 

certifications shall be incorporated by 

reference in the contract by using 

52.204–19 (see 4.1202(b)) or for 

acquisitions of commercial items see 

52.212–4(v). 

* * * * * 

PART 15—CONTRACTING BY 

NEGOTIATION 

■ 6. Amend section 15.204–1 by 

revising the last sentence of paragraph 

(b) to read as follows: 

15.204–1 Uniform contract format. 

* * * * * 

(b) * * * The representations and 

certifications are incorporated by 

reference in the contract by using 

52.204–19 (see 4.1202(b)) or for 

acquisitions of commercial items see 

52.212–4(v). 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.204–8 [Amended] 

■ 7. Amend section 52.204–8 by 

removing from the introductory text 

‘‘4.1202’’ and adding ‘‘4.1202(a)’’ in its 

place. 

■ 8. Add section 52.204–19 to read as 

follows: 

52.204–19 Incorporation by Reference of 

Representations and Certifications. 

As prescribed in 4.1202(b), insert the 

following clause. 

Incorporation by Reference of 

Representations and Certifications (DEC 

2014) 

The Contractor’s representations and 

certifications, including those completed 

electronically via the System for Award 

Management (SAM), are incorporated by 

reference into the contract. 

(End of clause) 

■ 9. Amend section 52.212–4 by 

revising the date of the clause; and 

adding paragraph (v) to read as follows: 

52.212–4 Contract Terms and 

Conditions—Commercial Items. 

* * * * * 

Contract Terms And Conditions— 

Commercial Items (DEC 2014) 

* * * * * 

(v) Incorporation by reference. The 

Contractor’s representations and 

certifications, including those completed 

electronically via the System for Award 

Management (SAM), are incorporated by 

reference into the contract. 

* * * * * 

[FR Doc. 2014–27657 Filed 11–24–14; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 22 and 53 

[FAC 2005–78; FAR Case 2014–011; Item 

II; Docket No. 2014–0011; Sequence No. 1] 

RIN 9000–AM83 

Federal Acquisition Regulation: 

Streamlining Claims Processing 

AGENCIES: 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 

implement the Streamlining Claims 

Processing for Federal Contractor 

Employees Act which amends the 

United States Code (U.S.C.) to transfer 

certain functions from the Government 

Accountability Office (GAO) to the 

Department of Labor (DOL) relating to 

the processing of claims for the payment 

of workers who were not paid 

appropriate wages under certain 

provisions of the U.S.C. 

DATES: Effective: December 26, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward Loeb, Procurement Analyst, at 

202–501–0650 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAC 2005–78, FAR 

Case 2014–011. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Streamlining Claims Processing 

for Federal Contractor Employees Act 

(the Act) (Pub. L. 113–50) was enacted 

on November 21, 2013. The Act 

transfers certain administrative 

authorities relating to the processing of 

claims for the payment of workers who 

were not paid appropriate wages under 

certain provisions of title 40 U.S.C. from 

the GAO to the DOL. One of the specific 

functions transferred to the DOL at 40 

U.S.C. 3144 and 3703 is the authority to 

pay certain wages. FAR part 22, 

Application of Labor Laws to 

Government Acquisitions, which 

addresses the withholding or 

suspending of contract payments and 

the disposition of such payments, 

requires revision to be consistent with 

the Act. Specifically, FAR 22.406–9, 

Withholding from or suspension of 

contract payments, at paragraph (c), 

includes instructions regarding the 

disposition of contract payments that 

have been withheld or suspended. Also, 

FAR 22.406–11, Contract terminations, 

includes instructions for submitting 

reports when terminations result from 

violation of labor standards clauses. 

This final rule revises these FAR 

sections to appropriately reflect the 

administrative authorities of the DOL, 

and to provide a link to the DOL Web 

site and guidance for disbursement of 

withheld funds. Reference to Standard 

Form (SF) 1093, Schedule of 

Withholdings Under the Construction 

Wage Rate Requirements Statute (40 

U.S.C. Chapter 31, Subchapter IV, 

Section 3144) and/or the Contract Work 

Hours and Safety Standards Statute (40 

U.S.C. Chapter 37, Section 3703), is 

deleted. The SF 1093 was previously 

used to disburse funds to the GAO and 

is now obsolete. 

II. Publication of This Final Rule for 

Public Comment Is Not Required by 

Statute 

‘‘Publication of proposed 

regulations’’, 41 U.S.C. 1707, is the 

statute which applies to the publication 

of the Federal Acquisition Regulation. 

Paragraph (a)(1) of the statute requires 

that a procurement policy, regulation, 

procedure or form (including an 

amendment or modification thereof) 

must be published for public comment 

if it relates to the expenditure of 

appropriated funds, and has either a 

significant effect beyond the internal 

operating procedures of the agency 

issuing the policy, regulation, procedure 

or form, or has a significant cost or 


tkelley on DSK3SPTVN1PROD with RULES3
Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 70343 

administrative impact on contractors or 

offerors. This final rule is not required 

to be published for public comment, 

because it has no effect on contractors 

or offerors. This rule only revises the 

regulation by accurately reflecting that 

the DOL is the administrative authority 

for certain functions that were formerly 

the function of the GAO. These 

requirements affect only the internal 

operating procedures of the 

Government. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is not a significant 

regulatory action and, therefore, was not 

subject to review under Section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

The Regulatory Flexibility Act does 

not apply to this rule because this final 

rule does not constitute a significant 

FAR revision within the meaning of 

FAR 1.501–1 and 41 U.S.C. 1707 does 

not require publication for public 

comment. 

V. Paperwork Reduction Act 

The rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

Chapter 35). 

List of Subjects in 48 CFR Parts 22 and 

53 

Government procurement. 

Dated: November 17, 2014. 

William Clark, 

Acting Director, Office of Government-wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-wide Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 22 and 53 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 22 and 53 continues to read as 

follows: 

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

chapter 137; and 51 U.S.C. 20113. 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

■ 2. Amend section 22.406–9 by 

revising paragraphs (c)(1) and (3) to read 

as follows: 

22.406–9 Withholding from or suspension 

of contract payments. 

* * * * * 

(c) Disposition of contract payments 

withheld or suspended—(1) Forwarding 

wage underpayments to the Secretary of 

Labor. Upon final administrative 

determination, if the contractor or 

subcontractor has not made restitution, 

the contracting officer must follow the 

Department of Labor guidance 

published in Wage and Hour Division, 

All Agency Memorandum (AAM) No. 

215, Streamlining Claims for Federal 

Contractor Employees Act. The AAM 

No. 215 can be obtained at http://

www.dol.gov/whd/govcontracts/

dbra.htm; under Guidance there is a 

link for All Agencies Memoranda 

(AAMs). 

* * * * * 

(3) Limitation on returning funds. If 

the Department of Labor requested the 

withholding or if the findings are 

disputed (see 22.406–10(e)), the 

contracting officer must not return the 

funds to the contractor without approval 

by the Department of Labor. 

* * * * * 

22.406–11 [Amended] 

■ 3. Amend section 22.406–11 by 

removing from the introductory 

paragraph ‘‘, and the Comptroller 

General’’. 

PART 53—FORMS 

■ 4. Amend section 53.222 by revising 

the section heading; and removing and 

reserving paragraph (d) to read as 

follows: 

53.222 Application of labor laws to 

Government acquisitions (SF’s 307, 1413, 

1445, 1446, WH–347). 

* * * * * 

53.301–1093 [Removed] 

■ 5. Remove section 53.301–1093. 

[FR Doc. 2014–27659 Filed 11–24–14; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 39 and 52 

[FAC 2005–78; FAR Case 2014–006; Item 

III; Docket 2011–0023, Sequence 1] 

RIN 9000–AM53 

Federal Acquisition Regulation; Year 

Format 

AGENCIES: 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 

delete obsolete regulations relating to 

the year 2000 compliance. 

DATES: Effective: December 26, 2014. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Edward Loeb, Procurement Analyst, at 

202–501–0650, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at 202–501– 

4755. Please cite FAC 2005–78, FAR 

Case 2014–006. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 

79 FR 16274 on March 25, 2014. No 

public comments were submitted. The 

final rule makes no changes from the 

proposed rule. 

DoD, GSA, and NASA are amending 

the FAR to delete obsolete coverage 

relating to the year 2000 compliance at 

FAR 39.002, 39.101(a) and 39.106. Also, 

the rule makes conforming changes to 

FAR 39.107 and the introductory text to 

the clause at FAR 52.239–1. The year 

2000 coverage is outdated, and no 

longer needed because all of the issues 

addressing the transition to year 2000 

compliance language have been 

resolved. Executive Order (E.O.) 13563, 

Improving Regulation and Regulatory 

Review, on retrospective review of 

regulations, requires agencies to 

conduct a review and analysis of their 

regulations and prepare a plan listing 

regulations that should be modified, 

streamlined, expanded, or repealed to 

make the agency’s regulatory program 

more effective or less burdensome in 

achieving the regulatory objectives. The 


tkelley on DSK3SPTVN1PROD with RULES3