70340 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket No. FAR 2014–0051, Sequence 

No. 6] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–78; 

Introduction 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Summary presentation of final 

rules. 

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) 2005–78. 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 and comment 

dates see 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 2005–78 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 2005–78 

Item Subject FAR case Analyst 

I ......................... Incorporating Section K in Contracts ............................................................................................... 2014–001 Glover. 

II ........................ Streamlining Claims Processing ...................................................................................................... 2014–011 Loeb. 

III ....................... Year Format ..................................................................................................................................... 2014–006 Loeb. 

IV ....................... Higher-Level Contract Quality Requirements .................................................................................. 2012–032 Loeb. 

V ........................ Technical Amendments.

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 

2005–78 amends the FAR as specified 

below: 

Item I—Incorporating Section K in 

Contracts (FAR Case 2014–001) 

This final rule revises the language at 

FAR subpart 4.12, Representations and 

Certifications, and adds a new clause at 

FAR 52.204–19 to standardize the 

incorporation by reference of 

representations and certifications in 

contracts regardless of which contract 

award form is used. FAR clause 52.212– 

4 has a new paragraph (v) to cover this 

issue for commercial items. 

Peer reviews and procurement 

management reviews have found that 

Section K-Representations and 

Certifications are inconsistently or not 

incorporated in contract awards. 

This final rule does not change or 

impact the existing representations and 

certifications submitted by small 

entities; this final rule should have no 

impact on small entities. 

Item II—Streamlining Claims 

Processing (FAR Case 2014–011) 

This final rule implements the 

Streamlining Claims Processing for 

Federal Contractor Employees Act, Pub. 

L. 113–50, which transferred certain 

authority for construction wage underpayments from the Government 

Accountability Office to the Department 

of Labor. There is no effect on small 

businesses. 

Item III—Year Format (FAR Case 2014– 

006) 

This final rule amends the FAR to 

delete obsolete regulations relating to 

the year 2000 compliance. There is no 

impact on small businesses. 

Item IV—Higher-Level Contract Quality 

Requirements (FAR Case 2012–032) 

This final rule amends FAR parts 44 

and 46 to (1) provide that agencies 

should establish procedures for 

determining when higher-level quality 

standards are to be included in a 

contract, (2) provide that higher-level 

quality standards should be given 

special attention during Contractor 

Purchasing System Reviews, and (3) 

adds an example of higher-level quality 

standards as it relates to counterfeit 

electronic parts. The contracting officer, 

in accordance with agency procedures, 

will choose the higher-level quality 

standards that will apply. These 

standards will be used to help minimize 

and mitigate counterfeit items or 

suspect counterfeit items in Government 

contracting. This rule impacts large and 

small businesses who provide critical 

items directly to the Government or to 

Government prime contractors. 

Item V—Technical Amendments 

Editorial changes are made at FAR 

1.106, 16.103, 22.1006, 31.109, 52.204– 

8, and 53.219. 

Dated: November 17, 2014. 

William Clark, 

Acting Director, Office of Government-Wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-Wide Policy. 

Federal Acquisition Circular (FAC) 

2005–78 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 2005–78 is effective November 

25, 2014 except for items I, II, III and IV, 

which are effective December 26, 2014. 

Dated: November 17, 2014. 

Richard Ginman, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: November 17, 2014. 

Jeffrey A. Koses, 

Senior Procurement Executive/Deputy CAO, 

Office of Acquisition Policy, U.S. General 

Services Administration. 

Dated: November 18, 2014. 

Ronald A. Poussard, 

Director, Contract and Grant Policy Branch 

NASA, Office of Procurement. 

[FR Doc. 2014–27656 Filed 11–24–14; 8:45 am] 

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