70348 Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 

■ 4. Revise section 46.311 to read as 

follows: 

46.311 Higher-level contract quality 

requirement. 

(a) The contracting officer shall insert 

the clause at 52.246–11, Higher-Level 

Contract Quality Requirement, in 

solicitations and contracts when the 

inclusion of a higher-level contract 

quality requirement is necessary (see 

46.202–4). 

(b) For each higher-level quality 

standard, the contracting officer shall 

fill in the title, number, date, and 

tailoring (if any). 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 5. Revise section 52.246–11 to read as 

follows: 

52.246–11 Higher-Level Contract Quality 

Requirement. 

As prescribed in 46.311, insert the 

following clause: 

Higher-Level Contract Quality Requirement 

(DEC 2014) 

(a) The Contractor shall comply with the 

higher-level quality standard(s) listed below. 

[Contracting Officer insert the title, number, 

date, and tailoring (if any) of the higher-level 

quality standards.] 

(b) The Contractor shall include applicable 

requirements of the higher-level quality 

standard(s) listed in paragraph (a) of this 

clause and the requirement to flow down 

such standards, as applicable, to lower-tier 

subcontracts, in— 

(1) Any subcontract for critical and 

complex items (see 46.203(b) and (c)); or 

(2) When the technical requirements of a 

subcontract require— 

(i) Control of such things as design, work 

operations, in-process control, testing, and 

inspection; or 

(ii) Attention to such factors as 

organization, planning, work instructions, 

documentation control, and advanced 

metrology. 

(End of clause) 

[FR Doc. 2014–27661 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 1, 16, 22, 31, 52, and 53 

[FAC 2005–78; Item V; Docket No. 2014– 

0053; Sequence No. 4] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation (FAR) in order to make 

editorial changes. 

DATES: Effective: November 25, 2014. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat Division (MVCB), 

1800 F Street NW., 2nd Floor, 

Washington, DC 20405, 202–501–4755, 

for information pertaining to status or 

publication schedules. Please cite FAC 

2005–78, Technical Amendments. 

SUPPLEMENTARY INFORMATION: In order to 

update certain elements in 48 CFR parts 

1, 16, 22, 31, 52, and 53 this document 

makes editorial changes to the FAR. 

List of Subject in 48 CFR Parts 1, 16, 22, 

31, 52, 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 1, 16, 22, 31, 52, 

and 53 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 1, 16, 22, 31, 52, 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 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

1.106 [Amended] 

■ 2. Amend section 1.106 in the table 

following the introductory text, by 

adding in numerical sequence, FAR 

segment ‘‘52.203–13’’ and its 

corresponding OMB Control Number 

‘‘9000–0164’’. 

PART 16—TYPES OF CONTRACTS 

16.103 [Amended] 

■ 3. Amend section 16.103 by removing 

paragraph (d) introductory text and 

paragraph (d)(3). 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.1006 [Amended] 

■ 4. Amend section 22.1006 by— 

■ a. Removing from paragraph 

(a)(2)(i)(C) ‘‘52.204–8(c)(2)(ii) or (iii)’’ 

and adding ‘‘52.204–8(c)(2)(iii) or (iv)’’ 

in its place; 

■ b. Removing from paragraph (e)(2)(i) 

‘‘52.204–8(c)(2)(ii)’’ and adding 

‘‘52.204–8(c)(2)(iii)’’ in its place; and 

■ c. Removing from paragraph (e)(4)(i) 

‘‘52.204–8(c)(2)(iii)’’ and adding 

‘‘52.204–8(c)(2)(iv)’’ in its place. 

PART 31—CONTRACT COST 

PRINCIPLES AND PROCEDURES 

31.109 [Amended] 

■ 5. Amend section 31.109 by— 

■ a. Adding the word ‘‘and’’ at the end 

of paragraph (h)(15); 

■ b. Removing paragraph (h)(16); and 

■ c. Redesignating paragraph (h)(17) as 

paragraph (h)(16). 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 6. Amend section 52.204–8 by 

removing paragraphs (c)(1)(xxi)(i) 

through (vi); and adding paragraph 

(c)(2) to read as follows: 

52.204–8 Annual Representations and 

Certifications. 

* * * * * 

(c) * * * 

(2) The following certifications are 

applicable as indicated by the 

Contracting Officer: 

[Contracting Officer check as 

appropriate.] 

l (i) 52.204–17, Ownership or 

Control of Offeror. 

l (ii) 52.222–18, Certification 

Regarding Knowledge of Child Labor for 

Listed End Products. 

l (iii) 52.222–48, Exemption from 

Application of the Service Contract 

Labor Standards to Contracts for 

Maintenance, Calibration, or Repair of 

Certain Equipment—Certification. 

l (iv) 52.222–52, Exemption from 

Application of the Service Contract 

Labor Standards to Contracts for Certain 

Services—Certification. 

l (v) 52.223–9, with its Alternate I, 

Estimate of Percentage of Recovered 

Material Content for EPA-Designated 

Products (Alternate I only). 


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Federal Register / Vol. 79, No. 227 / Tuesday, November 25, 2014 / Rules and Regulations 70349 

l (vi) 52.227–6, Royalty Information. 

l (A) Basic. 

l (B) Alternate I. 

l (vii) 52.227–15, Representation of 

Limited Rights Data and Restricted 

Computer Software. 

* * * * * 

PART 53—FORMS 

53.219 [Amended] 

■ 7. Amend section 53.219 by removing 

‘‘(Rev. OCT 2014)’’ and adding ‘‘(Rev. 8/ 

2014)’’ in its place. 

[FR Doc. 2014–27662 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 Chapter 1 

[Docket No. FAR 2014–0052, Sequence 

No. 6] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–78; 

Small Entity Compliance Guide 

AGENCY: 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 DOD, GSA, 

and NASA. 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 the rules appearing in 

Federal Acquisition Circular (FAC) 

2005–78, which amends the Federal 

Acquisition Regulation (FAR). An 

asterisk (*) next to a rule indicates that 

a regulatory flexibility analysis has been 

prepared. Interested parties may obtain 

further information regarding these 

rules by referring to FAC 2005–78, 

which precedes this document. These 

documents are also available via the 

Internet at http://www.regulations.gov. 

DATES: November 25, 2014. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact the 

analyst whose name appears in the table 

below. Please cite FAC 2005–78 and the 

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. 

[FR Doc. 2014–27663 Filed 11–24–14; 8:45 am] 

BILLING CODE 6820–EP–P 


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