76796 Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Unified Agenda 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Ch. 1 

Semiannual Regulatory Agenda 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Semiannual regulatory agenda. 

SUMMARY: This agenda provides 

summary descriptions of regulations 

being developed by the Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council in 

compliance with Executive Order 12866 

‘‘Regulatory Planning and Review.’’ 

This agenda is being published to allow 

interested persons an opportunity to 

participate in the rulemaking process. 

The Regulatory Secretariat Division has 

attempted to list all regulations pending 

at the time of publication, except for 

minor and routine or repetitive actions; 

however, unanticipated requirements 

may result in the issuance of regulations 

that are not included in this agenda. 

There is no legal significance to the 

omission of an item from this listing. 

Also, the dates shown for the steps of 

each action are estimated and are not 

commitments to act on or by the dates 

shown. 

Published proposed rules may be 

reviewed in their entirety at the 

Government’s rulemaking Web site at 

http://www.acquisition.gov. 

FOR FURTHER INFORMATION CONTACT: 

Hada Flowers, Director, Regulatory 

Secretariat Division, 1800 F Street, NW., 

2nd Floor, Washington, DC 20405–0001, 

202–501–4755. 

SUPPLEMENTARY INFORMATION: DoD, GSA, 

and NASA, under their several statutory 

authorities, jointly issue and maintain 

the FAR through periodic issuance of 

changes published in the Federal 

Register and produced electronically as 

Federal Acquisition Circulars (FACs). 

The electronic version of the FAR, 

including changes, can be accessed on 

the FAR Web site at http://

www.acquisition.gov/far. 

Dated: September 19, 2014. 

Jeffrey A. Koses, 

Senior Procurement Executive/Deputy CAO, 

Office of Acquisition Policy, U.S. General 

Services Administration 

DOD/GSA/NASA (FAR)—PROPOSED RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

419 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–020, Information on Corporate Contractor Performance and Integrity.9000–AM74 

420 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–022, Inflation Adjustment of Acquisition—Related 

Thresholds.

9000–AM80 

421 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–025, Fair Pay and Safe Workplaces ...................... 9000–AM81 

DOD/GSA/NASA (FAR)—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

422 .................... Federal Acquisition Regulation (FAR); FAR Case 2011–001; Organizational Conflicts of Interest ............... 9000–AL82 

423 .................... Federal Acquisition Regulation (FAR); FAR Case 2010–013, Privacy Training ............................................. 9000–AM02 

424 .................... Federal Acquisition Regulation (FAR); FAR Case 2011–020; Basic Safeguarding of Contractor Information 

Systems.

9000–AM19 

425 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–001, Ending Trafficking in Persons ........................ 9000–AM55 

426 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–015, Pilot Program for Enhancement of Contractor Employee Whistleblower Protections.9000–AM56 

427 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–032, Higher-Level Contract Quality Requirements 9000–AM65 

428 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–022, Contracts Under the Small Business Administration 8(a) Program.9000–AM68 

429 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–022, Extension of Limitations on Contractor Employee Personal Conflicts of Interest.9000–AM69 

430 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–016; EPEAT Items ................................................. 9000–AM71 

431 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–006; Year Format ................................................... 9000–AM72 

432 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–012, Limitation on Allowable Government Contractor Compensation Costs.9000–AM75 

433 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–001; Incorporating Section K in Contracts ............. 9000–AM78 

434 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–003; Establishing a Minimum Wage for Contractors.9000–AM82 

DOD/GSA/NASA (FAR)—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

435 .................... Federal Acquisition Regulation (FAR); FAR Case 2009–016; Federal Contracting Programs for MinorityOwned and Other Small Businesses.9000–AM05 

436 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–028; Contractor Comment Period—Past Performance Evaluations.9000–AM40 

437 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–014; Small Business Protests and Appeals .......... 9000–AM46 

438 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–024; Commercial and Government Entity Code .... 9000–AM49 

439 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–016; Defense Base Act .......................................... 9000–AM50 

440 .................... Federal Acquisition Regulation (FAR); FAR Case 2011–023, Irrevocable Letters of Credit .......................... 9000–AM53 


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DOD/GSA/NASA (FAR)—COMPLETED ACTIONS—Continued 

Sequence No. Title Regulation 

Identifier No. 

441 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–010, Contracting With Women-Owned Small Businesses.9000–AM59 

442 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–023, Uniform Procurement Identification ............... 9000–AM60 

443 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–017, Allowability of Legal Costs for Whistleblower 

Proceedings.

9000–AM64 

DEPARTMENT OF DEFENSE/

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Proposed Rule Stage 

419. Federal Acquisition Regulation 

(FAR); FAR Case 2013–020, 

Information on Corporate Contractor 

Performance and Integrity 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation to implement a 

section of the National Defense 

Authorization Act for Fiscal Year 2013 

to include in the Federal Awardee 

Performance and Integrity Information 

System (FAPIIS), to the extent 

practicable, identification of any 

immediate owner or subsidiary, and all 

predecessors of an offeror that held a 

Federal contract or grant within the last 

three years. The objective is to provide 

a more comprehensive understanding of 

the performance and integrity of the 

corporation in awarding Federal 

contracts. This case is included in the 

FAR retrospective review of existing 

regulations under Executive Order 

13563. Additional information is 

located in the FAR final plan (2014), 

available at https://

www.acquisition.gov/. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cecelia Davis, 

Program Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 219–0202, Email: 

cecelia.davis@gsa.gov. 

RIN: 9000–AM74 

420. • Federal Acquisition Regulation 

(FAR); FAR Case 2014–22, Inflation 

Adjustment Of Acquuisition—Related 

Thresholds 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to further 

implement 41 U.S.C. 1908, Inflation 

adjustment of acquisition-related dollar 

thresholds. This statute requires an 

adjustment every five years of 

acquisition-related thresholds for 

inflation using the Consumer Price 

Index for all urban consumers, except 

for the Construction Wage Rate 

Requirements statute (Davis-Bacon Act), 

Service Contract Labor Standards 

statute, and trade agreements 

thresholds. DoD, GSA, and NASA are 

also proposing to use the same 

methodology to adjust nonstatutory FAR 

acquisition-related thresholds in 2015. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Michael O Jackson, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 208–4949, Email: 

michaelo.jackson@gsa.gov. 

RIN: 9000–AM80 

421. • Federal Acquisition Regulation 

(FAR); FAR Case 2014–025, Fair Pay 

and Safe Workplaces 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a proposed rule amending the 

Federal Acquisition Regulation (FAR) 

which implements Executive Order 

13673, Fair Pay and Safe Workplaces, 

seeks to increase efficiency in the work 

performed by Federal contractors by 

ensuring that they understand and 

comply with labor laws designed to 

promote safe, healthy, fair and effective 

workplaces 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward Loeb, 

Program Manager, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 501–0650, Email: 

edward.loeb@gsa.gov. 

RIN: 9000–AM81 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Final Rule Stage 

422. Federal Acquisition Regulation 

(FAR); FAR Case 2011–001; 

Organizational Conflicts of Interest 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

amending the Federal Acquisition 

Regulation (FAR) to provide revised 

regulatory coverage on organizational 

conflicts of interest (OCIs), and add 

related provisions and clauses. Coverage 

on contractor access to protected 

information has been moved to a new 

proposed rule, FAR Case 2012–029 now 

folded into FAR Case 2014–021. Section 

841 of the Duncan Hunter National 

Defense Authorization Act for Fiscal 

Year 2009 (Pub. L. 110–417) required a 

review of the FAR coverage on OCIs. 

The proposed rule was developed as a 

result of a review conducted in 

accordance with section 841 by the 

Civilian Agency Acquisition Council, 

the Defense Acquisition Regulations 

Council, and the Office of Federal 

Procurement Policy, in consultation 

with the Office of Government Ethics. 

The proposed rule was preceded by an 

Advance Notice of Proposed 

Rulemaking, under FAR Case 2007–018 

(73 FR 15962), to gather comments from 

the public with regard to whether and 

how to improve the FAR coverage on 

OCIs. This case is included in the FAR 

retrospective review of existing 

regulations under Executive Order 

13563. Additional information is 

located in the FAR final plan (2014), 

available at: https:// 

www.acquisition.gov/. 

Timetable: 


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Action Date FR Cite 

NPRM .................. 04/26/11 76 FR 23236 

NPRM Comment 

Period End.

06/27/11 

NPRM Comment 

Period Extended.

06/29/11 76 FR 38089 

Comment Period 

End.

07/27/11 

Final Rule ............ 05/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Deborah Erwin, 

Attorney–Advisor in the Office of 

Governmentwide Policy, DOD/GSA/ 

NASA (FAR), 1800 F Street NW., 

Washington, DC 20405, Phone: 202 501– 

2164, Email: deborah.erwin@gsa.gov. 

RIN: 9000–AL82 

423. Federal Acquisition Regulation 

(FAR); FAR Case 2010–013, Privacy 

Training 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to ensure 

that all contractors are required to 

complete training in the protection of 

privacy and the handling and 

safeguarding of Personally Identifiable 

Information (PII). The proposed FAR 

language provides flexibility for 

agencies to conduct the privacy training 

or require the contractor to conduct the 

privacy training. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/14/11 76 FR 63896 

NPRM Comment 

Period End.

12/13/11 

Final Rule ............ 01/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Karlos Morgan, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 501–2364, Email: 

karlos.morgan@gsa.gov. 

RIN: 9000–AM02. 

424. Federal Acquisition Regulation 

(FAR); FAR Case 2011–020; Basic 

Safeguarding of Contractor Information 

Systems 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the Federal 

Acquisition Regulation to add a new 

subpart and contract clause for the 

safeguarding of contractor information 

systems that contain information 

provided by the Government (other than 

public information) or generated for the 

Government that will be resident on or 

transiting through contractor 

information systems. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/26/12 77 FR 51496 

NPRM Comment 

Period End.

10/23/12 

Final Rule ............ 03/00/15. 

Regulatory Flexibility Analysis 

Required: Yes 

Agency Contact: Marissa Petrusek, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 501–0136, Email: 

marissa.petrusek@gsa.gov 

RIN: 9000–AM19 

425. Federal Acquisition Regulation 

(FAR); FAR Case 2013–001, Ending 

Trafficking In Persons 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation to 

strengthen protections against 

trafficking in persons in Federal 

contracts. These changes are intended to 

implement Executive Order 13627, 

entitled ‘‘Strengthening Protections 

Against Trafficking in Persons in 

Federal Contracts,’’ and title XVII of the 

National Defense Authorization Act for 

Fiscal Year 2013. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/26/13 78 FR 59317 

NPRM Comment 

Period End.

12/20/13 

Final Rule ............ 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Petrusek, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 501–0136, Email: 

marissa.petrusek@gsa.gov. 

RIN: 9000–AM55 

426. Federal Acquisition Regulation 

(FAR); Far Case 2013–015, Pilot 

Program for Enhancement of Contractor 

Employee Whistleblower Protections 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued an interim rule amending the 

Federal Acquisition Regulation to 

implement a statutory pilot program 

enhancing whistleblower protections for 

contractor employees. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 09/30/13 78 FR 60169 

Interim Final Rule 

Comment Period End.

11/29/13 

Final Rule ............ 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cecelia Davis, 

Program Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 219–0202, Email: 

cecelia.davis@gsa.gov. 

RIN: 9000–AM56 

427. Federal Acquisition Regulation 

(FAR); FAR Case 2012–032, HigherLevel Contract Quality Requirements 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a proposed rule to amend the 

Federal Acquisition Regulation to 

clarify when to use higher-level quality 

standards in solicitations and contracts, 

and to update the examples of higherlevel quality standards by revising 

obsolete standards and adding two new 

industry standards that pertain to 

quality assurance for avoidance of 

counterfeit items. These standards will 

be used to help minimize and mitigate 

counterfeit items or suspect counterfeit 

items in Government contracting. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/03/13 78 FR 72620 

NPRM Comment 

Period End.

02/03/14 

Final Rule ............ 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Petrusek, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 501–0136, Email: 

marissa.petrusek@gsa.gov. 

RIN: 9000–AM65 

428. Federal Acquisition Regulation 

(FAR); FAR Case 2012–022, Contracts 

Under The Small Business 

Administration 8(A) Program 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a proposed rule to amend the 

Federal Acquisition Regulation (FAR) to 

implement revisions made by the Small 

Business Administration to its 

regulations implementing section 8(a) of 

the Small Business Act, and to provide 

additional FAR coverage regarding 

protesting an 8(a) participant’s 

eligibility or size status, procedures for 


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releasing a requirement for non-8(a) 

procurements, and the ways a 

participant could exit the 8(a) Business 

Development program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/03/14 79 FR 6135 

NPRM Comment 

Period End.

04/14/14 

Final Rule ............ 02/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AM68. 

429. Federal Acquisition Regulation 

(FAR); FAR Case 2013–022, Extension 

of Limitations on Contractor Employee 

Personal Conflicts of Interest 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a proposed rule to amend the 

Federal Acquisition Regulation to 

implement a section of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year 2013 to extend the 

limitations on contractor employee 

personal conflicts of interest to apply to 

the performance of all functions that are 

closely associated with inherently 

governmental functions and contracts 

for personal services. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/02/14 79 FR 18503 

NPRM Comment 

Period End.

06/02/14 

Final Rule ............ 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cecelia Davis, 

Program Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 219–0202, Email: 

cecelia.davis@gsa.gov. 

RIN: 9000–AM69 

430. • Federal Acquisition Regulation 

(FAR); FAR Case 2013–016; EPEAT 

Items 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued an interim rule amending the 

Federal Acquisition Regulation to 

implement changes in the Electronic 

Product Environmental Assessment 

Tool (EPEAT®) registry. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/24/14 79 FR 35859 

Interim Final Rule 

Comment Period End.

08/25/14 

Final Rule ............ 01/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Marissa Petrusek, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 501–0136, Email: 

marissa.petrusek@gsa.gov. 

RIN: 9000–AM71 

431. • Federal Acquisition Regulation 

(FAR); FAR Case 2014–006; Year 

Format 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a proposed rule to amend the 

Federal Acquisition Regulation to delete 

regulations relating to the year 2000 

compliance. 

Timetable: 

Action Date FR Cite 

NPRM .................. 02/25/14 79 FR 16274 

NPRM Comment 

Period End.

05/27/14 

Final Rule ............ 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward Loeb, 

Program Manager, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 501–0650, Email: 

edward.loeb@gsa.gov. 

RIN: 9000–AM72 

432. Federal Acquisition Regulation 

(FAR); FAR Case 2014–012, Limitation 

on Allowable Government Contractor 

Compensation Costs 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA and NASA issued 

an interim rule amending the Federal 

Acquisition Regulation to implement 

Section 702 of the Bipartisan Budget Act 

of 2013. In accordance with Section 702, 

the interim rule revises the allowable 

cost limit relative to the compensation 

of contractor and subcontractor 

employees. Also, in accordance with 

section 702, this interim rule 

implements the possible exception to 

this allowable cost limit for narrowly 

targeted scientists, engineers, or other 

specialists upon an agency 

determination that such exceptions are 

needed to ensure that the executive 

agency has continued access to needed 

skills and capabilities. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 06/24/14 79 FR 35865 

Interim Final Rule 

Comment Period End.

08/25/14 

Final Rule ............ 02/00/15 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward Chambers, 

Procurement Analyst, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 

DC 20405, Phone: 202 501–3221, Email: 

edward.chambers@gsa.gov. 

RIN: 9000–AM75 

433. • Federal Acquisition Regulation 

(FAR); Far Case 2014–001; 

Incorporating Section K In Contracts 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a proposed rule to amend the 

Federal Acquisition Regulation to 

standardize the incorporation by 

reference of representations and 

certifications in contracts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 04/23/14 79 FR 22615 

NPRM Comment 

Period End.

06/23/14 

Final Rule ............ 11/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis Glover, DOD/ 

GSA/NASA (FAR), 1800 F Street NW., 

Washington, DC 20405, Phone: 202 501– 

1448, Email: curtis.glover@gsa.gov. 

RIN: 9000–AM78 

434.• Federal Acquisition Regulation 

(FAR); FAR Case 2015–003; 

Establishing a Minimum Wage for 

Contractors 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing an interim rule amending the 

Federal Acquisition Regulation (FAR) to 

implement Executive Order (E.O.) 

13658, Establishing a Minimum Wage 

for Contractors, and a final rule issued 

by the Department of Labor (DOL) at 29 

CFR part 10. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/00/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward Loeb, 

Program Manager, DOD/GSA/NASA 

(FAR), 1800 F Street NW., Washington, 


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DC 20405, Phone: 202 501–0650, Email: 

edward.loeb@gsa.gov. 

RIN: 9000–AM82 

DEPARTMENT OF DEFENSE/

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Completed Actions 

435. Federal Acquisition Regulation 

(FAR); FAR Case 2009–016; Federal 

Contracting Programs for MinorityOwned and Other Small Businesses 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

remove certain coverage involving 

procurements with small disadvantaged 

business concerns and certain 

institutions of higher education that is 

based on authority which has expired 

and been found to be unconstitutional 

by the Court of Appeals for the Federal 

Circuit in Rothe Development 

Corporation vs. the DoD and the U.S. 

Department of Defense. These changes 

harmonize the FAR with current 

statutory authorities. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/14/14 79 FR 61746 

Final Rule Effective.10/14/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AM05 

436. Federal Acquisition Regulation 

(FAR); FAR Case 2012–028; Contractor 

Comment Period—Past Performance 

Evaluations 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a final rule to revise the Federal 

Acquisition Regulation to implement 

section 853 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2013 (Pub. L. 112–239, 

enacted January 2, 2013) and section 

806 of the NDAA for FY 2012 (Pub. L. 

112–81, enacted December 31, 2011, 10 

U.S.C. 2302 Note). Section 853, entitled 

‘‘Inclusion of Data on Contractor 

Performance in Past Performance 

Databases for Executive Agency Source 

Selection Decisions,’’ and section 806, 

entitled ‘‘Inclusion of Data on 

Contractor Performance in Past 

Performance Databases for Source 

Selection Decisions,’’ require revisions 

to the acquisition regulations on past 

performance evaluations so that 

contractors are provided ‘‘up to 14 

calendar days . . . from the date of 

delivery’’ of past performance 

evaluations ‘‘to submit comments, 

rebuttals, or additional information 

pertaining to past performance’’ for 

inclusion in the database. In addition, 

paragraph (c) of both sections 853 and 

806 requires that agency evaluations of 

contractor performance, including any 

information submitted by contractors, 

be ‘‘included in the relevant past 

performance database not later than the 

date that is 14 days after the date of 

delivery of the information’’ (section 

853(c)) to the contractor. The 

Governmentwide application of the 

statute will ensure that the Government 

has current performance information 

about contractors to help source 

selection officials make better award 

decisions. This case is included in the 

FAR retrospective review of existing 

regulations under Executive Order 

13563. Additional information is 

located in the FAR final plan (2014), 

available at: https://

www.acquisition.gov/. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 05/30/14 79 FR 31197 

Final Rule Effective.07/01/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis Glover, Phone: 

202 501–1448, Email: curtis.glover@

gsa.gov. 

RIN: 9000–AM40 

437. Federal Acquisition Regulation 

(FAR); FAR Case 2012–014; Small 

Business Protests and Appeals 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

amended the Federal Acquisition 

Regulation to implement the Small 

Business Administration’s revision of 

the small business size and small 

business status protest and appeal 

procedures. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 07/25/14 79 FR 43580 

Final Rule Effective.08/25/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AM46 

438. Federal Acquisition Regulation 

(FAR); FAR Case 2012–024; 

Commercial and Government Entity 

Code 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a final rule to amend the Federal 

Acquisition Regulation (FAR) to require 

the use of Commercial and Government 

Entity (CAGE) codes, including North 

Atlantic Treaty Organization (NATO) 

CAGE (NCAGE) codes for foreign 

entities, for awards valued at greater 

than the micro-purchase threshold. The 

CAGE code is a five-character alphanumeric identifier used extensively 

within the Federal Government. The 

rule will also require offerors, if owned 

by another entity, to identify that entity. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 05/30/14 79 FR 31187 

Final Rule Effective.11/01/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward Loeb, Phone: 

202 501–0650, Email: edward.loeb@

gsa.gov. 

RIN: 9000–AM49 

439. Federal Acquisition Regulation 

(FAR); FAR Case 2012–016; Defense 

Base Act 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a final rule amending the Federal 

Acquisition Regulation to clarify 

contractor and subcontractor 

responsibilities to obtain workers’ 

compensation insurance or to qualify as 

a self-insurer, and other requirements, 

under the terms of the Longshore and 

Harbor Workers’ Compensation Act 

(LHWCA) as extended by the Defense 

Base Act (DBA). 

Completed: 

Reason Date FR Cite 

Final Rule ............ 05/30/14 79 FR 31201 

Final Rule Effective.07/01/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward Chambers, 

Phone: 202 501–3221, Email: 

edward.chambers@gsa.gov. 


tkelley on DSK3SPTVN1PROD with PROPOSALS 19
Federal Register / Vol. 79, No. 245 / Monday, December 22, 2014 / Unified Agenda 76801 

RIN: 9000–AM50 

440. Federal Acquisition Regulation 

(FAR); FAR Case 2011–023, Irrevocable 

Letters of Credit 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a proposed rule to amend the 

Federal Acquisition Regulation to 

remove all references to Office of 

Federal Procurement Policy Pamphlet 

No. 7, Use of Irrevocable Letters of 

Credit, and also provide updated 

sources of data required to verify the 

credit worthiness of a financial entity 

issuing or confirming an irrevocable 

letter of credit. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/14/14 79 FR 61743 

Final Rule Effective.11/13/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cecelia Davis, Phone: 

202 219–0202, Email: cecelia.davis@

gsa.gov. 

RIN: 9000–AM53 

441. Federal Acquisition Regulation 

(FAR); FAR Case 2013–010, Contracting 

With Women-Owned Small Businesses 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA have 

adopted as final, without change, an 

interim rule amending the Federal 

Acquisition Regulation to remove the 

dollar limitation for set-asides to 

economically disadvantaged womenowned small business concerns and to 

women-owned small business concerns 

eligible under the Women-Owned Small 

Business Program. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 06/24/14 79 FR 35864 

Final Rule Effective.06/24/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AM59 

442. Federal Acquisition Regulation 

(FAR); FAR Case 2012–023, Uniform 

Procurement Identification 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA 

issued a proposed rule to amend the 

Federal Acquisition Regulation (FAR) to 

implement a uniform Procurement 

Instrument Identification numbering 

system, which will require the use of 

Activity Address Codes as the unique 

identifier for contracting offices and 

other offices, in order to standardize 

procurement transactions across the 

Federal Government. This proposed rule 

continues and strengthens efforts at 

standardization accomplished under a 

previous FAR case. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 10/14/14 79 FR 61739 

Final Rule Effective.11/13/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward Loeb, Phone: 

202 501–0650, Email: edward.loeb@

gsa.gov. 

RIN: 9000–AM60 

443. Federal Acquisition Regulation 

(FAR); FAR Case 2013–017, 

Allowability of Legal Costs for 

Whistleblower Proceedings 

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

U.S.C. ch 137; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA have 

adopted as final, with changes, an 

interim rule amending the Federal 

Acquisition Regulation to implement a 

section of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year 2013 that addresses the 

allowability of legal costs incurred by a 

contractor or subcontractor related to a 

whistleblower proceeding commenced 

by the submission of a complaint of 

reprisal by the contractor or 

subcontractor employee. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 07/25/14 79 FR 43589 

Final Rule Effective.07/25/14 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Edward Chambers, 

Phone: 202 501–3221, Email: 

edward.chambers@gsa.gov. 

RIN: 9000–AM64 

[FR Doc. 2014–28984 Filed 12–19–14; 8:45 am] 

BILLING CODE 6820–EP–P 


tkelley on DSK3SPTVN1PROD with PROPOSALS 19
Vol. 79 Monday, 

No. 245 December 22, 2014 

Part XX 

Commodity Futures Trading Commission 

Semiannual Regulatory Agenda 

mstockstill on DSK4VPTVN1PROD with PROPOSALS6