Vol. 82 Thursday, 

No. 163 August 24, 2017 

Part XX 

Department of Defense 

General Services Administration 

National Aeronautics and Space Administration 

Semiannual Regulatory Agenda 

mstockstill on DSK30JT082PROD with PROPOSAL20

40368 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Ch. 1 

Semiannual Regulatory Agenda 

AGENCY: 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. 

Published proposed rules may be 

reviewed in their entirety at the 

Government’s rulemaking Web site at 

http://www.regulations.gov. 

FOR FURTHER INFORMATION CONTACT: 

Joanne Sosa, Regulatory Secretariat 

Division, 1800 F Street NW., 

Washington, DC 20405, or via telephone 

at 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: March 31, 2017. 

William F. Clark, 

Director, Office of Government-Wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-Wide Policy. 

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

Sequence No. Title Regulation 

Identifier No. 

216 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–021; Determination of Fair and Reasonable Prices 

on Orders Under Multiple Award Contracts.

9000–AM94 

217 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–014; Prohibition on Providing Funds to the Enemy 9000–AN03 

218 .................... FAR Acquisition Regulation (FAR); FAR Case 2015–038, Reverse Auction Guidance ................................. 9000–AN31 

219 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–005, Whistleblower Protection for Contractor Employees.9000–AN32 

220 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–031, Policy on 8(a) Joint Ventures ........................ 9000–AN33 

221 .................... Federal Acquisition Regulation; FAR Case 2016–002, Applicability of Small Business Regulations Outside 

the United States.

9000–AN34 

222 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–008, Duties of Office of Small and Disadvantaged 

Business Utilization.

9000–AN36 

223 .................... Federal Acquisition Regulation (FAR); FAR Case 2016–013, Tax on Certain Foreign Procurement ............ 9000–AN38 

224 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–003; Alternatives in Lieu of Corporate or Individual Sureties.9000–AN39 

225 .................... Federal Acquisition Regulations (FAR); FAR Case 2015–002, Requirements for DD Form 254, Contract 

Security Classification Specification.

9000–AN40 

226 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–014, Acquisition 360 .............................................. 9000–AN43 

227 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–013, Breaches of Personally Identifiable Information.9000–AN44 

228 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–011, Section 508-Based Standards in Information 

and Communication Technology.

9000–AN46 

229 .................... Federal Acquisition Regulation (FAR); FAR Case 2016–012, Incremental Funding of Fixed-Price Contracting Actions.9000–AN47 

230 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–037, Definition of ‘‘Information Technology’’ .......... 9000–AN48 

231 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–028, Performance-Based Payments ...................... 9000–AN49 

232 .................... Federal Acquisition Regulation (FAR); Far Case 2015–004, Provisions and Clauses for Acquisitions of 

Commercial Items and Acquisitions That do not Exceed the Simplified Acquisition Threshold (SAT).

9000–AN51 

233 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–006, Exception From Certified Cost or Pricing 

Data Requirements—Adequate Price Competition.

9000–AN53 

234 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–010, Evaluation Factors for Multiple-Award Contracts.9000–AN54 

235 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–026, Contractor Use of Mandatory Sources of 

Supply in Service Contracts.

9000–AN55 

236 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–016, Controlled Unclassified Information (CUI) ..... 9000–AN56 

DOD/GSA/NASA (FAR)—FINAL RULE STAGE

Sequence No. Title Regulation 

Identifier No. 

237 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–015; Strategic Sourcing Documentation ................ 9000–AM89 

238 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–018; Clarification of Requirement for Justifications

for 8(a) Sole Source Contracts.

9000–AM90 

239 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–002; Set-Asides Under Multiple Award Contracts 9000–AM93 

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DOD/GSA/NASA (FAR)—FINAL RULE STAGE—Continued 

Sequence No. Title Regulation 

Identifier No. 

240 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–017; Combating Trafficking in Persons—Definition 

of ‘‘Recruitment Fees’’.

9000–AN02 

241 .................... Federal Acquisition Regulation (FAR); FAR Case 2016–007, Non-Retaliation for Disclosure of Compensation Information.9000–AN10 

242 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–005, System for Award Management Registration 9000–AN19 

243 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–039, Audit of Settlement Proposals ....................... 9000–AN26 

244 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–001, Paid Sick Leave for Federal Contractors ...... 9000–AN27 

245 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–033, Sustainable Acquisition .................................. 9000–AN28 

246 .................... Federal Acquisition Regulation: FAR Case 2016–005; Effective Communication Between Government and 

Industry.

9000–AN29 

247 .................... Federal Acquisition Regulation (FAR); FAR Case 2016–011, (S) Revision of Limitations on Subcontracting 9000–AN35 

248 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–004, Rate Adjustment of Liquidated Damages ...... 9000–AN37 

249 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–007, Task- and Delivery-Order Protests ................ 9000–AN41 

250 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–009, Special Emergency Procurement Authority ... 9000–AN45 

251 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–012, Increased Micro-Purchase Threshold for 

Certain Procurement Activities.

9000–AN50 

252 .................... Federal Acquisition Regulation (FAR); FAR Case 2017–015, Removal of Fair Pay and Safe Workplaces 

Rule.

9000–AN52 

DOD/GSA/NASA (FAR)—LONG-TERM ACTIONS

Sequence No. Title Regulation 

Identifier No. 

253 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–002; Expanded Reporting of Nonconforming Supplies.9000–AM58 

DOD/GSA/NASA (FAR)—COMPLETED ACTIONS

Sequence No. Title Regulation 

Identifier No. 

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

255 .................... Federal Acquisition Regulation (FAR); FAR Case 2012–025; Applicability of the Senior Executive Compensation Benchmark.9000–AM39 

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

257 .................... Federal Acquisition Regulation (FAR); FAR Case 2013–014; Uniform Use of Line Items ............................. 9000–AM73 

258 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–003; Small Business Subcontracting Improvements.9000–AM91 

259 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–016; Prohibition on Reimbursement for Congressional Investigations and Inquiries.9000–AM97 

260 .................... Federal Acquisition Regulation (FAR); FAR Case 2014–004; Payment of Subcontractors ........................... 9000–AM98 

261 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–012; Contractor Employee Internal Confidentiality 

Agreements.

9000–AN04 

262 .................... Federal Acquisition Regulation (FAR); FAR Case 2016–004; Acquisition Threshold for Special Emergency 

Procurement Authority.

9000–AN18 

263 .................... Federal Regulation Acquisition (FAR); FAR Case 2015–024, Public Disclosure of Greenhouse Gas Emissions and Reduction Goals-Representation.9000–AN20 

264 .................... Federal Acquisition Regulation (FAR); FAR Case 2015–035, Removal of Regulations Relating to Telegraphic Communication.9000–AN23 

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40370 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Proposed Rule Stage 

216. Federal Acquisition Regulation 

(FAR); FAR Case 2015–021; 

Determination of Fair and Reasonable 

Prices on Orders Under Multiple 

Award 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 are 

proposing to amend the FAR to direct 

contracting officers to make a 

determination of fair and reasonable 

pricing when using GSA’s Federal 

Supply Schedules (FSS). The Federal 

Acquisition Streamlining Act (FASA) of 

1994 established a preference for the 

types of information used to assess price 

reasonableness. Fair and reasonable 

price determinations are used for 

evaluating quotations, bids, and 

proposals for the source selection 

decision and during sole-source 

negotiations with the goal of promoting 

a healthy and efficient competitive 

sourcing environment. 

This rule will ensure uniform 

implementation of this FAR change 

across government contracts and avoid 

the proliferation of agency actions (e.g. 

revisions to FAR supplements or 

issuance of policy guidance) 

implementing this requirement. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AM94 

217. Federal Acquisition Regulation 

(FAR); FAR Case 2015–014; Prohibition 

on Providing Funds to the Enemy 

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 prevent 

the flow of funds to persons or entities 

that are actively opposing United States 

or coalition forces involved in a 

contingency operation. This rule 

implements subtitle E of title VIII of the 

Carl Levin and Howard P. Buck’’ 

McKeon National Defense Authorization 

Act (NDAA) for Fiscal Year (FY) 2015, 

which prohibits providing funds to the 

enemy. The statute does not apply to 

contracts that are equal to or less than 

$50,000, contracts performed inside the 

United States, or contracts subject to a 

national security exception. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/17 

NPRM Comment 

Period End.

10/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cecelia L. Davis, 

Procurement Analyst, DOD/GSA/NASA 

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

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

cecelia.davis@gsa.gov. 

RIN: 9000–AN03 

218. • FAR Acquisition Regulation 

(FAR); FAR Case 2015–038, Reverse 

Auction Guidance 

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 FAR to 

implement policies addressing the 

effective use of reverse auctions. 

Reverse auctions involve offerors 

lowering their pricing over rounds of 

bidding in order to win federal contracts 

This change will incorporates guidance 

from the OFPP memorandum, ‘‘Effective 

Use of Reverse Auctions,’’ which was 

issued in response to recommendations 

from the GAO report, Reverse Auctions: 

Guidance is Needed to Maximize 

Competition and Achieve Cost Savings 

(GAO–14–108). 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/17 

NPRM Comment 

Period End.

01/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN31 

219. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–005, 

Whistleblower Protection for 

Contractor Employees 

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 FAR to 

implement 41 U.S.C. 4712, 

Enhancement of contractor protection 

from reprisal for disclosure of certain 

information and makes the pilot 

program permanent. The pilot was 

enacted on January 2, 2013, by section 

828 of the National Defense 

Authorization Act (NDAA) for Fiscal 

Year (FY) 2013. This statute also 

clarifies that the cost principles at 10 

U.S.C. 2324(k) and 41 U.S.C. 4304 and 

4310 apply to costs incurred by a 

contractor, subcontractor, or personal 

services contractor. 

Timetable: 

Action Date FR Cite 

NPRM .................. 07/00/17 

NPRM Comment 

Period End.

09/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cecelia L. Davis, 

Procurement Analyst, DOD/GSA/NASA 

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

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

cecelia.davis@gsa.gov. 

RIN: 9000–AN32 

220. • Federal Acquisition Regulation 

(FAR); FAR Case 2015–031, Policy on 

8(a) Joint Ventures 

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 be 

consistent with the guidance in SBA 

regulations at 13 CFR 124 8(A) Business 

Development/Small Disadvantaged 

Business Status Determinations > These 

clarifications are expected to relieve 

burden on both industry and 

government by reducing the number of 

protests related to inappropriate 

elimination from competition of offers 

from 8(a) joint ventures and 

inappropriate awards to ineligible 8(a) 

joint ventures. This will reduce the risk 

for fraud by clarifying the role of SBA 

as the authority for making eligibility 

determination. The rule is also expected 

to facilitate competition by clarifying 

the circumstances under which a joint 

venture is eligible for award under the 

8(a) program. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/17 

NPRM Comment 

Period End.

11/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Procurement Analyst, DOD/GSA/NASA 

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

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

mahruba.uddowla@gsa.gov. 

RIN: 9000–AN33 

221. • Federal Acquisition Regulation; 

FAR Case 2016–002, Applicability of 

Small Business Regulations Outside the 

United States 

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) consistent 

with SBA’s final rule at 13 CFR 125.2 

as finalized in their rule Acquisition 

Process: Task and Delivery Order 

Contracts, Bundling, Consolidation’’ 

issued on October 2, 2013 to clarify that 

overseas contracting is not excluded 

from agency responsibilities to foster 

small business participation. 

In its final rule, SBA has clarified 

that, as a general matter, its small 

business contracting regulations apply 

regardless of the place of performance. 

In light of these changes, there is a need 

to amend the FAR both to bring its 

coverage into alignment with SBA’s 

regulation and to give agencies the tools 

they need especially the ability to use 

set-asides to maximize opportunities for 

small businesses overseas. 

SBA intends to include contracts 

performed outside of the United States 

in agencies’ prime contracting goals 

beginning in FY 2016. Although 

inclusion for goaling purposes is not 

dependent on FAR changes, amending 

FAR part 19 will allow agencies to take 

advantage of the tools authorized for 

providing small business opportunities 

for contracts awarded outside of the 

United States. 

This rule will allow agencies to take 

advantage of the tools authorized for 

providing small business opportunities 

for contracts awarded outside of the 

United States. This will make it easier 

for small businesses to receive 

additional opportunities for contracts 

performed outside of the United States. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

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–AN34 

222. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–008, Duties of 

Office of Small and Disadvantaged 

Business Utilization 

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 FAR to provide 

additional duties for the Office of Small 

and Disadvantaged Business Utilization 

(OSDBU), or for DoD, the Office of 

Small Business Programs (OSBP). 

Additionally the rule will include 

existing OSDBU duties that are not 

currently listed in the FAR. 

This rule implements sections 1812, 

paragraph (a) of section 1813 and 

paragraph (b) of section 1821 of the 

National Defense Authorization Act of 

Fiscal Year 2017, which amends section 

15(k) of the Small Business Act (15 

U.S.C. 644(k)). Additionally the rule 

will include existing duties prescribed 

in section 15(k) of the Small Business 

Act that are not currently listed in the 

FAR. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Janet Fry, Program 

Analyst, DOD/GSA/NASA (FAR), 1800 

F Street NW., Washington, DC 20405, 

Phone: 703 605–3167, Email: janet.fry@

gsa.gov. 

RIN: 9000–AN36 

223. • Federal Acquisition Regulation 

(FAR); FAR Case 2016–013, Tax on 

Certain Foreign Procurement 

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

U.S.C. ch 37; 51 U.S.C. 20113 

Abstract: DoD, GSA, and NASA are 

proposing to amend the FAR to 

implement a final rule issued by the 

Department of the Treasury (published 

at 81 FR 55133) that implements section 

301 of the James Zadroga 9/11 Health 

and Compensation Act of 2010, Public 

Law 111347. This section imposes on 

any foreign person that receives a 

specified Federal procurement payment 

a tax equal to 2 percent of the amount 

such payment. This rule applies to 

Federal government contracts for goods 

or services that are awarded to foreign 

persons. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/17 

Action Date FR Cite 

NPRM Comment 

Period End.

10/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN38 

224. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–003; 

Alternatives in Lieu of Corporate or 

Individual Sureties 

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

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

Abstract: DoD, GSA, and NASA are is 

proposing to amend the Federal 

Acquisition Regulation (FAR) to change 

the kinds of assets that individual 

sureties must use as security for their 

individual surety bonds. This change 

will implement section 874 of the 

NDAA for FY 2016 (Pub. L. 114–92). 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN39 

225. • Federal Acquisition Regulations 

(FAR); FAR Case 2015–002, 

Requirements for DD Form 254, 

Contract Security Classification 

Specification 

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 require 

the use of Wide Area Workflow 

(WAWF) for the submission of the DD 

Form 254, Contract Security 

Classification Specification. This form is 

used to convey security requirements 

regarding classified information to 

contractors and subcontractors and must 

be submitted to the Defense Security 

Services (DSS) when contractors or 

subcontractors require access to 

classified information under contracts 

awarded by agencies covered by the 

National Industrial Security Program 

(NISP). 

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40372 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

The NISP Contracts Classification 

System (NCCS) is being deployed as a 

module within the existing WAWF 

platform to provide a centralized 

repository for classified contract 

security requirements and automate the 

DD Form 254 processes and workflows. 

The rule also clarifies that a unique 

CAGE code is required for each location 

of performance listed on a DD Form 254 

and that System for Award Management 

(SAM) registration is only required for 

the business location listed on the 

contract. The DD Form 254 is used to 

convey security requirements regarding 

classified information to contractors and 

subcontractors and must be submitted to 

DSS when contractors or subcontractors 

require access to classified information. 

On average, approximately 130,000 

forms are received each year from 61 

agencies and components. These forms 

are submitted manually and there is no 

central repository for the form. The rule 

will provide a centralized repository for 

classified contract security requirements 

and supporting data while automating 

the DD Form 254 processes and 

workflows. By using this form, burden 

will reduce. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/17 

NPRM Comment 

Period End.

10/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover, Sr., 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN40 

226. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–014, Acquisition 

360 

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 FAR to address 

the solicitation of contractor feedback 

on both contract formation and contract 

administration activities. Agencies 

would consider this feedback, as 

appropriate, to improve the efficiency 

and effectiveness of their acquisition 

activities. The rule would create FAR 

policy to encourage regular feedback in 

accordance with agency practice (both 

on contract formation and 

administration activities) and a standard 

FAR solicitation provision to support a 

sustainable model for broadened use of 

Acquisition 360 survey to elicit 

feedback on the pre-award and 

debriefing processes in a consistent and 

standardized manner. Agencies would 

be able to use the solicitation provision 

to notify interested sources that a 

procurement is part of the Acquisition 

360 survey and encourage stakeholders 

to voluntarily provide feedback on their 

experiences on the pre-award process. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E. Glover, Sr., 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN43 

227. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–013, Breaches of 

Personally Identifiable Information 

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 revise the Federal 

Acquisition Regulation (FAR) to create 

and implement appropriate contract 

clauses and regulatory coverage to 

address contractor requirements for 

breach response consistent with the 

requirements. This FAR change will 

implement the requirements outlined in 

Office of Management and Budget 

(OMB) Memorandum, M–17–12 

‘‘Preparing for and Responding to a 

Breach of Personally Identifiable 

Information’’ section V part B. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/17 

NPRM Comment 

Period End.

02/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN44 

228. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–011, Section 

508-Based Standards in Information 

and Communication Technology 

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 

incorporate revisions and updates to 

standards in Section 508 of the 

Rehabilitation Act of 1973, developed 

by the Architectural and Transportation 

Barriers Compliance Board (also 

referred to as the ‘‘Access Board’’). This 

FAR change incorporates the U.S. 

Access Board’s final rule 82 FR 5790, 

Information and Communication 

Technology (ICT) Standards and 

Guidelines, published on January 18, 

2017 , which implemented revisions 

and updates to the section 508-based 

standards and section 255-based 

guidelines. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN46 

229. • Federal Acquisition Regulation 

(FAR); FAR Case 2016–012, 

Incremental Funding of Fixed-Price 

Contracting Actions 

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 allow 

for incrementally funding of certain 

fixed-price contracting action to help 

minimize disruptions to agency 

operations, and provide Federal 

acquisition professionals with new 

funding flexibility for fixed-price 

contracting actions. The importance of 

incremental funding policy is driven, in 

large part, by chronic impediments to 

the timely passage of the Federal 

budget. Because the FAR is silent on the 

incremental funding of fixed-price 

contracts; however, in many cases, full 

funding (due to budgetary uncertainties) 

is not possible. There is potential for 

benefits to be realized through creating 

consistent language in the FAR. The 

flexibility to incrementally fund fixedprice contracts will enable acquisition 

professionals more efficiently get 

contracts underway. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/00/17 

NPRM Comment 

Period End.

01/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40373 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN47 

230. • Federal Acquisition Regulation 

(FAR); FAR Case 2015–037, Definition 

of ‘‘Information Technology’’ 

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 revise the FAR to update 

the definition of ‘‘information 

technology,’’ as directed in the Office of 

Management and Budget Memo, M–15– 

14, entitled Management Oversight of 

Federal Information Technology.’’ 

Specifically, the rule broadens the 

definition of information technology to 

include services such as cloud 

computing and to remove an exemption 

for information technology embedded in 

other systems. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN48 

231. • Federal Acquisition Regulation 

(FAR); FAR Case 2015–028, 

Performance-Based Payments 

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 FAR to 

harmonize the policy on flowdown 

requirements at FAR 32.504 with FAR 

clause 52.232–32 for the financing of 

subcontracts through performance-based 

payments. FAR 32.504(f) states that 

‘‘When financing payments are in the 

form of performance-based payments, 

the Performance-Based Payments clause 

at 52.232–32 requires that the 

subcontract terms include the substance 

of the Performance-Based Payments 

clause, modified to indicate that the 

contractor, not the Government, awards 

the subcontract and administers the 

performance-based payments . . .’’ 

However, FAR clause 52.232–32 does 

not include instructions to the 

contractor to flowdown the 

requirements to the subcontractor. The 

FAR recognizes that prudent contract 

financing can be a useful working tool 

in Government acquisition. 

Performance-based payments are a form 

of contract financing authorized by the 

FAR under certain conditions. The 

proposed rule would merely make it 

clear to the contractor under which 

circumstances the substance of this form 

of contract financing is required to flow 

down to the subcontractor, when FAR 

52.232–32 is included in its contract. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN49 

232. • Federal Acquisition Regulation 

(FAR); FAR Case 2015–004, Provisions 

and Clauses for Acquisitions of 

Commercial Items and Acquisitions 

That Do Not Exceed the Simplified 

Acquisition Threshold (SAT) 

Legal Authority: Not Yet Determined 

Abstract: DoD, GSA, and NASA are 

proposing to revise the FAR with an 

internal administrative change to 

support the use of automated contract 

writing systems and reduce FAR 

maintenance when clauses are updated. 

Currently, the FAR provides a single, 

consolidated list of all provisions and 

clauses applicable to the acquisition of 

commercial items. When new clauses 

applicable to commercial items are 

added the FAR, a manual process of 

cross checking and renumbering of the 

list is employed the conform the FAR, 

The process is cumbersome and 

inefficient, and challenging to maintain, 

especially for contract writing systems. 

The propose rule would propose a 

change to each clause prescription and 

each clause flowdown for commercial 

items to specify required information 

within the prescription/clause itself, 

without having to cross-check another 

clause, list or other parts of the FAR. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

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–AN51 

233. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–006, Exception 

From Certified Cost or Pricing Data 

Requirements—Adequate Price 

Competition 

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 

implement section 822 of the National 

Defense Authorization Act (NDAA) for 

Fiscal Year (FY) 2017 (Pub. L. 114–328). 

This addresses the exception from 

certified cost or pricing data 

requirements when price is based on 

adequate price competition. It also 

limits the exception for price based on 

adequate price competition to 

circumstances in which there is 

adequate competition that results in at 

least two or more responsive and viable 

competing bids. 

Timetable: 

Action Date FR Cite 

NPRM .................. 08/00/17 

NPRM Comment 

Period End.

10/00/17 

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–AN53 

234. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–010, Evaluation 

Factors for Multiple-Award 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 are 

proposing to amend the Federal 

Acquisition Regulation (FAR) to 

implement section 825 of the NDAA for 

FY 17 (Pub. L. 114–328) which changes 

the requirement regarding the 

consideration of cost or price to the 

Government as a factor in the evaluation 

of proposals for certain multiple-award 

task order contracts. At the 

Government’s discretion, solicitations 

for multiple-award contracts, which 

intend to award the same or similar 

services to each qualifying offeror, do 

not require price or cost as an 

evaluation factor for the base contract 

award. This exception does not apply to 

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40374 Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 

solicitations for multiple-award 

contracts that provide for sole source 

orders pursuant to section 8(a) of the 

Small Business Act (15 U.S.C. 637(a)). 

When cost or price is not considered in 

evaluation of the base award, the 

contracting officer must consider price 

or cost as one of the factors in the 

selection decision for each order. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/00/17 

NPRM Comment 

Period End.

11/00/17 

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–AN54 

235. • Federal Acquisition Regulation 

(FAR); FAR Case 2015–026, Contractor 

Use of Mandatory Sources of Supply in 

Service 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 are 

proposing to amend the Federal 

Acquisition Regulation (FAR) clause 

associated with the AbilityOne Program. 

These revisions respond to concerns 

raised by the Committee for Purchase 

From People Who Are Blind or Severely 

Disabled (Committee) that a FAR 

clarification is necessary for situations 

when Government agencies contract 

with commercial sources to perform an 

agency’s service function. The 

Committee believes that reductions in 

procurement of several service-related 

supplies has adversely affected 

employment of people who are blind or 

have significant disabilities because of 

the lack of this clarification. 

The proposed revision will emphasize 

that contractors must use mandatory 

sources of supply in service contracts 

and to update the procedures associated 

with purchases made through the 

AbilityOne Program to conform to the 

current Committee regulatory 

administration of this statutory program. 

The rule will clarify the obligation for 

Government agencies to satisfy their 

requirements for certain supplies and 

services from the Procurement List 

maintained by the Committee. 

Timetable: 

Action Date FR Cite 

NPRM .................. 10/00/17 

NPRM Comment 

Period End.

12/00/17 

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–AN55 

236. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–016, Controlled 

Unclassified Information (CUI) 

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 

implement the National Archives and 

Records Administration (NARA) 

Controlled Unclassified Information 

(CUI) program of Executive Order 13556 

of Nov 4, 2010. As the executive agent 

designated to oversee the 

governmentwide CUI program, NARA 

issued implementing regulations in late 

2016 designed to address agency 

policies for designating, safeguarding, 

disseminating, marking, decontrolling 

and disposing of CUI. The NARA rule 

affects contractors that handle, possess, 

use, share or receive CUI. The NARA 

regulation is codified at 32 CFR 2002. 

This FAR rule is necessary to ensure 

uniform implementation of the 

requirements of the CUI program in 

contracts across the government, 

thereby avoiding potentially 

inconsistent agency-level action. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/00/17 

NPRM Comment 

Period End.

02/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN56 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Final Rule Stage 

237. Federal Acquisition Regulation 

(FAR); FAR Case 2015–015; Strategic 

Sourcing Documentation 

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 

implement a section of the Carl Levin 

and Howard P. Buck’’ McKeon National 

Defense Authorization Act for Fiscal 

Year 2015. This section requires the 

contract file shall contain certain 

documentation if the Federal 

Government makes a purchase of 

supplies and services offered under the 

Federal Strategic Sourcing Initiative 

(FSSI), but the FSSI is not used. The 

contract file for the purchase shall 

include a brief analysis of the 

comparative value, including price and 

non-price factors, between the supplies 

and services offered under the FSSI and 

those offered under the source(s) to be 

used for the purchase. 

While all action involved on the rule 

is internal to the Government, the 

documentation requirement ensures a 

contracting officer considers contract 

vehicles under the Federal Strategic 

Sourcing Initiative (FSSI). In doing so, 

the rule will raise the visibility of these 

strategic sourcing solutions, promote 

their use, and help to better leverage the 

Government’s buying power. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/20/16 81 FR 39883 

NPRM Comment 

Period End.

08/19/16 

Final Rule ............ 10/00/17 

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–AM89 

238. Federal Acquisition Regulation 

(FAR); FAR Case 2013–018; 

Clarification of Requirement for 

Justifications for 8(A) Sole Source 

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 are 

implementing a final rule to amend the 

Federal Acquisition Regulation to 

clarify the guidance for sole source 8(a) 

contract awards exceeding $22 million. 

This rule implements guidance from a 

Government Accountability Office 

report entitled Federal Contracting: 

Slow Start to Implementation of 

Justifications for 8(a) Sole-Source 

Contracts’’ (GA0–13–118, December 

2012). Sole-source contracting 

regulations are statutory and are found 

in section 811 of the National Defense 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40375 

Authorization Act for Fiscal Year 2010 

(Pub. L. 11184) (see 77 FR 23369). These 

clarifications improve the contracting 

officer’s ability to comply with the sole 

source contracts statutory requirements. 

The GAO report indicates that the 

FAR needed additional clarification of 

justification to help ensure that agencies 

are applying the requirement 

consistently. This rule provides such 

guidance, including when justification 

is necessary, how contracting officers 

should comply, and when a separate 

sole-source justification is necessary for 

out-of-scope modifications to 8(a) solesource contracts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/15/16 81 FR 80012 

NPRM Comment 

Period End.

01/17/17 

Final Rule ............ 10/00/17 

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–AM90 

239. Federal Acquisition Regulation 

(FAR); FAR Case 2014–002; Set-Asides 

Under Multiple Award 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 are 

issuing a final rule amending the FAR 

to implement regulatory changes 

regarding procedures for the use of 

small business partial set-asides, 

reserves, and orders placed under 

multiple-award contracts. This rule 

incorporates statutory requirements 

discussed at section 1331 of the Small 

Business Jobs Act of 2010 (15 U.S.C. 

644(r)) and the Small Business 

Administration’s final rule at 78 FR 

61114, dated October 2, 2013. 

The rule increases small business 

participation in Federal prime contracts 

by ensuring that small businesses have 

greater access to multiple award 

contracts and clarifying the procedures 

for submitting proposals for partial setasides, reserves, and orders placed 

under such contracts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 12/06/16 81 FR 88072 

NPRM Comment 

Period End.

02/06/17 

Final Rule ............ 09/00/17 

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–AM93 

240. Federal Acquisition Regulation 

(FAR); FAR Case 2015–017; Combating 

Trafficking in Persons—Definition of 

‘‘Recruitment Fees’’ 

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 to revise the FAR to 

implement Executive Order (E.O.) 

13627, Strengthening Protections 

Against Trafficking in Persons in 

Federal Contracts, and title XVII of the 

National Defense Authorization Act for 

Fiscal Year 2013, which became 

effective on March 2, 2015. The rule 

adds a definition of ‘‘recruitment fees’’ 

to subpart 22.17, Combating Trafficking 

in Persons, and the associated clause in 

order to clarify how the Government 

treats this prohibited practice that has 

been associated with labor trafficking 

under contracts and subcontracts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/11/16 81 FR 29244 

NPRM Comment 

Period End.

07/11/16 

Final Rule ............ 09/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cecelia L. Davis, 

Procurement Analyst, DOD/GSA/NASA 

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

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

cecelia.davis@gsa.gov. 

RIN: 9000–AN02 

241. Federal Acquisition Regulation 

(FAR); FAR Case 2016–007, NonRetaliation for Disclosure of 

Compensation Information 

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

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

Abstract: DoD, GSA, and NASA plan 

to adopt as final, without change, an 

interim rule amending the Federal 

Acquisition Regulation (FAR) to 

implement Executive Order (E.O.) 

13665, entitled ‘‘Non-Retaliation for 

Disclosure of Compensation 

Information.’’ signed April 8, 2014, (79 

FR 20749) and the final rule issued by 

the Office of Federal Contract 

Compliance Programs (OFCCP) of the 

Department of Labor (DOL) at 80 FR 

54934, on September 11, 2015, entitled 

‘Government Contractors, Prohibitions 

Against Pay Secrecy Policies and 

Actions.’ 

This rule provides for a uniform 

policy for the Federal Government to 

prohibit Federal contractors from 

discriminating against employees and 

job applicants who inquire about, 

discuss, or disclose their own 

compensation or the compensation of 

other employees or applicants. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 09/30/16 81 FR 67732 

Interim Final Rule 

Comment Period End.

11/29/16 

Final Rule ............ 11/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN10 

242. Federal Acquisition Regulation 

(FAR); FAR Case 2015–005, System for 

Award Management Registration 

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 to amends the 

Federal Acquisition Regulation (FAR) to 

update the instructions for System for 

Award Management (SAM) registration 

requirements and to correct an 

inconsistency with offeror 

representation and certification 

requirements. This rule makes 

consistent the language regarding 

offerors’ registration in SAM prior to 

submitting an offer or prior to award. 

The instructions clarify that once a 

business is registered in the SAM 

database, it is only required to update 

the SAM database registration in 

accordance with the clause 52.204–7 or 

if there are new decisions on its labor 

violations at clause 52.222–59. 

Timetable: 

Action Date FR Cite 

NPRM .................. 05/20/16 81 FR 31895 

NPRM Comment 

Period End.

07/19/16 

Final Rule ............ 09/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E Glover Sr., 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AN19 

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243. Federal Acquisition Regulation 

(FAR); FAR Case 2015–039, Audit of 

Settlement Proposals 

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 to amends the 

Federal Acquisition Regulation (FAR) to 

raise the dollar threshold requirement 

for the audit of prime contract 

settlement proposals and subcontract 

settlements from $100,000 to the Truth 

In Negotiation Act (TINA) threshold of 

$750,000 to help alleviate the backlog of 

contract close-outs and to enable 

contracting officers to more quickly 

deobligate excess funds from terminated 

contracts. 

Timetable: 

Action Date FR Cite 

NPRM .................. 09/14/16 81 FR 63158 

NPRM Comment 

Period End.

11/14/16 

Final Rule ............ 09/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN26 

244. Federal Acquisition Regulation 

(FAR); FAR Case 2017–001, Paid Sick 

Leave for Federal 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 plan 

to finalize an interim rule amending the 

Federal Acquisition Regulation (FAR) 

requiring Federal Government 

contractors to ensure that employees on 

those contracts can earn up to 7 days or 

more of paid sick leave annually, 

including paid sick leave for family 

care. This rule implements the objective 

of E.O. 13706, Establishing Paid Sick 

Leave for Federal Contractors and 

Department of Labor’s final rule 

codified at 29 CFR part 13. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 12/16/16 81 FR 91627 

Interim Final Rule 

Effective.

01/01/17 

Interim Final Rule 

Comment Period End.

02/14/17 

Final Rule ............ 11/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN27 

245. • Federal Acquisition Regulation 

(FAR); FAR Case 2015–033, Sustainable 

Acquisition 

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

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

Abstract: DoD, GSA and NASA plan 

to issue a final rule to amends the FAR 

to add a new definition for sustainable 

products and services and update 

several existing definitions germane to 

sustainable acquisition. This rule will 

also provide two new Web sites to help 

contractors understand the sustainable 

acquisition requirements and gain 

access to a listing of sustainable 

products and services as determined by 

the Federal Government. The rule 

implements Executive Order 13693, 

Planning for Federal Sustainability in 

the Next Decade (supersedes E.O.s 

13423 and 13514), and the biobased 

product acquisition provisions of the 

Agricultural Act of 2014 (also known as 

the 2014 Farm Bill). 

Timetable: 

Action Date FR Cite 

NPRM .................. 01/18/17 82 FR 5490 

NPRM Comment 

Period End.

03/20/17 

Final Rule ............ 11/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles Gray, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 703 795–6328, Email: 

chuck.gray@gsa.gov. 

RIN: 9000–AN28 

246. • Federal Acquisition Regulation: 

FAR CASE 2016–005; Effective 

Communication Between Government 

and Industry 

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

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

Abstract: The Council amends the 

FAR to implement section 887 of the 

NDAA for FY 2016 (Pub. L. 114–92), 

which provides that agency acquisition 

personnel are permitted and encouraged 

to engage in responsible and 

constructive exchanges with industry. 

The rule clarifies agency acquisition 

personnel are permitted and encouraged 

to engage in responsible and 

constructive exchanges with industry, 

in a manner consistent with existing law 

and regulation and without promoting 

an unfair competitive advantage. 

Timetable: 

Action Date FR Cite 

NPRM .................. 11/29/16 81 FR 85914 

NPRM Comment 

Period End.

03/02/17 

Final Rule ............ 11/00/17 

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–AN29 

247. • Federal Acquisition Regulation 

(FAR); FAR Case 2016–011, (S) 

Revision of Limitations on 

Subcontracting 

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 is to amend the 

Federal Acquisition Regulation (FAR) to 

revise and standardize the limitations 

on subcontracting (LOS), including the 

nonmanufacturer rule (NMR), which 

apply to small business concerns under 

FAR part 19 procurements. This FAR 

change incorporates SBA final rule 

which implemented the statutory 

requirements of section 1651 of the 

National Defense Authorization Act for 

Fiscal Year 2013. This action is 

necessary to meet the Congressional 

intent of clarifying the limitations on 

subcontracting with which small 

businesses must comply, as well as the 

ways in which they can comply. Failure 

to implement section 1651 promptly 

will prevent small businesses from 

taking advantage of subcontracts with 

similarly situated entities. As a result, 

small businesses may be unable to 

compete for larger contracts, which 

would adversely affect their potential 

for growth as well as that of their 

potential subcontractors. 

Timetable: 

Action Date FR Cite 

Interim Final Rule 08/00/17 

Interim Final Rule 

Comment Period End.

10/00/17 

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–AN35 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40377 

248. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–004, Rate 

Adjustment of Liquidated Damages 

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

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

Abstract: DoD, GSA, and NASA plan 

to issue a final rule amending the 

Federal Acquisition Regulation (FAR) to 

adjust the civil monetary penalties for 

inflation pursuant to the Inflation 

Adjustment Act Improvements Act. This 

Act requires agencies to adjust the levels 

of civil monetary penalties with an 

initial catch-up adjustment, followed by 

the annual adjustment for inflation. 

This rule implements the Department 

of Labor (DOL) interim final rule 

published in the Federal Register at 81 

FR 43430 on July 1, 2016, finalized at 

82 FR 5373 on January 18, 2017. The 

DOL rule adjusted the civil monetary 

penalties for inflation pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 as amended by 

the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Sec. 701 of Pub. L. 114–74). 

Timetable: 

Action Date FR Cite 

Final Rule ............ 09/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN37 

249. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–007, Task- and 

Delivery-Order Protests 

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

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

Abstract: DoD, GSA, and NASA plan 

to issue a final rule to raise the 

threshold for task- and delivery-order 

protests from $10 million to $25 million 

for DoD and make permanent the 

General Accountability Office’s 

authority to hear protests on civilian 

task or delivery contracts valued in 

excess of $10 million. The rule 

implements sections 835 of the National 

Defense Authorization Act for FY 2017 

(Pub. L. 114–328) and Public Law 114– 

260 835(a). Implementation of the Act 

reinforces the importance of bid protests 

in the procurement process as it 

provides relief to protestors either a 

sustain’’ decision or voluntary agency 

corrective action. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 09/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles Gray, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 703 795–6328, Email: 

chuck.gray@gsa.gov. 

RIN: 9000–AN41 

250. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–009, Special 

Emergency Procurement Authority 

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

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

Abstract: The Council is proposing to 

amend the Federal Acquisition 

Regulation (FAR) to implement sections 

816 and 1641 of the National Defense 

Authorization Act for Fiscal Year 2017 

(Pub. L. 114–328). Section 816 adds 

international disaster assistance under 

the Foreign Assistance Act of 1961 and 

emergency or disaster under the Robert 

T. Stafford Disaster Relief and 

Emergency Assistance Act. Section 1641 

adds special emergency procurement 

authority to facilitate defense against or 

recovery from a cyber-attack. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 08/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN45 

251. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–012, Increased 

Micro-Purchase Threshold for Certain 

Procurement Activities 

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

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

Abstract: DoD, GSA, and NASA plan 

to issue a final rule to implement 

section 217(b)(1) of the NDAA for FY 

2017 (Pub. L. 114–328). This section 

provide a micro-purchase threshold of 

$10,000 or a higher amount, as 

determined appropriate by the head of 

the executive agency and consistent 

with clean audit findings under chapter 

75 of title 31, internal institutional risk 

assessment, or state law. This new 

threshold applies to awards to 

institutions of higher education or 

related or affiliated nonprofit entities, or 

to nonprofit research organizations or 

independent research institutes. 

Timetable: 

Action Date FR Cite 

Final Rule ............ 08/00/17 

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–AN50 

252. • Federal Acquisition Regulation 

(FAR); FAR Case 2017–015, Removal of 

Fair Pay and Safe Workplaces Rule 

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

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

Abstract: DoD, GSA and NASA plan 

to issue a final rule to repeal the 

implementation of Executive Order 

13673 on Fair Pay and Safe Workplaces 

since Executive Order 13673 was 

officially nullified on March 27, 2017 

(see Pub. L. 115–11). Additionally, 

Executive Order 13782 of March 30, 

2017, revoked Executive Order 13673, 

section 3 of Executive Order 13683 of 

December 11, 2014, and Executive 

Order 13738 of August 23, 2016. This 

action was made to have no force or 

effect by an enacted joint resolution of 

disapproval under the Congressional 

Review Act, H.J. Res. 37 (Pub. L. 115– 

11). 

Timetable: 

Action Date FR Cite 

Final Rule, CRA 

Revocation.

06/00/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AN52 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Long-Term Actions 

253. Federal Acquisition Regulation 

(FAR); FAR Case 2013–002; Expanded 

Reporting of Nonconforming Supplies 

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 expand 

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Government and contractor 

requirements for reporting of 

nonconforming items. This rule 

partially implements section 818 of the 

National Defense Authorization Act 

(NDAA) for Fiscal Year (FY) 2012 and 

implement requirements of the Office of 

Federal Procurement Policy (OFPP) 

Policy Letter 91–3, entitled ‘‘Reporting 

Nonconforming Products,’’ dated April 

9, 1991. 

This change will help mitigate the 

growing threat that counterfeit items 

pose when used in systems vital to an 

agency’s mission. The primary benefit of 

this rule is to reduce the risk of 

counterfeit items entering the supply 

chain by ensuring that contractors 

report suspect items to a widely 

available database. 

Timetable: 

Action Date FR Cite 

NPRM .................. 06/10/14 79 FR 33164 

NPRM Comment 

Period End.

08/11/14 

Final Rule ............ 06/00/18 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Procurement Analyst, DOD/GSA/NASA 

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

DC 20405, Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AM58 

DEPARTMENT OF DEFENSE/ 

GENERAL SERVICES 

ADMINISTRATION/NATIONAL 

AERONAUTICS AND SPACE 

ADMINISTRATION (FAR) 

Completed Actions 

254. 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 

issued a final rule to amend the Federal 

Acquisition Regulation (FAR) to ensure 

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. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/20/16 81 FR 93476 

Reason Date FR Cite 

Final Rule Effective.01/19/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles Gray, Phone: 

202 795–6328, Email: charles.gray@

gsa.gov. 

RIN: 9000–AM02 

255. Federal Acquisition Regulation 

(FAR); FAR Case 2012–025; 

Applicability of the Senior Executive 

Compensation Benchmark 

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

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

Abstract: Withdrawal Justification: 

The NDAA for FY 17 repealed the 

retroactive applicability of the cap on 

contractor employee compensation (for 

allowability purposes), set forth in 

section 803(c) of the NDAA for FY 12 

(Pub. L. 11281; 125 Stat. 1485; 10 U.S.C. 

2324 note). Accordingly, the case was 

closed once the NDAA for FY 17 was 

signed into law.) 

Completed: 

Reason Date FR Cite 

Withdrawn ........... 03/15/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AM39 

256. 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 

amended 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 releasing a 

requirement for non-8(a) procurements, 

and the ways a participant could exit 

the 8(a) Business Development program. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/13/17 82 FR 4724 

Final Rule Effective.01/13/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AM68 

257. Federal Acquisition Regulation 

(FAR); FAR Case 2013–014; Uniform 

Use of Line 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 

amended the Federal Acquisition 

Regulation to establish and require a 

uniform use of a line item identification 

structure in Federal procurement. The 

system is designed to improve the 

accuracy, traceability, and usability of 

procurement data. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/13/17 82 FR 4709 

Final Rule Effective.01/13/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis; 

Phone: 202 550–0935; Email: 

camara.francis@gsa.gov. 

RIN: 9000–AM73 

258. Federal Acquisition Regulation 

(FAR); FAR Case 2014–003; Small 

Business Subcontracting Improvements 

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 (FAR) to implement 

regulatory changes made by the Small 

Business Administration (SBA) in its 

final rule, concerning small business 

subcontracting. Among other things, 

SBA’s final rule implements the 

statutory requirements set forth at 

sections 1321 and 1322 of the Small 

Business Jobs Act of 2010. 

Completed: 

Reason Date FR Cite 

Final Rule Effective.11/01/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Mahruba Uddowla, 

Phone: 703 605–2868, Email: 

mahruba.uddowla@gsa.gov. 

RIN: 9000–AM91 

259. Federal Acquisition Regulation 

(FAR); FAR Case 2015–016; Prohibition 

on Reimbursement for Congressional 

Investigations and Inquiries 

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 

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Federal Register / Vol. 82, No. 163 / Thursday, August 24, 2017 / Unified Agenda 40379 

Regulation (FAR) to implement section 

857 of the Carl Levin and Howard P. 

‘Buck’ McKeon National Defense 

Authorization Act for Fiscal Year 2015. 

This section provides additional 

requirements relative to the allowability 

of costs incurred by a contractor in 

connection with a congressional 

investigation or inquiry. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/13/17 82 FR 4732 

Final Rule Effective.01/13/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Zenaida Delgado, 

Phone: 202 969–7207, Email: 

zenaida.delgado@gsa.gov. 

RIN: 9000–AM97 

260. Federal Acquisition Regulation 

(FAR); FAR Case 2014–004; Payment of 

Subcontractors 

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 (FAR) to implement a 

section of the Small Business Jobs Act 

of 2010. This statute requires 

contractors to notify the contracting 

officer in writing if the contractor pays 

a reduced price to a small business 

subcontractor, or if the contractor’s 

payment to a small business contractor 

is more than 90 days past due. 

Additional information is located in the 

FAR final plan (2016), available at: 

https://www.acquisition.gov/. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 12/20/16 81 FR 93481 

Final Rule Effective.01/19/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Curtis E Glover, 

Phone: 202 501–1448, Email: 

curtis.glover@gsa.gov. 

RIN: 9000–AM98 

261. Federal Acquisition Regulation 

(FAR); FAR Case 2015–012; Contractor 

Employee Internal Confidentiality 

Agreements 

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 (FAR) to implement a 

section of the Consolidated and Further 

Continuing Appropriations Act, 2015, 

that prohibits the use of funds, 

appropriated or otherwise made 

available, for a contract with an entity 

that requires employees or 

subcontractors to sign an internal 

confidentiality agreement that restricts 

such employees or subcontractors from 

lawfully reporting waste, fraud, or abuse 

to a designated Government 

representative authorized to receive 

such information. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/13/17 82 FR 4717 

Final Rule Effective.01/19/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Cecelia L Davis, 

Phone: 202 219–0202, Email: 

cecelia.davis@gsa.gov. 

RIN: 9000–AN04 

262. Federal Acquisition Regulation 

(FAR); FAR Case 2016–004; Acquisition 

Threshold for Special Emergency 

Procurement Authority 

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 FAR to implement section 

816 of the National Defense 

Authorization Act for Fiscal Year 2016 

to raise the simplified acquisition 

threshold for special emergency 

procurement authority from $300,000 to 

$750,000 (within the United States) and 

from $1 million to $1.5 million (outside 

the United States). The threshold is 

used to support contingency operations 

or to facilitate defense against or 

recovery from nuclear, biological, 

chemical, or radiological attack. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 01/13/17 82 FR 4716 

Final Rule Effective.01/13/17 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN18 

263. Federal Regulation Acquisition 

(FAR); FAR Case 2015–024, Public 

Disclosure of Greenhouse Gas 

Emissions and Reduction GoalsRepresentation 

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 (FAR) to create an annual 

representation within the System for 

Award Management for vendors to 

indicate if and where they publicly 

disclose greenhouse gas emissions and 

greenhouse gas reduction goals or 

targets. This information will help the 

Government assess supplier greenhouse 

gas management practices and assist 

agencies in developing strategies to 

engage with contractors to reduce 

supply chain emissions, as directed in 

the Executive Order on Planning for 

Federal Sustainability in the Next 

Decade. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 11/18/16 81 FR 83092 

Final Rule Effective.12/19/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Charles Gray, Phone: 

703 795–6328, Email: charles.gray@

gsa.gov. 

RIN: 9000–AN20 

264. Federal Acquisition Regulation 

(FAR); FAR Case 2015–035, Removal of 

Regulations Relating to Telegraphic 

Communication 

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 (FAR) to delete the use of 

telegram, telegraph , and related terms. 

The objective is to delete reference to 

obsolete technologies no longer in use 

and replace with references to electronic 

communications. In addition, 

conforming changes are proposed 

covering expedited notice of 

termination and change orders. 

Completed: 

Reason Date FR Cite 

Final Rule ............ 11/18/16 81 FR 83097 

Final Rule Effective.12/19/16 

Regulatory Flexibility Analysis 

Required: Yes. 

Agency Contact: Camara Francis, 

Phone: 202 550–0935, Email: 

camara.francis@gsa.gov. 

RIN: 9000–AN23 

[FR Doc. 2017–17028 Filed 8–23–17; 8:45 am] 

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