[Federal Register: December 30, 2010 (Volume 75, Number 250)]
[Proposed Rules]               
[Page 82581-82582]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Chapter 1

[Docket FAR 2010-0077, Sequence 10]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-48; Small Entity Compliance Guide

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Small Entity Compliance Guide.


SUMMARY: This document is issued under the joint authority of DOD, GSA, 
and NASA. This Small Entity Compliance Guide has been prepared in 
accordance with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of rules 
appearing in Federal Acquisition Circular (FAC) 2005-48, which amend 
the Federal Acquisition Regulation (FAR). Interested parties may obtain 
further information regarding these rules by referring to FAC 2005-48, 
which precedes this document. These documents are also available via 
the Internet at http://www.regulations.gov.

DATES: For effective dates see separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below. Please cite FAC 2005-48 and the specific FAR case number. 
For information pertaining to status or publication schedules, contact 
the Regulatory Secretariat at (202) 501-4755.

                                          List of Rules in FAC 2005-48
                  Item                              Subject              FAR Case              Analyst
I.......................................  Repeal of the Small             2011-005  Morgan.
                                           Business Competitiveness
                                           Demonstration Program.
II......................................  Personal Identity               2009-027  Jackson.
                                           Verification of Contractor
III.....................................  Terminating Contracts......     2009-031  Parnell.
IV......................................  Payrolls and Basic Records.     2009-018  McFadden.

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR cases, refer to 
the specific item number and subject set forth in the documents 
following these item summaries. FAC 2005-48 amends the FAR as specified 

Item I--Repeal of the Small Business Competitiveness Demonstration 
Program (FAR Case 2011-005)

    This final rule amends the FAR to remove FAR subpart 19.10, Small 
Business Competitiveness Demonstration Program. This change is 
necessary to address the requirements of section 1335 of the Small 
Business Jobs Act of 2010 (Pub. L. 111-240) which repealed the Small 
Business Competitiveness Demonstration Program.
    This final rule also removes the following clauses: FAR 52.219-19, 
Small Business Concern Representation for the Small Business 
Competitiveness Demonstration Program; FAR 52.219-20, Notice of 
Emerging Small Business Set-Aside; and FAR 52.219-21, Small Business 
Size Representation for Targeted Industry Categories under the Small 
Business Competitiveness Demonstration Program.

Item II--Personal Identity Verification of Contractor Personnel (FAR 
Case 2009-027)

    This final rule amends the FAR to provide additional regulatory 
coverage in subpart 4.13 and in FAR clause 52.204-9 to reinforce the 
requirement of collecting from contractors all forms of Government-
provided identification once they are no longer needed to support a 
contract. The contracting officer may delay final payment under a 
contract if the contractor fails to comply with these requirements.

Item III--Terminating Contracts (FAR Case 2009-031)

    This final rule amends the FAR to clarify procedures regarding the 
applicability of FAR part 49, Termination of Contracts, to commercial 
item contracts. Minor changes are made to the proposed rule published 
in the Federal Register at 75 FR 28228 on May 20, 2010.
    The rule specifically impacts contracting officers and contractors 
by clarifying that FAR part 49 does not apply to the acquisition of 
commercial items when using procedures at FAR part 12. The rule does 
not have a significant economic impact on small entities because the 
rule does not impose any additional requirements on small businesses.

Item IV--Payrolls and Basic Records (FAR Case 2009-018)

    This rule adopts as final, with a minor change, the interim rule 
published in the Federal Register at 75 FR 34286 on June 16, 2010. The 
interim rule amended the FAR at 52.222-8, Payrolls and Basic Records to 
delete the requirement for submission of full social security numbers 
and home addresses of individual workers on weekly payroll transmittals 
by prime contractors. The rule requires contractors and subcontractors 
to maintain the full social security number and current address of each 
covered worker, and provide them upon request to the contracting 
officer, the contractor, or the Wage and Hour Division of the 
Department of Labor for purposes of an investigation or audit of 
compliance with prevailing wage requirements. The rule recognizes the 
Department of Labor's finding that complete social security numbers and 
home addresses for individual workers are personal information to the 
worker and that any unnecessary disclosure and submittal of such 
information creates an exposure to identity theft and the invasion of 
privacy for workers.

[[Page 82582]]

    Dated: December 22, 2010.
Millisa Gary,
Acting Director, Federal Acquisition Policy Division.
[FR Doc. 2010-32888 Filed 12-29-10; 8:45 am]