[Federal Register: May 31, 2011 (Volume 76, Number 104)]
[Rules and Regulations]
[Page 31416]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31my11-23]
[[Page 31416]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 42
[FAC 2005-52; FAR Case 2010-017; Item V; Docket 2010-0017, Sequence 1]
RIN 9000-AL92
Federal Acquisition Regulation; Oversight of Contractor Ethics
Programs
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to add to the list of contract
administration functions, the function to ensure that contractors have
implemented the mandatory contractor business ethics program
requirements.
DATES: Effective Date: June 30, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Anthony Robinson, Procurement
Analyst, at (202) 501-2658, for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-52, FAR
Case 2010-017.
SUPPLEMENTARY INFORMATION:
I. Background
This final rule amends the FAR in response to recommendations from
the Government Accountability Office (GAO) Report GAO-09-591, Defense
Contracting Integrity--Opportunities Exist to Improve DoD's Oversight
of Contractor Ethics Programs. The ethics program requirement flows
from FAR 52.203-13, Contractor Code of Business Ethics and Conduct.
This final rule modifies FAR 42.302, Contract Administration
Functions, to add to the list of contract administration functions, the
function to ensure that contractors have implemented the mandatory
contractor business ethics program requirements of FAR 52.203-13.
II. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is a significant regulatory action and, therefore, was subject to
review under section 6(b) of E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
III. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707. However, DoD, GSA, and
NASA will consider comments from small entities concerning the affected
FAR part in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C. 610, et seq.
(FAC 2005-52, FAR Case 2010-017) in correspondence.
IV. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 42
Government procurement.
Dated: May 18, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR part 42 as set forth
below:
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
0
1. The authority citation for 48 CFR part 42 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
0
2. Amend section 42.302 by adding paragraph (a)(71) to read as follows:
42.302 Contract administration functions.
(a) * * *
(71) Ensure that the contractor has implemented the requirements of
52.203-13, Contractor Code of Business Ethics and Conduct.
* * * * *
[FR Doc. 2011-12855 Filed 5-27-11; 8:45 am]
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