Rule2024-19173
Federal Acquisition Regulation: Reference to Penalty Threshold
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
August 29, 2024
Effective
September 30, 2024
Issuing agencies
Defense DepartmentGeneral Services AdministrationNational Aeronautics and Space Administration
Abstract
DoD, GSA, and NASA are issuing a final rule amending a Federal Acquisition Regulation (FAR) provision to align the penalties language with the equivalent penalties language at an associated FAR clause.
Full Text
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<title>Federal Register, Volume 89 Issue 168 (Thursday, August 29, 2024)</title>
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[Federal Register Volume 89, Number 168 (Thursday, August 29, 2024)]
[Rules and Regulations]
[Pages 70296-70297]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-19173]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAC 2024-07; FAR Case 2023-005, Item I; Docket No. FAR-2023-0005;
Sequence No. 1]
RIN 9000-AO53
Federal Acquisition Regulation: Reference to Penalty Threshold
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 a Federal
Acquisition Regulation (FAR) provision to align the penalties language
with the equivalent penalties language at an associated FAR clause.
DATES: Effective September 30, 2024.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Malissa Jones, Procurement Analyst, at 571-882-4687 or by email at
<a href="/cdn-cgi/l/email-protection#18757974716b6b79367277767d6b587f6b79367f776e"><span class="__cf_email__" data-cfemail="f19c909d98828290df9b9e9f9482b1968290df969e87">[email protected]</span></a>. For information pertaining to status or
publication schedules, contact the Regulatory Secretariat Division at
202-501-4755 or <a href="/cdn-cgi/l/email-protection#51160210033436023432113622307f363e27"><span class="__cf_email__" data-cfemail="f5b2a6b4a79092a69096b5928694db929a83">[email protected]</span></a>. Please cite FAC 2024-07, FAR Case
2023-005.
SUPPLEMENTARY INFORMATION:
I. Background
Lobbying coverage in the FAR is based on section 319 of Public Law
101-121, which added 31 U.S.C. 1352. Section 1352 prohibits the use of
appropriated funds to influence certain persons in connection with
awarding or modifying a contract and includes civil penalties. Office
of Management and Budget (OMB) guidance was published December 20, 1989
(54 FR 52306), which directed a FAR rule and an OMB nonprocurement
common rule be published with the same substance. A FAR rule was
published on January 20, 1990 (55 FR 3190), which has been occasionally
revised since then. The penalties section of the FAR provision at
52.203-11, Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions,
[[Page 70297]]
contains language citing the dollar figures at 31 U.S.C. 1352. The
penalties section of the FAR clause at 52.203-12, Limitation on
Payments to Influence Certain Federal Transactions, refers to 31 U.S.C.
1352 itself. These should be written the same way.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is 41 U.S.C.
1707. Subsection (a)(1) of 41 U.S.C. 1707 requires that a procurement
policy, regulation, procedure, or form (including an amendment or
modification thereof) must be published for public comment if it
relates to the expenditure of appropriated funds, and has either a
significant effect beyond the internal operating procedures of the
agency issuing the policy, regulation, procedure, or form, or has a
significant cost or administrative impact on contractors or offerors.
This final rule is not required to be published for public comment,
because it does not have a significant effect or impose any new
requirements on contractors or offerors. The rule simply amends FAR
provision 52.203-11(e) to match the language at FAR clause 52.203-12(e)
which points back to the civil penalties provided in 31 U.S.C. 1352.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Products (Including Commercially
Available Off-the-Shelf (COTS) Items), or for Commercial Services
This rule amends FAR provision 52.203-11(e) to match the language
at FAR clause 52.203-12(e), which points back to the civil penalties
provided in 31 U.S.C. 1352. This rule does not impose any new
requirements on contracts at or below the SAT, or to acquisitions for
commercial products and commercial services, including COTS items.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 (as amended by E.O. 14094) and 13563
direct agencies to assess the 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 not a significant
regulatory action and, therefore, was not subject to review under
Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated
September 30, 1993.
V. Congressional Review Act
Pursuant to the Congressional Review Act DoD, GSA, and NASA will
send this rule to each House of the Congress and to the Comptroller
General of the United States. The Office of Information and Regulatory
Affairs (OIRA) in the Office of Management and Budget has determined
that this rule does not meet the definition in 5 U.S.C. 804(2).
VI. Regulatory Flexibility Act
Because a notice of proposed rulemaking and an opportunity for
public comment are not required to be given for this rule under 41
U.S.C. 1707(a)(1) (see section II. of this preamble), the analytical
requirements of the Regulatory Flexibility Act (5 U.S.C. 601-612) are
not applicable. Accordingly, no regulatory flexibility analysis is
required, and none has been prepared.
VII. Paperwork Reduction Act
The 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. 3501-3521).
List of Subjects in 48 CFR Part 52
Government procurement.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth
below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
1. The authority citation for 48 CFR part 52 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 4 and 10 U.S.C.
chapter 137 legacy provisions (see 10 U.S.C. 3016); and 51 U.S.C.
20113.
0
2. Amend section 52.203-11 by revising the date of the provision and
paragraph (e) to read as follows:
52.203-11 Certification and Disclosure Regarding Payments to Influence
Certain Federal Transactions.
* * * * *
Certification and Disclosure Regarding Payments To Influence Certain
Federal Transactions (SEP 2024)
* * * * *
(e) Penalties. Submission of this certification and disclosure
is a prerequisite for making or entering into this contract imposed
by 31 U.S.C. 1352. Any person who makes an expenditure prohibited
under this provision or who fails to file or amend the disclosure
required to be filed or amended by this provision, shall be subject
to civil penalties as provided in 31 U.S.C. 1352. An imposition of a
civil penalty does not prevent the Government from seeking any other
remedy that may be applicable.
(End of provision)
[FR Doc. 2024-19173 Filed 8-28-24; 8:45 am]
BILLING CODE 6820-61-P
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