[Federal Register: September 16, 2003 (Volume 68, Number 179)]
[Proposed Rules]               
[Page 54293-54294]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se03-18]                         


[[Page 54293]]

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Part III





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Parts 1, 36 and 53



Federal Acquisition Regulation; Elimination of Standard Form 1417; 
Proposed Rule


[[Page 54294]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 36, and 53

[FAR Case 2002-017]
RIN 9000-AJ73

 
Federal Acquisition Regulation; Elimination of Standard Form 1417

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

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to eliminate the use of the 
Standard Form (SF) 1417.

DATES: Interested parties should submit comments in writing on or 
before November 17, 2003 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to General Services Administration, 
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405.
    Submit electronic comments via the Internet to farcase.2002-
017@gsa.gov.    Please submit comments only and cite FAR case 2002-017 in all 
correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Cecelia L. Davis, Procurement Analyst, at (202) 
219-0202. Please cite FAR case 2002-017.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule amends FAR Subparts 1.1, 36.2, 36.7, 53.2, and 53.3, 
deleting the prescription for the use of the SF 1417, Pre-Solicitation 
Notice (Construction Contract). The proposed rule eliminates the use of 
this form in contracts for construction, alteration, or repair, or 
dismantling, demolition, or removal of improvements.
    The use of the form has become unnecessary because contracting 
officers are required to provide access to presolicitation notices 
through the Governmentwide point of entry (GPE) via the Internet at 
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fedbizopps.gov pursuant to FAR 5.204. The proposed FAR 
change to eliminate the SF 1417 complements efforts to increase 
reliance on electronic business practices in procurement in furtherance 
of the Administration's commitment to create a citizen-centric E-
Government, as outlined in the President's Management Agenda.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Councils do not expect this proposed rule to have a significant 
economic impact on a substantial number of small entities within the 
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., 
because the proposed amendments are not imposing any additional burden 
on small business. Small businesses are already aware of the 
publicizing medium the Government uses via the Internet and have made 
the necessary adaptation to keep abreast of business opportunities 
disseminated therein. The use of electronic commerce/electronic data 
interchange has become the principal medium for publicizing business 
opportunities in the Federal Government. An Initial Regulatory 
Flexibility Analysis has, therefore, not been performed. We invite 
comments from small businesses and other interested parties.
    The Councils will consider comments from small entities concerning 
the affected FAR parts 1, 36, and 53 in accordance with 5 U.S.C. 610. 
Interested parties must submit such comments separately and should cite 
5 U.S.C. 601, et seq. (FAR case 2002-017), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
changes to the FAR do not impose information collection requirements 
that require the approval of the Office of Management and Budget under 
44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 1, 36, and 53

    Government procurement.

    Dated: September 9, 2003.
Laura Auletta,
Director, Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 36, 
and 53 as set forth below:
    1. The authority citation for 48 CFR parts 1, 36, and 53 is revised 
to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

    2. Amend section 1.106 in the table following the introductory 
paragraph by removing FAR segment ``SF 1417'' and its corresponding OMB 
Control Number ``9000-0037''.

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS


36.213-2  [Amended]

    3. Amend section 36.213-2 in the first sentence of paragraph (a) by 
removing ``send'' and adding ``issue'' in its place, and removing ``to 
prospective bidders''; and in paragraph (b) by removing paragraph 
(b)(6) and redesignating paragraphs (b)(7), (b)(8), and (b)(9) as 
(b)(6), (b)(7), and (b)(8), respectively.


36.701  [Amended]

    4. Amend section 36.701 by removing paragraph (a) and redesignating 
paragraphs (b), (c), (d), and (e) as (a), (b), (c), and (d), 
respectively.

PART 53--FORMS


53.236-1  [Amended]

    5. Amend section 53.236-1 by removing paragraph (a) and 
redesignating paragraphs (b), (c), (d), (e), (f), and (g) as (a), (b), 
(c), (d), (e), and (f), respectively.


53.301-1417  [Removed]

    6. Remove section 53.301-1417.

[FR Doc. 03-23531 Filed 9-15-03; 8:45 am]