[Federal Register: December 27, 1999 (Volume 64, Number 247)] [Rules and Regulations] [Page 72447-72448] From the Federal Register Online via GPO Access [wais.access.gpo.gov] [DOCID:fr27de99-30] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 13 [FAC 97-15; FAR Case 99-304; Item VIII] RIN 9000-AI59 Federal Acquisition Regulation; Special Simplified Procedures for Purchases of Commercial Items in Excess of the Simplified Acquisition Threshold AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to implement Section 806 of the National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 106-65). Section 806 extends the test of the special simplified procedures for purchases of commercial items greater than the simplified acquisition threshold, but not exceeding $5,000,000, until January 1, 2002. DATES: Effective Date: December 27, 1999. Applicability Date: The FAR, as amended by this rule, is applicable to solicitations issued on or after December 27, 1999. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501-4755, for information pertaining to status or publication schedules. For clarification of content, contact Ms. Victoria Moss, Procurement Analyst, at (202) 501- 4764. Please cite FAC 97-15, FAR case 99-304. SUPPLEMENTARY INFORMATION: A. Background This final rule amends FAR Subpart 13.5 to implement Section 806 of the National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 106-65). Section 806 amends Section 4202(e) of the Clinger-Cohen Act of 1996 (Divisions D and E of Pub. L. 104-106; 110 Stat. 654; 10 U.S.C. 2304 note) to extend, through January 1, 2002, the expiration of the test of special simplified procedures for purchases of commercial items greater than the [[Page 72448]] simplified acquisition threshold, but not exceeding $5,000,000. This rule also makes plain language editorial revisions. This rule was not subject to Office of Management and Budget 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 final rule does not constitute a significant FAR revision within the meaning of FAR 1.501 and Public Law 98-577, and publication for public comments is not required. However, the Councils will consider comments from small entities concerning the affected FAR subpart 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. (FAC 97- 15, FAR case 99-304), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the 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 Part 13 Government procurement. Dated: December 20, 1999. Edward C. Loeb, Director, Federal Acquisition Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth below: PART 13--SIMPLIFIED ACQUISITION PROCEDURES 1. The authority citation for 48 CFR part 13 continues to read as follows: Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). 2. Amend section 13.500 in paragraph (b) by removing ``shall'' and adding ``must'' in its place; and by revising paragraph (d) to read as follows: 13.500 General. * * * * * (d) The authority to issue solicitations under this subpart expires on January 1, 2002. Contracting officers may award contracts after the expiration of this authority for solicitations issued before the expiration of the authority. 3. Amend section 13.501 in the introductory text of paragraphs (a)(1) and (b) by removing ``shall'' and adding ``must'' in their place; and by revising paragraph (a)(2)(ii) to read as follows: 13.501 Special documentation requirements. (a) * * * (2) * * * (ii) For a proposed contract exceeding $500,000, the competition advocate for the procuring activity, designated pursuant to 6.501, or an official described in 6.304(a)(3) or (a)(4) must approve the justification and approval. This authority is not delegable. * * * * * [FR Doc. 99-33437 Filed 12-23-99; 8:45 am] BILLING CODE 6820-EP-P