[Federal Register: December 27, 1999 (Volume 64, Number 247)]
[Rules and Regulations]
[Page 72413-72415]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de99-22]
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Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1 et al.
Civilian Agency Acquisition Council and Defense Acquisition Regulations
Council: Federal Acquisition Regulations; Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 97-15; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim rules, and technical
amendments and corrections.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules issued by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 97-15. A companion document, the Small Entity Compliance
Guide (SECG), follows this FAC. The FAC, including the SECG, is
available via the Internet at http://www.arnet.gov/far.
DATES: For effective dates and comment dates, see separate documents
which follow.
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 the analyst whose name appears in the table below in
relation to each FAR case or subject area. Please cite FAC 97-15 and
specific FAR case number(s). Interested parties may also visit our
website at http://www.arnet.gov/far.
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Item Subject FAR case Analyst
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I............................ Pollution Control and Clean Air 97-033 Linfield
and Water.
I............................ Foreign Acquisition (Part 25 97-024 Linfield
Rewrite).
III.......................... Contract Bundling (Interim)...... 1997-306 De Stefano
(97-306)
IV........................... Deobligation Authority........... 99-015 Klein
V............................ Transition of the Financial 99-602 Nelson
Management System Software
Program.
VI........................... Document Availability............ 99-018 Moss
VII.......................... SBA's 8(a) Business Development 98-011 Moss
Program.
VIII......................... Special Simplified Procedures for 99-304 Moss
Purchases of Commercial Items in
Excess of the Simplified
Acquisition Threshold.
IX........................... Review of Award Fee 98-017 De Stefano
Determinations (Burnside-Ott).
X............................ Nondisplacement of Qualified 99-600 O'Neill
Workers--Commercial Items.
XI........................... Technical Amendments.............
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments to these FAR cases, refer to the
specific item number and subject set forth in the documents following
these item summaries.
Federal Acquisition Circular 97-15 amends the FAR as specified
below:
Item I--Pollution Control and Clean Air and Water (FAR Case 97-033)
This final rule amends the FAR to remove Subpart 23.1, Pollution
Control and Clear Air and Water; the provision at 52.223-1, Clean Air
and Water Certification; and the clause at 52.223-2, Clean Air and
Water. This amendment eliminates the burden on offerors to certify that
they do not propose to use a facility for performance of the contract
that is on the Environmental Protection Agency's (EPA) ``List of
Violating Facilities.'' Contracting officers will use the ``GSA List of
Parties Excluded from Federal Procurement and Nonprocurement Programs''
(GSA List) to ensure that they do not award contracts to ineligible
offerors. Excluded parties whose ineligibility is limited by reason of
a Clean Air Act (CAA) or Clean Water Act (CWA) conviction are
identified by the facility and conviction listing, the Cause and
Treatment Code ``H'' annotation, in the GSA List. Internet access to
the GSA List is available at http://www.epls.arnet.gov. These FAR
changes do not change long-standing policy that a contracting officer
cannot award a contract if performance of the contract would be at a
facility convicted of a CAA or CWA violation unless the EPA has
certified that the facility has corrected the cause giving rise to the
conviction.
Item II--Foreign Acquisition (Part 25 Rewrite) (FAR Case 97-024)
This final rule amends FAR Parts 1, 2, 5, 6, 9, 12, 13, 14, 15, 17,
25, 36, and 52 to clarify policies and procedures concerning foreign
acquisition and to rewrite Part 25 in plain language.
Item III--Contract Bundling (FAR Case 1997-306) (97-306)
This interim rule amends the FAR to implement Sections 411-417 of
the Small Business Reauthorization Act of 1997. Sections 411-417 amend
Title 15 of the U.S.C. to define ``contract bundling,'' and to require
agencies to avoid unnecessary bundling that precludes small business
participation in the performance of Federal contracts.
Item IV--Deobligation Authority (FAR Case 99-015)
This final rule revises FAR 4.804-5 and 42.302 to establish
deobligation of excess funds as one of the contract administration
functions normally delegated to the contract administration office. In
addition, the rule includes editorial revisions for plain language
purposes.
Item V--Transition of the Financial Management System Software
Program (FAR Case 99-602)
This final rule amends the FAR to delete Subpart 8.9, Financial
Management Systems Software Mandatory Multiple Award Schedules
Contracts Program.
Item VI--Document Availability (FAR Case 99-018)
This final rule amends the Federal Acquisition Regulation (FAR) at
11.201(d) and 52.211-2 to update how the public may obtain Department
of Defense specifications and standards.
Item VII--SBA's 8(a) Business Development Program (FAR Case 98-011)
The interim rule published as Item III of FAC 97-12 is converted to
a final rule without changes. The rule implements changes made in the
Small Business Administration's 8(a) Business Development (8(a)BD)
Program regulation, contained in 13 CFR Parts 121, 124, and 134,
regarding the eligibility procedures for admission to
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the 8(a)BD and contractual assistance programs.
VIII--Special Simplified Procedures for Purchases of Commercial
Items in Excess of the Simplified Acquisition Threshold (FAR Case
99-304)
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 simplified acquisition threshold, but not exceeding
$5,000,000.
Item IX--Review of Award Fee Determinations (Burnside-Ott) (FAR
Case 98-017)
This final rule amends the Federal Acquisition Regulation (FAR) to
implement rulings of the United States Court of Appeals and the United
States Court of Federal Claims. The rulings are that the Contract
Disputes Act applies to all disputes arising under Government
contracts, unless a more specific statute provides for other remedies.
Item X--Nondisplacement of Qualified Workers--Commercial Items (FAR
Case 99-600)
This final rule amends FAR 52.212-5(c) to add the clause entitled
52.222-50, Nondisplacement of Qualified Workers, to the list of clauses
that the contracting officer may incorporate by reference when
applicable.
Item XI--Technical Amendments
Amendments are being made at sections 2.101, 5.205, 14.201-6,
15.208, 19.702, 32.503-6, 33.213, 36.104, 42.203, 52.215-1, 52.228-14,
and 52.236-25 in order to update references and make editorial changes.
Dated: December 20, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Federal Acquisition Circular (FAC) 97-15 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
All Federal Acquisition Regulation (FAR) changes and other
directive material contained in FAC 97-15 are effective February 25,
2000, except for items III, VI, VIII, and XI, which are effective
December 27, 1999, and Item VII which is effective December 27, 1999.
Each rule is applicable to solicitations issued on or after the rule's
effective date.
Dated: December 20, 1999.
R.D. Kerrins, Jr.,
COL, USA, Acting Director, Defense Procurement.
Dated: December 20, 1999.
J. Les Davison,
Acting Deputy Associate Administrator, Office of Acquisition Policy,
General Services Administration.
Dated: December 16, 1999.
Tom Luedtke,
Associate Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 99-33429 Filed 12-23-99; 8:45 am]
BILLING CODE 6820-EP-P