[Federal Register: December 27, 1999 (Volume 64, Number 247)]
[Rules and Regulations]
[Page 72451-72453]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27de99-34]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Regulation; Small Entity Compliance Guide
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
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SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
Administrator for the National Aeronautics and Space Administration.
This Small Entity Compliance Guide has been prepared in accordance with
Section 212 of the Small Business Regulatory Enforcement Fairness Act
of 1996 (Public Law 104-121). It consists of a summary of rules
appearing in Federal Acquisition Circular (FAC) 97-15 which amend the
FAR. The rules marked with an asterisk (*) indicate that a regulatory
flexibility analysis has been prepared in accordance with 5 U.S.C. 604.
Interested parties may obtain further information regarding these rules
by referring to FAC 97-15 which precedes this document. These documents
are also available via the Internet at http://www.arnet.gov/far.
FOR FURTHER INFORMATION CONTACT: Laurie Duarte, FAR Secretariat, (202)
501-4225. For clarification of content, contact the analyst whose name
appears in the table below.
[[Page 72452]]
List of Rules in FAC 97-15
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I Pollution Control and 97-033 Linfield
Clean Air and Water.
II Foreign Acquisition (Part 97-024 Linfield
25 Rewrite).
III * Contract Bundling 1997-306 De Stefano
(Interim). (97-306)
IV Deobligation Authority.... 99-015 Klein
V Transition of the 99-602 Nelson
Financial Management
System Software Program.
VI Document Availability..... 99-018 Moss
VII SBA's 8(a) Business 98-011 Moss
Development Program.
VIII Special Simplified 99-304 Moss
Procedures for 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 99-600 O'Neill
Qualified Workers--
Commercial Items.
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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 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.
[[Page 72453]]
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.
Dated: December 20, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 99-33441 Filed 12-23-99; 8:45 am]
BILLING CODE 6820-EP-P