[Federal Register: April 25, 2000 (Volume 65, Number 80)]
[Rules and Regulations]
[Page 24324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap00-15]
[[Page 24324]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 47 and 52
[FAC 97-17; FAR Case 1998-604 (98-604); Item V]
RIN 9000-AI39
Federal Acquisition Regulation; Ocean Transportation by U.S.-Flag
Vessels
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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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 apply the
preference for U.S.-flag vessels to contracts awarded using simplified
acquisition procedures.
DATES: Effective Date: June 26, 2000.
Applicability Date: The FAR, as amended by this rule, is applicable
to solicitations issued on or after June 26, 2000.
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. Linda Klein, Procurement Analyst, at (202) 501-
3775. Please cite FAC 97-17, FAR case 1998-604.
SUPPLEMENTARY INFORMATION:
A. Background
The Councils published a proposed rule in the Federal Register on
July 12, 1999 (64 FR 37640). Five respondents submitted public comments
on the proposed rule. The Councils considered all public comments in
the formulation of the final rule.
This rule amends the FAR as follows:
Applies the preference for U.S.-flag vessels to contracts
awarded using simplified acquisition procedures (47.504, 52.213-4, and
52.247-64).
Adds to the clause at 52.212-5, Contract Terms and
Conditions Required to Implement Statutes or Executive Orders--
Commercial Items, Alternate I to 52.247-64, Preference for Privately
Owned U.S.-Flag Commercial Vessels.
The final rule does not incorporate in the clause at 52.247-64 the
exception at 47.504(e) for subcontracts for commercial items or
commercial components. The Councils will address this issue under FAR
case 1999-024, Preference for U.S.-Flag Vessels--Subcontracts for
Commercial Items.
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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 most ocean
transportation companies are large business concerns. This rule does
not apply to acquisitions by the Department of Defense.
C. Paperwork Reduction Act
The Paperwork Reduction Act applies. The information collection
requirements of the clause at FAR 52.247-64 have been approved under
OMB Control Number 9000-0061, which also covers clauses at 52.247-6,
52.247-29 through 52.247-44, 52.247-48, 52.247-52, and 52.247-57. FAR
52.247-64 requires contractors to submit a legible copy of the on-board
ocean bill of lading for each shipment to the contracting officer and
the Maritime Administration. This rule makes 52.247-64 applicable to
acquisitions below the simplified acquisition threshold. However, these
respondents are already required to submit some form of bill of lading
under 52.247-29 through 52.247-44. We estimate an increased number of
responses per respondent (21), but a decreased number of hours per
response (.05), resulting in no change to the number of respondents
(65,000) and total response hours (65,780).
List of Subjects in 48 CFR Parts 47 and 52
Government procurement.
Dated: April 13, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 47 and 52 as set
forth below:
1. The authority citation for 48 CFR parts 47 and 52 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).
PART 47--TRANSPORTATION
47.504 [Amended]
2. In section 47.504, remove paragraph (d) and redesignate
paragraph (e) as (d).
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. In section 52.212-5, revise the date of the clause; redesignate
paragraph (b)(26) as (b)(26)(i); and add paragraph (b)(26)(ii) to read
as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders--Commercial Items (June 2000)
* * * * *
(b) * * *
__ (26)(ii) Alternate I of 52.247-64.
* * * * *
4. In section 52.213-4, revise the date of the clause; and add
paragraph (b)(1)(xi) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (June 2000)
* * * * *
(b) * * *
(1) * * *
(xi) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (June 2000) (46 U.S.C. 1241). (Applies to
supplies transported by ocean vessels.)
* * * * *
5. In section 52.247-64, revise the date of the clause and
paragraph (d); and remove paragraph (e)(1) and redesignate paragraphs
(e)(2) through (e)(4) as (e)(1) through (e)(3), respectively. The
revised text reads as follows:
52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels.
* * * * *
Preference for Privately Owned U.S.-Flag Commercial Vessels (June 2000)
* * * * *
(d) The Contractor shall insert the substance of this clause,
including this paragraph (d), in all subcontracts or purchase orders
under this contract.
* * * * *
[FR Doc. 00-10135 Filed 4-24-00; 8:45 am]
BILLING CODE 6820-EP-P