[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Rules and Regulations]
[Page 36015-36016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-24]
[[Page 36015]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1 and 52
[FAC 97-18; FAR Case 1999-610; Item II]
RIN 9000-AI66
Federal Acquisition Regulation; FAR Drafting Principles
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 add FAR drafting
principles to enhance a common understanding of the regulation among
all members of the acquisition team and other users.
DATES: Effective Date: August 7, 2000.
Applicability Date: The FAR, as amended by this rule, is applicable
to solicitations issued on or after August 7, 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 Mr. Ralph De Stefano, Procurement Analyst, at (202)
501-1758. Please cite FAC 97-18, FAR case 1999-610.
SUPPLEMENTARY INFORMATION:
A. Background
The final rule amends FAR Parts 1 and 52 to enhance a common
understanding of how the FAR is drafted. The final rule adds FAR 1.108
and amends 1.105-2, 52.101, 52.104, 52.105, and 52.200 to reflect
current FAR drafting conventions.
DoD, GSA, and NASA published a proposed rule in the Federal
Register on January 26, 2000 (65 FR 4346). Three respondents provided
public comments. The Councils considered all the comments in the
development of the final rule. The final rule revises the proposed rule
as follows:
FAR 1.108(d)(2) to clarify that contracting officers must
not award or modify contracts to include the FAR change until the
effective date of the FAR change.
FAR 1.108(e) to include Executive orders, Office of
Management and Budget policy letters, and Code of Federal Regulations
citations.
Editorial changes throughout for clarity.
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 the rule only addresses
drafting principles and does not impose any additional requirements on
Government offerors or contractors. We did not receive any comments
regarding this determination as a result of publication of the proposed
rule in the Federal Register on January 26, 2000 (65 FR 4346).
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 Parts 1 and 52
Government procurement.
Dated: May 26, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1 and 52 as set
forth below:
1. The authority citation for 48 CFR parts 1 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
2. Amend section 1.105-2 by revising paragraphs (a) and (b)(2) to
read as follows:
1.105-2 Arrangement of regulations.
(a) General. The FAR is divided into subchapters, parts (each of
which covers a separate aspect of acquisition), subparts, sections, and
subsections.
(b) * * *
(2) Subdivisions below the section or subsection level consist of
parenthetical alpha numerics using the following sequence:
(a)(1)(i)(A)(1)(i).
* * * * *
3. Add section 1.108 to read as follows:
1.108 FAR conventions.
The following conventions provide guidance for interpreting the
FAR:
(a) Words and terms. Definitions in Part 2 apply to the entire
regulation unless specifically defined in another part, subpart,
section, provision, or clause. Words or terms defined in a specific
part, subpart, section, provision, or clause have that meaning when
used in that part, subpart, section, provision, or clause. Undefined
words retain their common dictionary meaning.
(b) Delegation of authority. Each authority is delegable unless
specifically stated otherwise (see 1.102-4(b)).
(c) Dollar thresholds. Unless otherwise specified, a specific
dollar threshold for the purpose of applicability is the final
anticipated dollar value of the action, including the dollar value of
all options. If the action establishes a maximum quantity of supplies
or services to be acquired or establishes a ceiling price or
establishes the final price to be based on future events, the final
anticipated dollar value must be the highest final priced alternative
to the Government, including the dollar value of all options.
(d) Application of FAR changes to solicitations and contracts.
Unless otherwise specified--
(1) FAR changes apply to solicitations issued on or after the
effective date of the change;
(2) Contracting officers may, at their discretion, include the FAR
changes in solicitations issued before the effective date, provided
award of the resulting contract(s) occurs on or after the effective
date; and
(3) Contracting officers may, at their discretion, include the
changes in any existing contract with appropriate consideration.
(e) Citations. When the FAR cites a statute, Executive order,
Office of Management and Budget circular, Office of Federal Procurement
Policy policy letter, or relevant portion of the Code of Federal
Regulations, the citation includes all applicable amendments, unless
otherwise stated.
(f) Imperative sentences. When an imperative sentence directs
action, the contracting officer is responsible for the action, unless
another party is expressly cited.
[[Page 36016]]
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Amend section 52.101 in paragraph (a) by revising the definition
``Substantially as follows''; and by revising paragraph (d) to read as
follows:
52.101 Using Part 52.
(a) * * *
Substantially as follows or substantially the same as, when used in
the prescription of a provision or clause, means that authorization is
granted to prepare and utilize a variation of that provision or clause
to accommodate requirements that are peculiar to an individual
acquisition. Any variation must include the salient features of the FAR
provision or clause, and must be consistent with the intent, principle,
and substance of the FAR provision or clause or related coverage of the
subject matter.
* * * * *
(d) Introductory text. Within Subpart 52.2, the introductory text
of each provision or clause includes a cross-reference to the location
in the FAR subject text that prescribes its use.
* * * * *
5. Amend section 52.104 by revising paragraph (a) to read as
follows:
52.104 Procedures for modifying and completing provisions and clauses.
(a) The contracting officer must not modify provisions and clauses
unless the FAR authorizes their modification. For example--
(1) ``The contracting officer may use a period shorter than 60 days
(but not less than 30 days) in paragraph (x) of the clause''; or
(2) ``The contracting officer may substitute the words `task order'
for the word `Schedule' wherever that word appears in the clause.''
* * * * *
6. Amend section 52.105 by revising paragraph (a) to read as
follows:
52.105 Procedures for using alternates.
(a) The FAR accommodates a major variation in a provision or clause
by use of an alternate. The FAR prescribes alternates to a given
provision or clause in the FAR subject text where the provision or
clause is prescribed. The alternates to each provision or clause are
titled ``Alternate I,'' ``Alternate II,'' ``Alternate III,'' etc.
* * * * *
7. Revise section 52.200 to read as follows:
52.200 Scope of subpart.
This subpart sets forth the text of all FAR provisions and clauses
(see 52.101(b)(1)) and gives a cross-reference to the location in the
FAR that prescribes the provision or clause.
[FR Doc. 00-13818 Filed 6-1-00; 3:59 pm]
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