[Federal Register: July 28, 2000 (Volume 65, Number 146)]
[Proposed Rules]
[Page 46557-46559]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jy00-21]
[[Page 46557]]
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Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 2, 4, 14, and 32
Federal Acquisition Regulation; Definitions for Classified
Acquisitions; Proposed Rule
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 4, 14, and 32
[FAR Case 2000-404]
RIN 9000-AI81
Federal Acquisition Regulation; Definitions for Classified
Acquisitions
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquistion Regulation (FAR) to provide consistent definitions
for classified acquisitions. This case is one of a series of cases in
response to the White House memorandum, Plain Language in Government
Writing, dated June 1, 1999.
The Councils' proposed amendments are intended only to reorganize,
simplify, and clarify the FAR. The Councils do not intend to make any
substantive changes to the FAR by these amendments. Comments should
address any potential unintended substantive changes to the FAR
resulting from the proposed amendments.
DATES: Submit comments on or before September 26, 2000 to be considered
in the formulation of a final rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVR), Attn: Ms. Laurie Duarte, 1800 F Street, NW, Room
4035; Washington, DC 20405.
Submit electronic comments via the Internet to: farcase.2000-
404@gsa.gov.
Please submit comments only and cite FAR case 2000-404 in all
correspondence related to this case.
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 FAR case 2000-404.
SUPPLEMENTARY INFORMATION:
A. Background
The rule amends the Federal Acquisition Regulation (FAR) to address
perceived inconsistencies in definitions that are used for classified
acquisitions. The rule moves the definitions of ``classified
acquisition,'' ``classified contract,'' and ``classified information''
from FAR 4.401 to FAR 2.101 because the definitions apply to more than
one FAR part. Those definitions also have been amended in accordance
with plain language guidelines. We have also amended the policy
regarding bid openings for classified acquisitions at FAR 14.402-2 to
conform to plain language guidelines.
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 Councils do not expect this proposed rule to 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 while we have made changes in accordance with plain language
guidelines, we have not substantively changed procedures for award and
administration of contracts. An Initial Regulatory Flexibility Analysis
has, therefore, not been performed. We invite comments from small
businesses and other interested parties. The Councils will consider
comments from small entities concerning the affected FAR Parts 2, 4,
14, and 32 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.
(FAR case 2000-404), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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 2, 4, 14, and 32
Government procurement.
Dated: July 24, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose that 48 CFR parts 2, 4, 14,
and 32 be amended as set forth below:
1. The authority citation for 48 CFR parts 2, 4, 14, and 32
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 2--DEFINITIONS OF WORDS AND TERMS
2. Section 2.101 is amended by adding, in alphabetical order, the
definitions ``classified acquisition'', ``classified contract'', and
``classified information'' to read as follows:
2.101 Definitions.
* * * * *
Classified acquisition means an acquisition in which offerors must
have access to classified information to properly submit an offer or
quotation, to understand the performance requirements, or to perform
the contract.
Classified contract means any contract in which the contractor or
its employee must have access to classified information during contract
performance. A contract may be a classified contract even though the
contract document itself is unclassified.
Classified information means any knowledge that can be communicated
or documentary material, regardless of its physical form or
characteristics, that--
(1) Is owned by, produced by or for, or is under the control of the
United States Government; and
(2) Must be protected against unauthorized disclosure according to
Executive Order 12958, Classified National Security Information, April
17, 1995, as amended, or classified in accordance with the Atomic
Energy Act of 1954, as amended.
* * * * *
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PART 4--ADMINISTRATIVE MATTERS
4.401 [Reserved]
3. Section 4.401 is removed and reserved.
PART 14--SEALED BIDDING
14.103-1 [Amended]
4. Amend section 14.103-1 in paragraph (c) by removing ``(see
4.401)''.
5. Section 14.402-2 is revised to read as follows:
14.402-2 Classified bids.
The general public may not attend bid openings for classified
acquisitions. A bidder or its representative may attend and record the
results if the individual has the appropriate security clearance. The
contracting officer may also make the bids available at a later time to
properly cleared bidders or their properly cleared representatives. The
contracting officer must not make a public record of the bids or the
bid prices.
PART 32--CONTRACT FINANCING
32.1103 [Amended]
6. Amend section 32.1103 in paragraph (d) by removing ``(see
4.401)''.
[FR Doc. 00-19077 Filed 7-27-00; 8:45 am]
BILLING CODE 6820-EP-M