[Federal Register: April 25, 2000 (Volume 65, Number 80)]
[Rules and Regulations]
[Page 24315-24317]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr25ap00-10]
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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 and Parts 2, 16, 37, et al.
Federal Acquisition Circular 97-17; Introduction; Federal Acquisition
Regulations; Competition Under Multiple Award Contracts; Determination
of Price Reasonableness and Commerciality; Caribbean Basin Trade
Initiative; Utilization of Indian Organizations and Indian-Owned
Economic Enterprises; Ocean Transportation by U.S. Flag Vessels;
Technical Amendments; Small Entity Compliance Guide; Final Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 97-17; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules.
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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 (Councils) in this Federal
Acquisition Circular (FAC) 97-17. The Councils drafted these FAR rules
using plain language in accordance with the White House memorandum,
Plain Language in Government Writing, dated June 1, 1998. The Councils
wrote all new and revised text using plain language. A companion
document, the Small Entity Compliance Guide (SECG), follows this FAC.
The FAC, including the SECG, is available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=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 97-17 and
specific FAR case numbers. Interested parties may also visit our
website at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.arnet.gov/far.
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Item Subject FAR case Analyst
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I............... Competition under 1999-014 De Stefano.
Multiple Award
Contracts.
II.............. Determination of Price 1998-300 Olson.
Reasonableness and (98-300)
Commerciality.
III............. Caribbean Basin Trade 2000-003 Linfield.
Initiative.
IV.............. Utilization of Indian 1999-301 Moss.
Organizations and (99-301)
Indian-Owned Economic
Enterprises.
V............... Ocean Transportation 1998-604 Klein.
by U.S.-Flag Vessels. (98-604)
VI.............. 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 97-17 amends the FAR as specified
below:
Item I--Competition Under Multiple Award Contracts (FAR Case 1999-
014)
This rule amends FAR 2.101, Subpart 16.5, and 37.201 to clarify
what the contracting officer should consider when planning for and
placing orders under multiple award contracts. This rule affects all
contracting officers that award multiple award contracts or place task
or delivery orders under them. The rule--
Requires the contracting officer to include the name,
address, telephone number, facsimile number, and e-mail address of the
agency task and delivery order ombudsman in the solicitation and
contracts if multiple awards will be made;
Stresses key things the contracting officer must consider
when deciding if a multiple award contract is appropriate, such as--
Avoiding situations in which awardees specialize
exclusively in one or a few areas within the statement of work;
The scope and complexity of the contract requirement;
The expected duration and frequency of task or delivery
orders;
The mix of resources a contractor must have to perform
expected task or delivery order requirements; and
The ability to maintain competition among the awardees
throughout the contract's period of performance;
Requires contracting officers to document their decision
on whether or not to use multiple awards in the acquisition plan or
contract file;
Emphasizes the use of performance-based statements of
work;
Provides guidance on how to develop tailored order
placement procedures;
Requires contracting officers to consider cost or price as
one of the factors in each selection decision for orders;
Requires contracting officers to establish prices for each
order that was not priced under the basic contract using the policies
and methods in Subpart 15.4; and
Requires contracting officers to document the order placement
rationale and price in the contract file.
Item II--Determination of Price Reasonableness and Commerciality
(FAR Case 1998-300) (98-300)
This final rule makes a minor editorial change to FAR 15.403-3 and
converts the interim rule, which was published in FAC 97-14 as Item VI,
as final. The editorial change amends the cross reference at 15.403-
3(c)(1). The remainder of the interim rule that has been in effect
since September 24, 1999, remains the same. The primary amendments made
in the interim rule that are made final in this rule--
Clarify procedures associated with obtaining information
other than cost or pricing data when acquiring commercial items; and
Establish that offerors who fail to comply with
requirements to provide the information shall be ineligible for award.
Item III--Caribbean Basin Trade Initiative (FAR Case 2000-003)
This final rule amends FAR Parts 25.003, 25.400, 25.404, and the
clause at 52.225-5, Trade Agreements, to implement the determination of
the United States Trade Representative to renew the treatment of
Caribbean Basin country end products as eligible products under the
Trade Agreements Act, with the exception of end products from the
Dominican Republic and Honduras. This rule applies only if an
acquisition is subject to the Trade Agreements Act (see FAR 25.403).
Offers of end products from the Dominican Republic and Honduras are no
longer acceptable under such acquisitions unless the contracting
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officer does not receive any offers of U.S.-made end products or
eligible products (designated, Caribbean Basin, or NAFTA country end
products).
Item IV--Utilization of Indian Organizations and Indian-Owned
Economic Enterprises (FAR Case 1999-301) (99-301)
This final rule amends FAR Subpart 26.1 and the clause at 52.226-1
to delete DoD-unique requirements relating to Indian Organizations and
Indian-Owned Economic Enterprises from the FAR.
Item V--Ocean Transportation by U.S.-Flag Vessels (FAR Case 1998-
604) (98-604)
This final rule amends FAR 47.504 and the clauses at 52.212-5,
52.213-4, and 52.247-64 to apply the preference for U.S.-flag vessels
to contracts awarded using simplified acquisition procedures. This rule
only affects civilian agency contracts that may involve ocean
transportation of supplies subject to the Cargo Preference Act of 1954.
The rule also adds Alternate I of 52.247-64, Preference for
Privately Owned U.S.-Flag Commercial Vessels, to the clause at 52.212-
5, Contract Terms and Conditions Required to Implement Statutes or
Executive Orders--Commercial Items. Alternate I applies when the
supplies furnished under the contract must be transported exclusively
in privately owned U.S.-flag vessels.
Item VI--Technical Amendments
These amendments update references and make editorial changes at
sections 6.304, 31.101, 32.411, 32.502-4, 32.805, 42.1204, and 42-1205.
Dated: April 13, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Federal Acquisition Circular (FAC) 97-17 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 97-17 are effective April 25, 2000,
except for Items IV and V, which are effective June 26, 2000. Each rule
is applicable to solicitations issued on or after the rule's effective
date.
Dated: April 5, 2000.
R.D. Kerrins, Jr.,
Acting Director, Defense Procurement.
Dated: April 11, 2000.
Sue McIver,
Acting Deputy Associate Administrator, Office of Acquisition Policy,
General Services Administration.
Dated: April 3, 2000.
Tom Luedtke,
Associate Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 00-10130 Filed 4-24-00; 8:45 am]
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