[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Rules and Regulations]
[Page 36031-36032]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-32]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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) 97-18 which amend the
FAR. The rules marked with an asterisk (*) indicates 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 97-18 which precedes this document. These documents
are also 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.
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.
List of Rules in FAC 97-18
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I.................. Rescission of 2000-605 Olson.
Office of Federal
Procurement
Policy Letters.
II................. FAR Drafting 1999-610 De Stefano.
Principles.
III................ Requirements 1998-015 Linfield.
Supporting (98-015)
Procurement of
Recycled Products
and
Environmentally
Preferable
Services *.
IV................. General Records 1999-615 Nelson.
Schedules.
V.................. Federal Supply 1998-609 Nelson.
Schedules Small (98-609)
Business
Opportunities *.
VI................. Trade Agreements 2000-004 Linfield.
Thresholds.
VII................ Restrictions on 1999-008 Linfield.
Acquisitions from
Yugoslavia and
Afghanistan.
VIII............... Applicability, 2000-301 Nelson.
Thresholds and
Waiver of Cost
Accounting
Standards
Coverage
(Interim).
------------------------------------------------------------------------
Item I--Rescission of Office of Federal Procurement Policy Letters
(FAR Case 2000-605)
This final rule reflects editorial amendments removing unnecessary
cross-references to policy letters that were rescinded by the Office of
Federal Procurement Policy (OFPP) (65 FR 16968, March 30, 2000).
Item II--FAR Drafting Principles (FAR Case 1999-610)
This final rule adds Federal Acquisition Regulation drafting
principles to enhance a common understanding of the regulation among
all members of the acquisition team and other users. This rule affects
all contracting officers who use the FAR. The final rule adds drafting
conventions in FAR 1.108 and amends 1.105-2, 52.101, 52.104, 52.105,
and 52.200 to reflect current FAR drafting conventions.
Item III--Requirements Supporting Procurement of Recycled Products
and Environmentally Preferable Services (FAR Case 1998-015 (98-
015))
This final rule implements Executive Order 13101, Greening the
Government through Waste Prevention, Recycling, and Federal
Acquisition, dated September 14, 1998. This rule is significant for all
contracting officers who buy supplies, including supplies that are
furnished under a service contract. The rule rewrites text currently in
the FAR based on earlier Executive orders, but reorganizes and
relocates some of the text to conform to plain language guidelines for
Government writing. The rewrite and reorganization should make the text
easier to use and understand. The revisions also emphasize Executive
branch policies for the acquisition of products containing recovered
material and other environmentally preferable products and services.
The rule--
Revises FAR Subpart 7.1 to ensure that requirements for
printing and writing paper meet minimum content requirements specified
in the E.O.;
Revises Subpart 11.3 to add definitions and special
requirements to implement E.O. requirements and Environmental
Protection Agency (EPA) regulations governing acquisitions of printing
and writing paper, and to clarify that contracting officers may include
in solicitations additional information requirements when needed to
determine if the offeror's product meets requirements for recycled
content or related standards;
Clarifies in Part 13 how the procurement requirements of
the Resource Conservation and Recovery Act, 42 U.S.C. 6962, apply to
micro-purchases and acquisitions that do not exceed $100,000; and
Reorganizes and revises Subparts 23.4 and 23.7 and
associated clauses.
[[Page 36032]]
Item IV--General Records Schedules (FAR Case 1999-615)
This final rule implements National Archives and Records
Administration General Records Schedule 3, Procurement, Supply, and
Grants Records (NARA Schedule 3), dated December 15, 1998. This rule
affects all contracting officers. The rule--
Rewrites and reorganizes the text already in the FAR to
make it easier to understand.
Simplifies the retention table by grouping several
categories of records that were previously treated as separate records
under more generic record categories (e.g., the contract file or the
contract administration records).
Deletes separate retention policy on signed original
justifications and approvals, determinations and findings, and rejected
engineering change proposals. Those records are retained with the
contract files shown in blocks 2 through 7 of the new retention table.
Deletes the separate retention period for contract status,
expediting, and production surveillance records. Those records are
retained with the contract administration records shown in block 7 of
the new retention table.
Item V--Federal Supply Schedules Small Business Opportunities (FAR
Case 1998-609) (98-609))
This final rule amends the Federal Acquisition Regulation to ensure
that small businesses holding contracts under the Federal Supply
Schedules are afforded the maximum practicable opportunity to compete
for and receive FSS purchases. This rule affects all ordering offices
which place orders under Federal Supply Schedule contracts. The rule--
Encourages ordering offices to consider the availability
of small business concerns under the schedule and encourages ordering
offices to consider small businesses when conducting evaluations before
placing an order.
Amends FAR Subpart 38.1 to reaffirm that the General
Services Administration and agencies delegated the authority to
establish a Federal Supply Schedule must comply with all statutory and
regulatory requirements before issuance of a solicitation.
Revises the FSS guidance in accordance with the plain
language guidelines in a White House memorandum, Plain Language in
Government Writing, dated June 1, 1998.
Item VI--Trade Agreements Thresholds (FAR Case 2000-004)
This final rule amends FAR Subparts 25.2, 25.4, 25.6, and 25.11,
and the clauses at 52.225-11 and 52.225-12 to implement new dollar
thresholds for application of the Trade Agreements Act (TAA) and North
American Free Trade Agreement (NAFTA), as published by the U.S. Trade
Representative in the Federal Register at 65 FR 17332, March 31, 2000.
Contracting Officers must review the new thresholds when acquiring
supplies, services, or construction, in order to select the appropriate
contract clauses to implement the Buy American Act, Balance of Payments
Program, trade agreements, and sanctions of European Union country end
products and services.
Item VII--Restrictions on Acquisitions from Yugoslavia and
Afghanistan (FAR Case 1999-008)
This final rule amends FAR Subpart 25.7, section 25.1103, and the
associated clauses at 52.212-5, 52.213-4, and 52.225-13, to implement
Executive Orders 13121 and 13129. These Executive orders, as modified
by Office of Foreign Assets Control (OFAC) General Licenses Numbers 2
and 4, prohibit the importation into the United States of any goods or
services from Serbia (excluding the territory of Kosovo) or the
territory of Afghanistan controlled by the Taliban. As a matter of
policy, the Government does not generally acquire, even for overseas
use, supplies or services that cannot be imported lawfully into the
United States.
This rule primarily affects contracting officers making purchases
overseas, for overseas use, because the Treasury Department already
prohibits import of these restricted goods and services into the United
States. The rule is particularly beneficial to contracting officers
facing unusual circumstances overseas (such as location within a
restricted territory), explicitly providing an exception for such
circumstances.
Item VIII--Applicability, Thresholds and Waiver of Cost Accounting
Standards Coverage (FAR Case 2000-301)
This interim rule amends FAR Part 30, Cost Accounting Standards
Administration, and the provision at FAR 52.230-1, Cost Accounting
Standards Notices and Certification, to implement Section 802 of the
National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 106-
65) and the Cost Accounting Standards (CAS) Board's interim rule,
Applicability, Thresholds and Waiver of Cost Accounting Standards
Coverage. The FAR rule revises policies affecting which contractors and
subcontractors must comply with Cost Accounting Standards. The rule--
Amends the provision at FAR 52.230-1, Cost Accounting
Standards Notices and Certification, to remove the requirement that a
contractor or subcontractor must have received at least one CAS-covered
contract exceeding $1 million (``trigger contract'') to be subject to
full CAS coverage, since the CAS Board removed this ``trigger
contract'' amount from its corresponding solicitation provision, Cost
Accounting Standards Notices and Certification, at 48 CFR 9903.201-3.
The CAS Board established a new ``trigger contract'' dollar amount of
$7.5 million in the CAS applicability section of its regulations (48
CFR 9903.201-1) rather than in its solicitation provision. Since FAR
30.201-1 already references this section, no FAR changes were required
to address the new ``trigger contract'' dollar amount;
Increases the dollar threshold for full CAS coverage from
$25 million to $50 million; and
Adds procedures and conditions for agency waiver of the
applicability of CAS.
Dated: May 26, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 00-13826 Filed 6-1-00; 4:02 pm]
BILLING CODE 6820-EP-P