[Federal Register: January 10, 2001 (Volume 66, Number 7)]
[Rules and Regulations]
[Page 2140]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr10ja01-28]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAC 97-22; FAR Case 1996-023; Item V]
RIN 9000-AJ06
Federal Acquisition Regulation; Clause Flowdown-Commercial Items
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 clarify
requirements for the inclusion of FAR clauses in subcontracts for
commercial items awarded under contracts for other than commercial
items.
DATES: Effective Date: March 12, 2001.
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. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 97-22, FAR case 1996-023.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the clause at FAR 52.244-6, Subcontracts for
Commercial Items, to revise the list of clauses the contractor must
flow down to subcontractors and to clarify that contractors may flow
down a minimal number of other clauses.
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 62 FR 49903, September 23, 1997. Four sources submitted
comments in response to the proposed rule. The Councils considered all
comments in the development of the final rule.
This is not a significant regulatory action, and therefore, was not
subject to 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 merely
clarifies existing requirements regarding the inclusion of clauses in
subcontracts for commercial items awarded under contracts for other
than commercial items.
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 Part 52
Government procurement.
Dated: December 22, 2000.
Al Matera,
Acting Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth
below:
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR part 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).
52.213-4 [Amended]
2. Amend section 52.213-4 by removing from the clause heading
``(July 2000)'' and adding ``(Mar 2001)'' in its place; and be removing
``(Oct 1998)'' from paragraph (a)(2)(vi) of the clause and adding ``Mar
2001'' in its place.
3. Amend section 52.244-6 by revising the section heading, the
introductory text of paragraph (a), and the clause heading; removing
``, as used in this clause,'' from the definitions ``Commercial item''
and ``Subcontract''; and by revising paragraph (c) to read as follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items
(Mar 2001)
(a) Definitions. As used in this clause--
* * * * *
(c)(1) The following clauses shall be flowed down to
subcontracts for commercial items:
(i) 52.219-8, Utilization of Small Business Concerns (OCT 2000)
(15 U.S.C. 637(d)(2) and (3)), in all subcontracts that offer
further subcontracting opportunities. If the subcontract (except
subcontracts to small business concerns) exceeds $500,000
($1,000,000 for construction of any public facility), the
subcontractor must include 52.219-8 in lower tier subcontracts that
offer subcontracting opportunities.
(ii) 52.222-26, Equal Opportunity (FEB 1999) (E.O. 11246).
(iii) 52.222-35, Affirmative Action for Disabled Veterans and
Veterans of the Vietnam Era (APR 1998) (38 U.S.C. 4212(a)).
(iv) 52.222-36, Affirmative Action for Workers with Disabilities
(JUN 1998) (29 U.S.C. 793).
(v) 52.247-64, Preference for Privately Owned U.S.-Flagged
Commercial Vessels (JUN 2000) (46 U.S.C. Appx 1241) (flowdown not
required for subcontracts awarded beginning May 1, 1996).
(2) While not required, the Contractor may flow down to
subcontracts for commercial items a minimal number of additional
clauses necessary to satisfy its contractual obligations.
* * * * *
[FR Doc. 01-15 Filed 1-9-01; 8:45 am]
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