[Federal Register: May 16, 2001 (Volume 66, Number 95)]
[Rules and Regulations]
[Page 27405-27407]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my01-26]
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Part VI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1 and Parts 2, et al.
Federal Acquisition Circular 97-26; Introduction; Final Rule
Federal Acquisition Regulations; Interim Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 97-26; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of interim rules.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 97-26. 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 97-26 and
specific FAR case number(s). 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...................... Electronic Commerce 1997-304 Moss.
in Federal
Procurement.
II..................... Executive Order 2001-016 Nelson.
13202, Preservation
of Open Competition
and Government
Neutrality Towards
Government
Contractors' Labor
Relations on Federal
and Federally Funded
Construction
Projects.
III.................... Executive Order 2001-017 Klein.
13204, Revocation of
Executive Order On
Nondisplacement of
Qualified Workers
Under Certain
Contracts.
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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 97-26 amends the FAR as specified
below:
Item I--Electronic Commerce in Federal Procurement (FAR Case 1997-
304)
This interim rule amends the FAR to (a) further implement section
850 of the National Defense Authorization Act for Fiscal Year 1998,
Pub. L. 105-85 (section 850) and (b) implement section 810 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (Pub.
L. 106-398, section 810). Section 850 calls for the use of cost-
effective procedures and processes that employ electronic commerce in
the conduct and administration of Federal procurement systems. This
includes the designation in the FAR of a single point of universal
electronic public access to Governmentwide procurement opportunities
(the ``Governmentwide Point of Entry'' or ``GPE''). Section 810 allows
agencies to provide access to notices through the GPE, as designated in
the FAR, instead of publishing them via the Commerce Business Daily
(CBD).
This rule designates Federal Business Opportunities
(``FedBizOpps'') as the GPE. Agencies have until October 1, 2001, to
complete their transition to, or integration with, FedBizOpps. By that
date, all agencies must use FedBizOpps to provide access to public
notices of procurement actions over $25,000 that are currently required
to be published in the CBD along with associated solicitations and
amendments. In addition, agencies will not be required to provide
notice in the CBD as of January 1, 2002, since access to this
information will be provided via the Internet through FedBizOpps.
Item II--Executive Order 13202, Preservation of Open Competition
and Government Neutrality Towards Government Contractors' Labor
Relations on Federal and Federally Funded Construction Projects
(FAR Case 2001-016)
This interim rule amends the FAR to provide language in Part 36 and
revises Subparts 17.6 and 22.1 to add cross-references to Part 36. The
Executive order provides that agencies may not require or prohibit
offerors, contractors, or subcontractors from entering into or adhering
to agreements with one or more labor organizations. It also permits
agency heads to exempt a project from the requirements of the Executive
order under special circumstances but the exemption may not be related
to the possibility of, or an actual labor dispute.
Item III--Executive Order 13204, Revocation of Executive Order on
Nondisplacement of Qualified Workers Under Certain Contracts (FAR
Case 2001-017)
This interim rule amends the FAR to remove Subpart 22.12,
Nondisplacement of Qualified Workers Under Certain Contracts. Executive
Order 12933, Nondisplacement of Qualified Workers Under Certain
Contracts (October 20, 1994), required that building service contracts
for public buildings include a clause requiring the contractor under a
contract that succeeds a contract for performance of similar services
at the same public building to offer certain employees under the
predecessor contract, a right of first refusal to employment under the
new contract. E.O. 12933 was implemented in the FAR in Subpart 22.12.
On February 17, 2001, President George W. Bush signed E.O. 13204
rescinding E.O. 12933 and calling for the prompt recession of any
orders, rules, regulations, guidelines, or policies implementing or
enforcing E.O. 12933, to the extent consistent with law. Contracting
officers should not take any action on any complaint filed under former
FAR Subpart 22.12.
Effective March 23, 2001, the Department of Labor rescinded its
rule implementing E.O. 12933 (66 FR 16126, March 23, 2001).
Dated: May 10, 2001.
Al Matera,
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 97-26 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
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material contained in FAC 97-26 are effective May 16, 2001.
Dated: April 25, 2001.
Deidre A. Lee,
Director, Defense Procurement.
Dated: April 12, 2001.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, General
Services Administration.
Dated: April 13, 2001.
James A. Balinskas,
Acting Associate Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 01-12243 Filed 5-15-01; 8:45 am]
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