[Federal Register: May 16, 2001 (Volume 66, Number 95)]
[Rules and Regulations]
[Page 27417-27418]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16my01-30]
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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.
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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) 97-26 which amend the
FAR. An asterisk (*) next to a rule 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 97-26 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 97-26
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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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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 (E.O.) 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
E.O. under special circumstances but the exemption may not be related
to the possibility of, or an actual labor dispute.
[[Page 27418]]
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.
[FR Doc. 01-12247 Filed 5-15-01; 8:45 am]
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