[Federal Register: February 15, 2002 (Volume 67, Number 32)]
[Proposed Rules]
[Page 7255-7257]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr15fe02-33]
[[Page 7255]]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Part 5
Federal Acquisition Regulation; Electronic Listing of Acquisition
Vehicles Available for Use By More Than One Agency; Proposed Rule
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 5
[FAR Case 2001-030]
RIN 9000-AJ30
Federal Acquisition Regulation; Electronic Listing of Acquisition
Vehicles Available for Use By More Than One Agency
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Federal Acquisition Regulatory Council is proposing to
amend the Federal Acquisition Regulation (FAR) to require contracting
activities to input information online for Governmentwide acquisition
contracts, multi-agency contracts, General Services Administration
(GSA)Federal Supply Schedule (FSS) contracts, blanket purchase
agreements (BPAs) under FSS contracts, and other procurement
instruments intended for multiple agency use.
DATES: Interested parties should submit comments in writing on or
before April 16, 2002 to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVP), 1800 F Street, NW., Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to: farcase.2001-
030@gsa.gov.
Please submit comments only and cite FAR case 2001-030 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Laura Smith, Procurement Analyst, at (202) 208-
7279. Please cite FAR case 2001-030.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule adds a new FAR subpart to provide contracting
officers and program managers an online source of information on
contracts intended for multiple agency use. The proposed rule adds a
new FAR Subpart 5.6,Publicizing Multi-Agency Use Contracts, that--
(1) Provides the Internet address to access the database;
(2) Requires contracting activities to enter information into the
database within ten days of award of a procurement instrument intended
for use by multiple agencies; and
(3) Requires contracting activities to enter information into the
database by a specific date on all existing contracts and other
procurement instruments intended for multiple agency use.
Information about Governmentwide acquisition contracts(GWACs),
multi-agency contracts, General ServicesAdministration (GSA), Federal
Supply Schedule (FSS) contracts, blanket purchase agreements (BPAs)
under FSS contracts, and other procurement instruments intended for
multiple agency use will be available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.arnet.gov/gwac/govwide.html.
Proposed definitions of Governmentwide acquisition contract (GWAC)
and multi-agency contract may be found in proposed rule 1999-303, Task-
Order and Delivery-Order Contracts, which was published in the Federal
Register at 66 FR 44518, August 23, 2001.
``Blanket purchase agreements'' under GSA FSS contracts are
agreements to fill repetitive needs for supplies or services. In
accordance with guidance issued by the GSA Federal Supply Service, BPAs
must identify all users when the BPA is established.
While the new subpart is currently proposed for FAR part 5,
consideration is being given to alternatively identifying the database
in FAR part 7, to indicate its potential use in acquisition planning,
with the requirements to populate the database called out in FAR part 4
where other contract reporting requirements are identified. We
encourage comments regarding placement of the new language.
Specific data elements that pertain to a particular procurement
instrument will be listed on the web site to facilitate order
placement. The specific data elements that are currently being
considered for inclusion on that list are provided below for the
purpose of generating public comments and recommendations that we will
use in constructing this database:
Basic Information About the Procurement Instrument
(1) Program name and acronym [searchable].
(2) Procurement instrument number [searchable].
(3) Type of procurement instrument [with drop down box that
includes Governmentwide acquisition contract (GWAC), multi-agency
contract, FSS contract, BPA under FSS contract, other].
(4) Contractor.
(5) North American Industrial Classification (NAICS)
code[searchable].
(6) Federal supply or service code [searchable].
(7) Brief description of supplies and services[searchable].
(8) Applicable socio-economic information [with a drop down box and
instruction to ``check all that apply'' followed by Small Business,
Emerging Small Business, Small Disadvantaged Business, 8(a), Very Small
Business, Woman-Owned Small Business, HUBZone, Veteran-Owned Small
Business,Service-Disabled Veteran-Owned Small Business,
HistoricallyBlack Colleges and Universities, Minority Institution,
LargeBusiness, Other].
(9) Government web site address where contract or program
information is located (if available).
Basic Information on Placing Orders
(10) Agencies that may place orders.
(11) Date through which agencies may place orders.
(12) Statutory authority for placing orders [with a drop down box
to include--
(a) Clinger-Cohen GWAC authority;
(b) Economy Act, including Clinger-Cohen multi-agency contract
authority;
(c) Other statutory authority not subject to the Economy Act
(specify authority)].
(13) Ordering procedures, unless included at the web site in (9)
above.
(14) List of administrative fees.
Other Basic Information
(15) Agency or activity that awarded the procurement instrument
[searchable].
(16) Activity point of contact/telephone number/e-mail address.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of ExecutiveOrder 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 Council does not expect this proposed rule to have a
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory FlexibilityAct, 5 U.S.C. 601, et
seq. The establishment of an online database as
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a tool to collect information and facilitate it being readily available
to Government officials is a matter of internal Government operating
procedure. This rule requires contracting activities to enter data into
the database and provides the Internet address for Government officials
to access the database. An Initial RegulatoryFlexibility Analysis has,
therefore, not been performed. We invite comments from small businesses
and other interested parties. We will consider comments from small
entities concerning the affected FAR Part in accordance with 5 U.S.C.
610. Interested parties must submit such comments separately and should
cite 5 U.S.C. 601, et seq. (FAR case 2001-030), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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 5
Government procurement.
Dated: February 12, 2002.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 5 as set
forth below:
PART 5--PUBLICIZING CONTRACT ACTIONS
1. The authority citation for 48 CFR part 5 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and42 U.S.C.
2473(c).
2. Add Subpart 5.6 to read as follows:
Subpart 5.6--Publicizing Multi-Agency Use Contracts
5.601 Governmentwide database of contracts.
(a) A Governmentwide database of contracts and other procurement
instruments intended for use by multiple agencies 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/gwac/govwide.html. This searchable
database is a tool that may be used to identify existing contracts and
other procurement instruments that may be used to fulfill Government
needs.
(b) The contracting activity must enter, via the Internet, the
information specified at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.arnet.gov/gwac/govwide.html, in
accordance with the instructions on that web site, within ten days of
award of a Governmentwide acquisition contract (GWAC), multi-agency
contract, General Services Administration (GSA) Federal Supply Schedule
(FSS) contract, blanket purchase agreement (BPA) under FSS contract, or
any other procurement instrument intended for use by multiple agencies.
(c) The contracting activity must enter, via the Internet, the
information specified at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.arnet.gov/gwac/govwide.html, in
accordance with the instructions on that web site, for all existing
contracts and other procurement instruments intended for use by
multiple agencies by [date to be determined].
[FR Doc. 02-3786 Filed 2-14-02; 8:45 am]
BILLING CODE 6820-EP-P