[Federal Register: June 27, 2002 (Volume 67, Number 124)]
[Rules and Regulations]
[Page 43511-43513]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn02-19]
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Part V
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1, et al.
Federal Acquisition Circular 2001-08; Final Rule
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 2001-08; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules, and technical amendments
and corrections.
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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) 2001-08. 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 2001-08 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........................................ Definition of ``Claim'' and 2000-406 Klein.
Terms Relating to Termination.
II....................................... Federal Supply Schedule Order 1999-614 Nelson.
Disputes and Incidental Items.
III...................................... Relocation Costs................ 1997-032 Olson.
IV....................................... Technical Amendments
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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.
FAC 2001-08 amends the FAR as specified below:
Item I--Definition of ``Claim'' and Terms Relating to Termination (FAR
Case 2000-406)
The purpose of this final rule is to clarify the applicability of
definitions, eliminate redundant or conflicting definitions, and
streamline the process for locating definitions. This rule is not
intended to change the meaning of any FAR text or clause. Movement of
various definitions to FAR 2.101 is not intended to change the
operation of the cost principles and, specifically, the movement of the
definition of ``claim'' to FAR 2.101 is not intended to change the
scope or context of FAR 31.205-47(f)(1).
This final rule--
Revises and moves the definitions of ``claim'' from FAR
33.201; ``continued portion of the contract,'' ``partial termination,''
``terminated portion of the contract'' from FAR 49.001; and
``termination for convenience'' from FAR 17.103;
Adds a definition of ``termination for default'' at FAR
2.101 and a new paragraph (d) at FAR 17.104 that explains the
distinction between ``termination for convenience'' and
``cancellation'' that was deleted from the definition of ``termination
for convenience'' that was moved from FAR 17.103;
Revises FAR 33.213(a) to clarify the distinction between
claims ``arising under a contract'' and claims ``relating to a
contract''
Revises the definition of ``claim'' in the FAR clause at
52.233-1 to conform to the definition at FAR 2.101; and
Makes other editorial revisions for clarity.
Item II--Federal Supply Schedule Order Disputes and Incidental Items
(FAR Case 1999-614)
This final rule amends the FAR to add policies on disputes and
incidental items under Federal Supply Schedule contracts and to remove
the requirement to notify GSA when a schedule contractor refuses to
honor an order placed by a Government contractor. This rule affects all
ordering offices acquiring supplies or services subject to the
procedures of FAR Subpart 8.4.
Item III--Relocation Costs (FAR Case 1997-032)
This final rule amends the relocation cost principle at FAR 31.205-
35. The rule will only affect contracting officers that price contracts
using cost analysis, or that are required by a contract clause to use
cost principles for the determination, negotiation, or allowance of
costs.
The relocation cost principle addresses the allowability of costs
incurred by an existing contractor employee incident to the permanent
change of the employee's assigned work location for a period of 12
months or more, or upon recruitment of a new employee. The final rule
revises the cost principle by making allowable payments for spouse
employment assistance and for increased employee income and Federal
Insurance Contributions Act taxes incident to allowable reimbursed
relocation costs, increasing the ceiling for allowance of miscellaneous
costs of relocation, and making a number of editorial changes.
Item IV--Technical Amendments
These amendments update sections and make editorial changes at FAR
52.202-1, 52.212-3, and 52.225-11.
Dated: June 19, 2002.
Al Matera,
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2001-08 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.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2001-08 are
effective July 24, 2002.
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Dated: June 18, 2002.
Deidre A. Lee,
Director, Defense Procurement.
Dated: June 10, 2002.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, General
Services Administration.
Dated: June 10, 2002.
Tom Luedtke,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 02-15939 Filed 6-26-02; 8:45 am]
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