[Federal Register: November 22, 2002 (Volume 67, Number 226)]
[Rules and Regulations]
[Page 70522-70523]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22no02-18]
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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) 2001-10 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 2001-10 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 2001-10
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Item Subject FAR case Analyst
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I.............. General Records Schedule 2002-016 Nelson
II............. Executive Order 13202, 2001-016 Nelson
Preservation of Open
Competition and
Government Neutrality
Towards Government
Contractors' Labor
Relations on Federal
And Federally Funded
Construction Projects.
III............ Caribbean Basin Country 2000-306 Davis
End Products.
IV............. Financing Policies...... 2000-007 Olson
V.............. Technical Amendments....
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Item I--General Records Schedule (FAR Case 2002-016)
This final rule amends the FAR to reflect the previous language of
FAR 4.705-2 exactly as it was written prior to revision of this
subsection by FAC 97-18, Item IV, General Records Schedule (FAR case
1999-615) published in the Federal Register on June 6, 2000 (65 FR
36012). It was brought to the attention of the Councils that the prior
change to FAR 4.705-2 made in FAC 97-18 inadvertently resulted in
longer record retention periods for contractors and subcontractors.
This final rule--
[sbull] Revises the subsection title of FAR 4.705-2 to read ``Pay
administration records'' instead of ``Construction contract pay
administration records,'' thus, making all record retention
requirements in the entire subsection applicable to all contracts
rather than limiting it to construction contracts;
[sbull] Revises FAR 4.705-2(a) to change from a record retention
period of 3 years after completion of contract unless
[[Page 70523]]
contract performance is the subject of enforcement action, to 4 years
after generation of the records.
For the period from June 6, 2000, through the effective date of
this final rule, compliance with either the record retention
requirements contained in this rule or the requirements published in
FAC 97-18 is acceptable.
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 final rule terminates the stay and adopts the May 16, 2001,
interim rule as final without change. The rule amends FAR parts 17, 22,
and 36 to implement Executive Order 13202, as amended by Executive
Order 13208. Contracting officers, or any construction manager acting
on behalf of the Government, may not require or prohibit offerors,
contractors, or subcontractors from entering into or adhering to
project labor 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--Caribbean Basin Country End Products (FAR Case 2000-306)
The interim rule published in the Federal Register as Item V of FAC
2001-04 (67 FR 6116, February 8, 2002), is converted to a final rule
with changes. The interim rule implemented the determination of the
United States Trade Representative (USTR) to extend the treatment of
certain end products, from countries designated by the President as
beneficiaries under the Caribbean Basin Economic Recovery Act, as
eligible products under the Trade Agreements Act, with the exception of
end products from the Dominican Republic, Honduras, and Panama. It also
implemented Section 211 of the United States--Caribbean Basin Trade
Partnership Act and the determination of the USTR as to which countries
qualify for the enhanced trade benefits under that Act. However, on
July 12, 2002, the USTR published a notice in the Federal Register to
reinstate the treatment on Government procurement of products from
Honduras. The notice stated that products of Honduras shall be treated
as eligible products for purposes of section 1-101 of Executive Order
12260. Such treatment shall not apply to products originating in
Honduras that are excluded from duty-free treatment under 19 U.S.C.
2703(b). The determination to reinstate Honduras as published by the
USTR has been incorporated in this final rule.
Item IV--Financing Policies (FAR Case 2000-007)
This final rule revises certain financing policies at FAR part 32,
Contract Financing, and related contract provisions at FAR part 52. The
rule--
[sbull] Removes the restriction on use of performance-based
payments on fixed-price contracts prior to definitization; and
[sbull] Permits large businesses, in their billings to the
Government, to include certain vendor and subcontractor costs that have
been incurred, but not actually paid, provided that, ordinarily, they
pay the subcontractor within 30 days.
Item V--Technical Amendments
These amendments update references and make editorial changes at
FAR 7.105(b)(4)(i) and 19.502-2(a).
Dated: November 12, 2002.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 02-29094 Filed 11-21-02; 8:45 am]
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