[Federal Register: February 8, 2002 (Volume 67, Number 27)]
[Rules and Regulations]
[Page 6121-6122]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe02-22]
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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) 2001-04 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 2001-04 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 2001-04
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Item Subject FAR case Analyst
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I................. Definitions for 2000-404 DeStefano.
Classified
Acquisitions.
II................ Special Simplified 2002-002 Moss.
Procedures for
Purchases of
Commercial Items in
Excess of the
Simplified
Acquisition
Threshold.
III............... Notification of 2001-013 Olson.
Noncompliance with
Cost Accounting
Standards.
IV................ Executive Order 2001-017 Nelson.
13204, Revocation
of Executive Order
on Nondisplacement
of Qualified
Workers Under
Certain Contracts.
V................. Caribbean Basin 2000-306 Davis.
Country End
Products.
VI................ Final Contract 1999-026 Klein.
Voucher Submission.
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[[Page 6122]]
VII Technical Amendments
Item I--Definitions for Classified Acquisitions (FAR Case 2000-404)
This final rule amends the FAR to clarify definitions that are used
for classified procurements. The final rule--
Moves the definitions of ``classified acquisition,''
``classified contract,'' and ``classified information'' from FAR 4.401
to FAR 2.101, because the definitions apply to more than one FAR part;
Amends those definitions in accordance for clarity;
Amends the definition of ``classified information'' to
reflect classification of privately generated restricted data in
accordance with Department of Energy regulations; and
Amends the policy regarding bid openings for classified
acquisitions at FAR 14.402-2 for clarity.
Item II--Special Simplified Procedures for Purchases of Commercial
Items in Excess of the Simplified Acquisition Threshold (FAR Case
2002-002)
This rule amends FAR Subpart 13.5 to implement Section 823 of the
National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-
107). Section 823 amends Section 4202(e) of the Clinger-Cohen Act of
1996 (Divisions D and E of Pub. L. 104-106; 110 Stat. 654; 10 U.S.C.
2304 note) to extend, through January 1, 2003, the expiration of the
test of special simplified procedures for purchases of commercial items
greater than the simplified acquisition threshold, but not exceeding
$5,000,000.
Item III--Notification of Noncompliance with Cost Accounting
Standards (FAR Case 2001-013)
This final rule amends Table 15-2, Instructions for Submitting
Cost/Price Proposals When Cost or Pricing Data are Required, located at
FAR 15.4, Contract pricing. The rule removes the requirement for a
contractor to notify the contracting officer when there is a
noncompliance that has an immaterial cost impact. The rule affects
contracting officers that require cost or pricing data on cost
accounting standard-covered contracts.
Item IV--Executive Order 13204, Revocation of Executive Order on
Nondisplacement of Qualified Workers Under Certain Contracts (FAR
Case 2001-017)
The interim rule published in the Federal Register at 66 FR 27416,
May 16, 2001, is converted to a final rule without change. This rule
finalizes the implementation of Executive Order (E.O.) 13204,
Revocation of Executive Order on Nondisplacement of Qualified Workers
Under Certain Contracts, signed by the President on February 17, 2001.
The E.O. requires that any rules implementing E.O. 12933,
Nondisplacement of Qualified Workers Under Certain Contracts, be
promptly rescinded. As a result, Subpart 22.12 and the clause at
52.222-50 was removed and reserved. The clause at 52.212-5 was amended
by revising the date and removing paragraph (c)(6). Contracting
officers should not take any action on any complaint filed under former
FAR Subpart 22.12.
Item V--Caribbean Basin Country End Products (FAR Case 2000-306)
This interim rule amends FAR 25.003, 25.400, 25.404, and the clause
at 52.225-5, Trade Agreements, to implement the determination of the
United States Trade Representative (USTR) to renew the treatment of
Caribbean Basin country end products as eligible products under the
Trade Agreements Act (TAA), with the exception of end products from the
Dominican Republic, Honduras, and Panama. This rule applies only if an
acquisition is subject to the TAA (see FAR 25.403). The Dominican
Republic and Honduras were already removed from the definition of
Caribbean Basin countries in FAC 97-17, FAR case 2000-003, published in
the Federal Register at 65 FR 24321, April 25, 2000. This rule now
removes Panama. Offers of end products from these countries are no
longer acceptable under acquisitions subject to the TAA unless the
contracting officer does not receive any offers of U.S.-made end
products or eligible products (designated, Caribbean Basin, or NAFTA
country end products).
This interim rule also amends the definition of ``Caribbean Basin
country end product'' at FAR 25.003 and in the clause at 52.225-5,
Trade Agreements, to implement Section 211 of the United States--
Caribbean Basin Trade Partnership Act and the determinations of the
USTR as to which countries qualify for the enhanced trade benefits
under that Act. Offerors of end products from the Caribbean Basin must
understand the revised definition in order to certify whether the
products that they are offering qualify as Caribbean Basin country end
products. The definition of ``Caribbean Basin country end product''
excludes products that do not qualify for duty-free treatment.
Information provided in this rule helps offerors determine the duty-
free status of a product by review of the Harmonized Tariff Schedule of
the United States.
Item VI--Final Contract Voucher Submission (FAR Case 1999-026)
This final rule amends FAR 42.705, Final indirect cost rates, and
FAR 52.216-7, Allowable Cost and Payment, to explicitly state the right
of the contracting officer to unilaterally determine the final contract
payment amount when the contractor does not submit the final invoice or
voucher within the time specified in the contract. The rule is
applicable to contracting officers that administer contract closeout
procedures.
Item VII--Technical Amendments
These amendments update sections and make editorial changes at
sections 3.807, 9.203, 12.301, 13.301, 14.205-2, 14.409-1, 15.404-4,
31.002, 31.205-17, 36.606, 42.705-1, 46.202-4, 51.101, 52.212-3,
52.213-4, 52.219-21, and 52.222-44.
Dated: February 1, 2002.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 02-2920 Filed 2-7-02; 8:45 am]
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