[Federal Register: June 27, 2002 (Volume 67, Number 124)]
[Rules and Regulations]
[Page 43521]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27jn02-24]
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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) 2001-08 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 2001-08 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 2001-08
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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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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.
[FR Doc. 02-15944 Filed 6-26-02; 8:45 am]
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