[Federal Register: February 8, 2002 (Volume 67, Number 27)]
[Rules and Regulations]
[Page 6120-6121]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08fe02-21]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 3, 9, 12, 13, 14, 15, 31, 36, 42, 46, 51, and 52
[FAC 2001-04; Item VII]
Federal Acquisition Regulation; Technical Amendments
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This document makes amendments to the Federal Acquisition
Regulation in order to update references and make editorial changes.
DATES: Effective Date: February 8, 2002.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755. Please cite FAC 2001-
04, Technical Amendments.
List of Subjects in 48 CFR Parts 3, 9, 12, 13, 14, 15, 31, 36, 42,
46, 51, and 52
Government procurement.
Dated: February 1, 2002.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 3, 9, 12, 13, 14,
15, 31, 36, 42, 46, 51, and 52 as set forth below:
1. The authority citation for 48 CFR parts 3, 9, 12, 13, 14, 15,
31, 36, 42, 46, 51, and 52 continues to read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
3.807 [Amended]
2. Amend section 3.807 by removing ``3804-3408,'' and adding
``3804-3808,'' in its place.
PART 9--CONTRACTOR QUALIFICATIONS
3. Amend section 9.203 by revising paragraph (c)(2) to read as
follows:
9.203 QPL's, QML's, and QBL's.
* * * * *
(c) * * *
(2) Defense Standardization Manual 4120.24-M, Appendix 2, as
amended by Military Standards 961 and 962.
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.301 [Amended]
4. Amend section 12.301 in paragraph (e)(1) by removing ``16.505''
and adding ``16.506'' in its place.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.301 [Amended]
5. Amend section 13.301 in the first sentence of paragraph (b) by
removing ``GSA Federal Supply Service Contract Guide for Governmentwide
Commercial Purchase Card Service'' and adding ``current GSA credit card
contract'' in its place.
PART 14--SEALED BIDDING
14.205-2 [Amended]
6. Amend section 14.205-2 in paragraph (b) by adding ``or
suspended'' after the word ``debarred''.
14.409-1 [Amended]
7. Amend section 14.409-1 in the introductory text of paragraph
(a)(2) by removing ``(see 25.408(a)(4)),'' and adding ``(see
25.408(a)(5)),'' in its place.
PART 15--CONTRACTING BY NEGOTIATION
15.404-4 [Amended]
8. Amend section 15.404-4 in the introductory text of paragraph
(c)(4)(i) by removing ``10 U.S.C. 2306(e)'' and adding ``10 U.S.C.
2306(d)'' in its place.
PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES
9. Revise section 31.002 to read as follows:
31.002 Availability of accounting guide.
Contractors needing assistance in developing or improving their
accounting systems and procedures may request a copy of the Defense
Contract Audit Agency Pamphlet No. 7641.90, Information for
Contractors. The pamphlet is available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dcaa.mil.
31.205-17 [Amended]
10. Amend section 31.205-17 by designating the undesignated
introductory paragraph as ``(a) Definitions.''; and in the definition
``Idle facilities'' by redesignating paragraphs (1), (i), (ii), (2),
and (3) as (b), (b)(1), (b)(2), (c), and (d), respectively.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
36.606 [Amended]
11. Amend section 36.606 in the first sentence of paragraph (f) by
removing ``best and final offer'' and adding ``final proposal
revision'' in its place.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
12. Amend section 42.705-1 by revising paragraph (b)(1) to read as
follows:
42.705-1 Contracting officer determination procedure.
* * * * *
(b) Procedures. (1) In accordance with the Allowable Cost and
Payment clause at 52.216-7 or 52.216-13, the contractor shall submit to
the contracting officer (or cognizant Federal agency official) and to
the cognizant auditor a final indirect cost rate proposal. The required
content of the proposal and supporting data will vary depending on such
factors as business type, size, and accounting system capabilities. The
contractor, contracting officer, and auditor must work together to make
the proposal, audit, and negotiation process as efficient as possible.
Accordingly, each contractor shall submit an adequate proposal to the
contracting officer (or cognizant Federal agency official) and auditor
within the 6-month period following the expiration of each of its
fiscal years. Reasonable extensions, for exceptional circumstances
only, may be requested in writing by the contractor and granted in
writing by the contracting officer. A contractor shall support its
proposal with adequate supporting data. For guidance on what generally
constitutes an adequate final indirect cost rate proposal and
supporting data, contractors should refer to the Model Incurred Cost
Proposal in Chapter 6 of the Defense Contract Audit Agency Pamphlet No.
7641.90, Information for Contractors, available via the Internet at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.dcaa.mil.
* * * * *
PART 46--QUALITY ASSURANCE
13. Amend section 46.202-4 by revising the last sentence of
paragraph (b) to read as follows:
46.202-4 Higher-level contract quality requirements.
* * * * *
(b) * * * Examples of higher-level quality standards are ISO 9001,
9002, or 9003; ANSI/ISO/ASQ Q9001-2000;
[[Page 6121]]
ANSI/ASQC Q9001, Q9002, or Q9003; QS-9000; AS-9000; ANSI/ASQC E4; and
ANSI/ASME NQA-1.
PART 51--CONTRACTOR USE OF GOVERNMENT SUPPLY SOURCES
51.101 [Amended]
14. Amend section 51.101 in paragraph (b) by removing ``(see 41 CFR
101-26.407)'' and adding ``(see 41 CFR 101-26.507)'' in its place.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
15. Amend section 52.212-3 by--
a. Revising the date of the provision;
b. Removing the reference ``(c)(7)(i)'' from paragraph (c)(9)(ii)
and adding ``(c)(9)(i)'' in its place;
c. Revising paragraph (h); and
d. Removing from Alternate I ``(Oct 2000)'' and adding ``(Feb
2002)'' in its place; and by removing ``(c)(2)'' from paragraph (10) of
Alternate I and adding ``(c)(4)'' in its place. The revised text reads
as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Feb
2002)
* * * * *
(h) Certification Regarding Debarment, Suspension or Ineligibility
for Award (Executive Order 12549). (Applies only if the contract value
is expected to exceed the simplified acquisition threshold.) The
offeror certifies, to the best of its knowledge and belief, that the
offeror and/or any of its principals--
(1) [ ] Are, [ ] are not presently debarred, suspended, proposed
for debarment, or declared ineligible for the award of contracts by any
Federal agency; and
(2) [ ] Have, [ ] have not, within a three-year period preceding
this offer, been convicted of or had a civil judgment rendered against
them for: Commission of fraud or a criminal offense in connection with
obtaining, attempting to obtain, or performing a Federal, state or
local government contract or subcontract; violation of Federal or state
antitrust statutes relating to the submission of offers; or Commission
of embezzlement, theft, forgery, bribery, falsification or destruction
of records, making false statements, tax evasion, or receiving stolen
property; and
(3) [ ] Are, [ ] are not presently indicted for, or otherwise
criminally or civilly charged by a Government entity with, commission
of any of these offenses.
* * * * *
16. Amend section 52.213-4 by revising paragraph (a)(2)(vi); and in
paragraph (b)(1)(viii), by removing ``(Jan 2001)'' and adding ``(Dec
2001)'' in its place. The revised text reads as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items) (Feb 2002)
(a) * * *
(2) * * *
(vi) 52.244-6, Subcontracts for Commercial Items (Dec 2001).
* * * * *
52.219-21 [Amended]
17. Amend section 52.219-21 in the prescription by removing
``19.1007(c)'' and adding ``19.1008(c)'' in its place.
52.222-44 [Amended]
18. Amend section 52.222-44 by revising the date of the clause to
read ``(Feb 2002)''; and in paragraph (d) by removing ``paragraph (b)''
and adding ``paragraph (c)'' in its place.
[FR Doc. 02-2919 Filed 2-7-02; 8:45 am]
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