[Federal Register: September 16, 2003 (Volume 68, Number 179)]
[Proposed Rules]
[Page 54293-54294]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16se03-18]
[[Page 54293]]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 1, 36 and 53
Federal Acquisition Regulation; Elimination of Standard Form 1417;
Proposed Rule
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 36, and 53
[FAR Case 2002-017]
RIN 9000-AJ73
Federal Acquisition Regulation; Elimination of Standard Form 1417
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to eliminate the use of the
Standard Form (SF) 1417.
DATES: Interested parties should submit comments in writing on or
before November 17, 2003 to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to General Services Administration,
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to farcase.2002-
017@gsa.gov. Please submit comments only and cite FAR case 2002-017 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Cecelia L. Davis, Procurement Analyst, at (202)
219-0202. Please cite FAR case 2002-017.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends FAR Subparts 1.1, 36.2, 36.7, 53.2, and 53.3,
deleting the prescription for the use of the SF 1417, Pre-Solicitation
Notice (Construction Contract). The proposed rule eliminates the use of
this form in contracts for construction, alteration, or repair, or
dismantling, demolition, or removal of improvements.
The use of the form has become unnecessary because contracting
officers are required to provide access to presolicitation notices
through the Governmentwide point of entry (GPE) via the Internet at
http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fedbizopps.gov pursuant to FAR 5.204. The proposed FAR
change to eliminate the SF 1417 complements efforts to increase
reliance on electronic business practices in procurement in furtherance
of the Administration's commitment to create a citizen-centric E-
Government, as outlined in the President's Management Agenda.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the proposed amendments are not imposing any additional burden
on small business. Small businesses are already aware of the
publicizing medium the Government uses via the Internet and have made
the necessary adaptation to keep abreast of business opportunities
disseminated therein. The use of electronic commerce/electronic data
interchange has become the principal medium for publicizing business
opportunities in the Federal Government. An Initial Regulatory
Flexibility Analysis has, therefore, not been performed. We invite
comments from small businesses and other interested parties.
The Councils will consider comments from small entities concerning
the affected FAR parts 1, 36, and 53 in accordance with 5 U.S.C. 610.
Interested parties must submit such comments separately and should cite
5 U.S.C. 601, et seq. (FAR case 2002-017), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 1, 36, and 53
Government procurement.
Dated: September 9, 2003.
Laura Auletta,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 1, 36,
and 53 as set forth below:
1. The authority citation for 48 CFR parts 1, 36, and 53 is revised
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1.106 [Amended]
2. Amend section 1.106 in the table following the introductory
paragraph by removing FAR segment ``SF 1417'' and its corresponding OMB
Control Number ``9000-0037''.
PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
36.213-2 [Amended]
3. Amend section 36.213-2 in the first sentence of paragraph (a) by
removing ``send'' and adding ``issue'' in its place, and removing ``to
prospective bidders''; and in paragraph (b) by removing paragraph
(b)(6) and redesignating paragraphs (b)(7), (b)(8), and (b)(9) as
(b)(6), (b)(7), and (b)(8), respectively.
36.701 [Amended]
4. Amend section 36.701 by removing paragraph (a) and redesignating
paragraphs (b), (c), (d), and (e) as (a), (b), (c), and (d),
respectively.
PART 53--FORMS
53.236-1 [Amended]
5. Amend section 53.236-1 by removing paragraph (a) and
redesignating paragraphs (b), (c), (d), (e), (f), and (g) as (a), (b),
(c), (d), (e), and (f), respectively.
53.301-1417 [Removed]
6. Remove section 53.301-1417.
[FR Doc. 03-23531 Filed 9-15-03; 8:45 am]