[Federal Register: October 27, 2003 (Volume 68, Number 207)]
[Proposed Rules]
[Page 61301-61302]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr27oc03-29]
[[Page 61301]]
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Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 44 and 52
Federal Acquisition Regulation; Subcontracts for Commercial Items and
Commercial Components; Proposed Rule
[[Page 61302]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 44 and 52
[FAR Case 2002-021]
RIN 9000-AJ75
Federal Acquisition Regulation; Subcontracts for Commercial Items
and Commercial Components
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 require that the clause
regarding Subcontracts for Commercial Items and Commercial Components
be inserted in solicitations and contracts other than those for
commercial items.
DATES: Interested parties should submit comments in writing on or
before December 26, 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.2002-021@gsa.gov. Please submit comments only and cite FAR case 2002-021 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. Rhonda Cundiff, Procurement Analyst, at (202) 501-
0044. Please cite FAR case 2002-021.
SUPPLEMENTARY INFORMATION:
A. Background
This rule amends FAR 44.403 by requiring the use of the clause at
52.244-6, Subcontracts for Commercial Items and Commercial Components,
in solicitations and contracts other than those for commercial items.
The current clause prescription requires use of the clause in
solicitations and contracts for ``supplies or services'' other than
commercial items. It is not clear whether this includes solicitations
and contracts for construction.
The revised clause prescription clarifies that the clause is
required in all solicitations and contracts other than those for
commercial items, thereby clearly including construction contracts. The
rule also amends the clause language to clarify that, within the
context of 52.244-6, a commercial item would include commercial
construction materials but would not include construction itself.
This is not a significant regulatory action and, therefore, as 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 it is a clarification of existing policy. Inclusion of FAR
clause 52.244-6 reduces the number of flowdown clauses required in
subcontracts for commercial items and commercial components. 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 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 2002-021), 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 44 and 52
Government procurement.
Dated: October 21, 2003.
Laura Auletta,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 44 and
52 as set forth below:
1. The authority citation for 48 CFR parts 44 and 52 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 44--SUBCONTRACTING POLICIES AND PROCEDURES
2. Revise section 44.403 to read as follows:
Sec. 44.403 Contract clause.
The contracting officer shall insert the clause at 52.244-6,
Subcontracts for Commercial Items and Commercial Components, in
solicitations and contracts other than those for commercial items.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
Sec. 52.213-4 [Amended]
3. Amend section 52.213-4 by revising the date of the clause to
read ``(Date)''; and removing ``(Apr 2003)'' from paragraph (a)(2)(vi)
and adding ``(Date)'' in its place.
4. Amend section 52.244-6 by revising the date of the clause; and
in paragraph (a) by revising the definition ``Commercial item'' to read
as follows:
Sec. 52.244-6 Subcontracts for Commercial Items.
* * * * *
SUBCONTRACTS FOR COMMERCIAL ITEMS (DATE)
(a) * * *
Commercial item has the meaning contained in the clause at 52.202-
1, Definitions, and includes commercial construction materials but does
not include construction itself.
* * * * *
[FR Doc. 03-26953 Filed 10-24-03; 8:45 am]