[Federal Register: July 24, 2003 (Volume 68, Number 142)]
[Rules and Regulations]
[Page 43875-43876]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jy03-27]
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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 (Pub. L. 104-121). It consists of a summary of rules appearing
in Federal Acquisition Circular (FAC) 2001-15 which amends 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 2001-15 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 2001-15
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Item Subject FAR case Analyst
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I.................. Elimination of Standard Form 129, Solicitation 2001-032 De Stefano.
Mailing List Application.
II................. Energy-Efficient Standby Power Devices.......... 2001-028 Smith.
III................ Electronic Listing of Acquisition Vehicles 2001-030 Zaffos.
Available For Use By More Than One Agency.
IV................. Compensation Cost Principle..................... 2001-008 Loeb.
V.................. Leadership in Environmental Management (E.O. 2000-005 Goral.
13148).
VI................. Selling Cost Principle.......................... 2001-024 Loeb.
VII................ Section 508 Micropurchase Exception Sunset 2002-012 Nelson.
Provision.
VIII............... Technical Amendments. ........... ............................
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[[Page 43876]]
Item I--Elimination of Standard Form 129, Solicitation Mailing List
Application (FAR Case 2001-032)
This final rule removes the requirement for contracting offices to
establish and maintain manual solicitation mailing lists and the need
to use the Standard Form (SF) 129, Solicitation Mailing List
Application. The purpose of the rule is to broaden use and reliance on
e-business applications. It is expected that this rule will eliminate,
in part, the need for contracting offices to maintain paper-based
sources of contractor information.
Item II--Energy-Efficient Standby Power Devices (FAR Case 2001-028)
This final rule implements Executive Order 13221, of July 31, 2001,
Energy-Efficient Standby Power Devices, by providing guidance on
energy-efficient standby power devices. The rule also clarifies
requirements for the purchase of recovered material. The requirements
of this rule apply to contracting officers that purchase products that
use external standby power devices or that contain an internal standby
power function, and products that are composed of recovered material.
Government contracting and technical personnel will need to ensure that
proposed acquisitions comply with the Government preference for energy-
efficient products.
Item III--Electronic Listing of Acquisition Vehicles Available For Use
By More Than One Agency (FAR Case 2001-030)
This final rule provides the regulatory underpinning for the
operation and use of an online directory to facilitate greater
awareness of contracts available for multiple agency use. The rule--
1. Adds a new Subpart 5.6, Publicizing Multi-Agency Use Contracts,
that--
(a) Provides the Internet address to access the database;
(b) Requires agencies to enter information into the database within
ten days of award of a Governmentwide acquisition contract (GWAC),
multi-agency contract, Federal Supply Schedule contract, or other
procurement instrument intended for use by multiple agencies including
blanket purchase agreements under Federal Supply Schedule contracts;
and
(c) Requires contracting activities to enter information into the
database by October 31, 2003, on all existing contracts and other
procurement instruments intended for use by multiple agencies, except
for those expiring on or before June 1, 2004.
2. Adds language at FAR 7.105(b)(1) to consider the sources
contained in the database as prospective sources of supplies and
services.
3. Adds language at FAR 10.002(b)(2)(iv) to encourage querying the
database during market research for information relevant to agency
acquisitions.
Item IV--Compensation Cost Principle (FAR Case 2001-0)
This final rule amends the FAR to revise the ``compensation for
personal services'' cost principle by removing unnecessary and
duplicative language and restructuring it. This rule is of particular
interest to contracting officers who use cost analysis to price
contracts and modifications, and who determine or negotiate reasonable
costs in accordance with a clause of a contract, e.g., price revision
of fixed-price incentive contracts, terminated contracts, indirect cost
rates.
Item V--Leadership in Environmental Management (E.O. 13148) (FAR Case
2000-005)
This final rule provides policies and procedures for obtaining
contractor information so that agencies can implement environmental
management systems and complete facility compliance audits. The rule
implements Executive Order 13148 of April 21, 2000, Greening the
Government through Leadership in Environmental Management. The
requirements of this rule apply to facilities owned or operated by
Federal agencies, except those facilities located outside the United
States and its outlying areas.
Item VI--Selling Cost Principle (FAR Case 2001-024)
This final rule amends the FAR to revise the ``selling costs'' cost
principle by restructuring the paragraphs and removing unnecessary and
duplicative language to increase clarity. The rule does not change the
allowability of selling costs. The case was initiated at the request of
the Aerospace Industries Association (AIA). This rule is of particular
interest to contractors and contracting officers who use cost analysis
to price contracts and modifications, and who determine or negotiate
reasonable costs in accordance with a clause of a contract, e.g., price
revision of fixed-price incentive contracts, terminated contracts, or
indirect cost rates.
Item VII--Section 5 Micropurchase Exception Sunset Provision (FAR Case
2002-012)
The interim rule published in the Federal Register at 67 FR 80321,
December 31, 2002, is converted to a final rule, without change, to
extend the Electronic and Information Technology (Section 5)
micropurchase exception to October 1, 2004.
Item VIII--Technical Amendments
These amendments update references and make editorial changes at
FAR 19.1005 and 52.212-1.
Dated: July 16, 2003.
Laura Auletta,
Director, Acquisition Policy Division.
[FR Doc. 03-18541 Filed 7-23-03; 8:45 am]