[Federal Register: October 5, 2004 (Volume 69, Number 192)]
[Rules and Regulations]
[Page 59699-59700]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05oc04-7]
[[Page 59699]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1, 13, 19, 36 and 53
[FAC 2001-25; FAR Case 2002-017; Item I]
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: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to eliminate the use
of the Standard Form (SF) 1417, Pre-Solicitation Notice (Construction
Contract).
DATES: Effective Date: November 4, 2004.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Ms. Cecelia Davis, Procurement
Analyst, at (202) 219-0202. Please cite FAC 2001-25, FAR case 2002-017.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends FAR parts 1, 13, 19, 36, and 53, deleting
the prescription for the use of the SF 1417. This final rule eliminates
the use of this form in contracts for construction, alteration or
repair, 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. This FAR change to eliminate
the SF 1417 complements the 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. DOD, GSA, and NASA
published a proposed rule in the Federal Register at 68 FR 54294,
September 16, 2003. No public comments were received. The Councils
agree to convert this proposed rule to a final rule with technical
editorial changes.
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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 changes 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.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, these changes to
the FAR do not impose additional information collection requirements to
the paperwork burden previously approved under OMB Control Number 9000-
0037. This change has reduced the paperwork burden and no additional
approval from OMB is required. The collection will be revised to
reflect this reduction.
This final rule eliminates the use of Standard Form 1417 in
contracts for construction, alteration or repair, dismantling,
demolition, or removal of improvements but not the requirement for
contracting officers to provide access to presolicitation notices
through the Governmentwide point of entry via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fedbizopps.gov
.
Requester may obtain a copy of the information collection from the
General Services Administration, FAR Secretariat (V), Room 4035,
Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control
Number 9000-0037, Presolicitation Notice and Response, Standard Form
1417, in all correspondence.
List of Subjects in 48 CFR Parts 1, 13, 19, 36 and 53
Government procurement.
Dated: September 28, 2004.
Ralph J. De Stefano,
Acting Director, Contract Policy Division.
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Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 13, 19, 36, and 53
as set forth below:
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1. The authority citation for 48 CFR parts 1, 13, 19, 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]
0
2. Amend section 1.106 in the table following the introductory
paragraph by removing FAR segment ``36.701'' and its corresponding OMB
Control Number ``9000-0037'' removing FAR segment ``53.236-1(a)'' and
its corresponding OMB Control Number ``9000-0037''; and removing FAR
segment ``SF 1417'' and its corresponding OMB Control Number ``9000-
0037''.
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.003 [Amended]
0
3. Amend section 13.003 in paragraph (g)(1) by removing ``36.701(b)''
and adding ``36.701(a)'' in its place.
PART 19--SMALL BUSINESS PROGRAMS
19.811-1 [Amended]
0
4. Amend section 19.811-1 in the last sentence of paragraph (a) by
removing ``36.701(b)'' and adding ``36.701(a)'' in its place.
PART 36--CONSTRUCTION AND ARCHITECT ENGINEER CONTRACTS
36.213-2 [Amended]
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5. Amend section 36.213-2--
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a. In the first sentence of paragraph (a) by removing ``send'' and
adding ``issue'' in its place; and removing ``to prospective bidders'';
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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]
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6. 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
53.213 [Amended]
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7. Amend section 53.213 in paragraph (f)(4) by removing ``36.701(c)''
and adding ``36.701(b)'' in its place.
[[Page 59700]]
53.236-1 [Amended]
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8. 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; in newly redesignated paragraph (a) by removing
``36.701(e)'' and adding ``36.701(d)'' in its place; in newly
redesignated paragraph (d)(2) by removing ``36.701(b)'' and adding
``36.701(a)'' in its place; in newly redesignated paragraph (e)(2) by
removing ``36.701(c)'' and adding ``36.701(b)'' in its place; and in
newly redesignated paragraph (f) by removing ``36.701(d)'' and adding
``36.701(c)'' in its place.
53.301-1417 [Removed]
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9. Remove section 53.301-1417.
[FR Doc. 04-22244 Filed 10-4-04; 8:45 am]