[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Rules and Regulations]
[Page 17770-17771]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap04-18]
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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. It consists of a summary of rules appearing in Federal
Acquisition Circular (FAC) 2001-22 which amend the FAR. An asterisk (*)
next to a rule indicates that a regulatory flexibility analysis has
been prepared. Interested parties may obtain further information
regarding these rules by referring to FAC 2001-22 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 2001-22
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Item Subject FAR case Analyst
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I*.................................... Government Property Disposal.... 1995-013 Parnell.
II.................................... General Provisions of the Cost 2001-034 Loeb.
Principles.
III................................... Unique Contract and Order 2002-025 Zaffos.
Identifier Numbers.
IV.................................... Unsolicited Proposals........... 2002-027 Wise.
V..................................... New Mexico Tax--United States 2003-020 Loeb.
Missile Defense Agency.
VI.................................... Technical Amendments............
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Item I--Government Property Disposal (FAR Case 1995-013)
This final rule amends FAR Parts 1, 2, 8, 45, 49, 52, and 53 to
simplify procedures, reduce recordkeeping, and eliminate requirements
related to the disposition of Government property in the possession of
contractors.
Item II--General Provisions of the Cost Principles (FAR Case 2001-034)
This final rule amends the FAR to revise certain general provisions
of the cost principles contained at FAR 31.201-1, Composition of total
cost; FAR 31.201-2, Determining allowability; FAR 31.202, Direct costs;
and FAR 31.203, Indirect costs. The rule revises the cost principles by
improving clarity and structure, and removing unnecessary and
duplicative language. The final rule also adds the definition of
``direct cost'' and revises the definition of ``indirect cost'' at FAR
2.101, Definitions, to be consistent with the terminology used in the
cost accounting standards (CAS). The case was initiated as a result of
comments and recommendations received from industry and Government
representatives during a series of public
[[Page 17771]]
meetings. 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 III--Unique Contract and Order Identifier Numbers (FAR Case 2002-
025)
The interim rule published in the Federal Register at 68 FR 56679,
October 1, 2003, is converted to a final rule, without change, to
require each reporting agency to assign a unique procurement instrument
identifier (PIID) for every contract, purchase order, BOA, Basic
Agreement, and BPA reported to the Federal Procurement Data System; and
to have in place a process that will ensure that each PIID reported to
FPDS is unique, Governmentwide, and will remain so for at least 20
years from the date of contract award.
Item IV--Unsolicited Proposals (FAR Case 2002-027)
This final rule amends the FAR to implement section 834 of the
Homeland Security Act of 2002 (Pub. L. 107-296). Section 834 adds new
considerations concerning the submission, receipt, evaluation, and
acceptance or rejection of unsolicited proposals. The rule will require
that a valid unsolicited proposal not address a previously published
agency requirement. It also requires that, before initiating a
comprehensive evaluation, the agency must determine that the proposal
contains sufficient cost related or price related information for
evaluation, and that it has overall scientific, technical, or
socioeconomic merit.
Item V--New Mexico Tax--United States Missile Defense Agency (FAR Case
2003-020)
This final rule amends FAR 29.401-4(c) to incorporate the Defense
Missile Agency as a participating agency within the terms and
conditions stipulated in FAR 29.401-4, New Mexico Gross Receipts and
Compensating Tax. This provision aims to eliminate the double taxation
of Government cost reimbursement contracts when contractors and their
subcontractors purchase tangible personal property to be used in
performing services in the State of New Mexico and for which such
property will pass to the United States.
Item VI--Technical Amendments
This amendment makes editorial changes at FAR 52.212-5(b)(24) and
52.213-4(a)(1)(iv).
Dated: March 26, 2004.
Laura Auletta,
Director, Acquisition Policy Division.
[FR Doc. 04-7411 Filed 4-2-04; 8:45 am]