[Federal Register: April 25, 2000 (Volume 65, Number 80)]
[Rules and Regulations]               
[Page 24325-24326]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





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.


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 (Public Law 104-121). It consists of a summary of rules 
appearing in Federal Acquisition Circular (FAC) 97-17 which amend the 
FAR. The rule marked with an asterisk (*) 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 97-17 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 97-17
      Item                Subject           FAR case        Analyst
I...............  Competition under          1999-014  De Stefano.
                   Multiple Award
II..............  Determination of Price     1998-300  Olson.
                   Reasonableness and        (98-300)
                   Commerciality *.
III.............  Caribbean Basin Trade      2000-003  Linfield.
IV..............  Utilization of Indian      1999-301  Moss.
                   Organizations and         (99-301)
                   Indian-Owned Economic
V...............  Ocean Transportation       1998-604  Klein.
                   by U.S.-Flag Vessels.     (98-604)

[[Page 24326]]

Item I--Competition under Multiple Award Contracts (FAR Case 1999-

    This rule amends FAR 2.101, Subpart 16.5, and 37.201 to clarify 
what the contracting officer should consider when planning for and 
placing orders under multiple award contracts. This rule affects all 
contracting officers that award multiple award contracts or place task 
or delivery orders under them. The rule--
     Requires the contracting officer to include the name, 
address, telephone number, facsimile number, and e-mail address of the 
agency task and delivery order ombudsman in the solicitation and 
contracts if multiple awards will be made;
     Stresses key things the contracting officer must consider 
when deciding if a multiple award contract is appropriate, such as--
     Avoiding situations in which awardees specialize 
exclusively in one or a few areas within the statement of work;
     The scope and complexity of the contract requirement;
     The expected duration and frequency of task or delivery 
     The mix of resources a contractor must have to perform 
expected task or delivery order requirements; and
     The ability to maintain competition among the awardees 
throughout the contract's period of performance;
     Requires contracting officers to document their decision 
on whether or not to use multiple awards in the acquisition plan or 
contract file;
     Emphasizes the use of performance-based statements of 
     Provides guidance on how to develop tailored order 
placement procedures;
     Requires contracting officers to consider cost or price as 
one of the factors in each selection decision for orders;
     Requires contracting officers to establish prices for each 
order that was not priced under the basic contract using the policies 
and methods in Subpart 15.4; and
     Requires contracting officers to document the order 
placement rationale and price in the contract file.

Item II--Determination of Price Reasonableness and Commerciality 
(FAR Case 1998-300) (98-300)

    This final rule makes a minor editorial change to FAR 15.403-3 and 
converts the interim rule, which was published in FAC 97-14 as Item VI, 
as final. The editorial change amends the cross reference at 15.403-
3(c)(1). The remainder of the interim rule that has been in effect 
since September 24, 1999, remains the same. The primary amendments made 
in the interim rule that are made final in this rule--
     Clarify procedures associated with obtaining information 
other than cost or pricing data when acquiring commercial items; and
     Establish that offerors who fail to comply with 
requirements to provide the information shall be ineligible for award.

Item III--Caribbean Basin Trade Initiative (FAR Case 2000-003)

    This final rule amends FAR Parts 25.003, 25.400, 25.404, and the 
clause at 52.225-5, Trade Agreements, to implement the determination of 
the United States Trade Representative to renew the treatment of 
Caribbean Basin country end products as eligible products under the 
Trade Agreements Act, with the exception of end products from the 
Dominican Republic and Honduras. This rule applies only if an 
acquisition is subject to the Trade Agreements Act (see FAR 25.403). 
Offers of end products from the Dominican Republic and Honduras are no 
longer acceptable under such acquisitions unless the contracting 
officer does not receive any offers of U.S.-made end products or 
eligible products (designated, Caribbean Basin, or NAFTA country end 

Item IV--Utilization of Indian Organizations and Indian-Owned 
Economic Enterprises (FAR Case 1999-301) (99-301)

    This final rule amends FAR Subpart 26.1 and the clause at 52.226-1 
to delete DoD-unique requirements relating to Indian Organizations and 
Indian-Owned Economic Enterprises from the FAR.

Item V--Ocean Transportation by U.S.-Flag Vessels (FAR Case 1998-
604) (98-604)

    This final rule amends FAR 47.504 and the clauses at 52.212-5, 
52.213-4, and 52.247-64 to apply the preference for U.S.-flag vessels 
to contracts awarded using simplified acquisition procedures. This rule 
only affects civilian agency contracts that may involve ocean 
transportation of supplies subject to the Cargo Preference Act of 1954.
    The rule also adds Alternate I of 52.247-64, Preference for 
Privately Owned U.S.-Flag Commercial Vessels, to the clause at 52.212-
5, Contract Terms and Conditions Required to Implement Statutes or 
Executive Orders--Commercial Items. Alternate I applies when the 
supplies furnished under the contract must be transported exclusively 
in privately owned U.S.-flag vessels.

    Dated: April 13, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 00-10137 Filed 4-24-00; 8:45 am]