[Federal Register: August 22, 2001 (Volume 66, Number 163)]
[Proposed Rules]
[Page 44287-44289]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr22au01-40]
[[Page 44287]]
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Part VII
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Part 52
Federal Acquisition Regulation; Revisions to Provisions/Clauses to
Accommodate Sealed Bidding and Simplified Procedures in Commercial Item
Acquisitions; Proposed Rule
[[Page 44288]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 52
[FAR Case 2000-011]
RIN: 9000-AJ11
Federal Acquisition Regulation; Revisions to Provisions/Clauses
to Accommodate Sealed Bidding and Simplified Procedures in Commercial
Item Acquisitions
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 update FAR provisions relating
to Instructions to Offerors--Commercial Items and Offeror
Representations and Certifications--Commercial Items, to accommodate
sealed bidding and simplified acquisitions.
DATES: Interested parties should submit comments in writing on or
before October 22, 2001 to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVP), 1800 F Street, NW., Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to: farcase.2000-
011@gsa.gov
Please submit comments only and cite FAR case 2000-011 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. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAR case 2000-011.
SUPPLEMENTARY INFORMATION:
A. Background
Federal Acquisition Regulation, Part 12, Acquisition of Commercial
Items, was developed to implement Title VIII of the Federal Acquisition
Streamlining Act of 1994 (FASA) (Pub. L. 103-355). The regulations
became effective on October 1, 1995. Several areas have been identified
that need updating and clarification. This rule revises the provisions
at 52.212-1 and 52.212-3 to accommodate the use of sealed bidding or
requests for quotations for commercial items.
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 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 the rule merely revises the provision to add language that
currently must be added by the contracting officer. It does not change
existing policy. 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 Part 52 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 2000-011), 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 Part 52
Government procurement.
Dated: August 17, 2001.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose that 48 CFR part 52 be
amended as set forth below:
PART 52--SOLICITATIONS PROVISIONS AND CONTRACT CLAUSES
1. The authority citation for 48 CFR part 52 continues to read as
follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Amend section 52.212-1 as follows:
(a) Revise the date of the provision;
(b) Redesignate paragraphs (a) through (j) as (b) through (k),
respectfully;
(c) Add a new paragraph (a);
(d) Revise the newly designated paragraph (c);
(e) In the newly designated paragraph (d), revise the heading; and
(f) Revise the newly designated paragraph (h). The revised and
added text reads as follows:
52.212-1 Instructions to Offerors--Commercial Items.
* * * * *
Instructions to Offerors--Commercial Items (Date)
(a) Definition. As used in this provision, the terms ``offer'' and
``offeror'' include ``quote'' and ``quoter'' respectively, except as
used in paragraph (h) of this provision.
* * * * *
(c) Submission of offers and modifications to offers. (1) Submit
signed and dated offers to the office specified in this solicitation at
or before the exact time specified in this solicitation. Offers may be
submitted on the SF 1449, letterhead stationery, or as otherwise
specified in the solicitation. As a minimum, offers shall include--
(i) The solicitation number;
(ii) The time specified in the solicitation for receipt of offers;
(iii) The name, address, and telephone number of the offeror;
(iv) A technical description of the items being offered in
sufficient detail to evaluate compliance with the requirements in the
solicitation. This may include product literature, or other documents,
if necessary;
(v) Terms of any express warranty;
(vi) Price and any discount terms;
(vii) ``Remit to'' address, if different from mailing address;
(viii) A completed copy of the representations and certifications
at Federal Acquisition Regulation (FAR) 52.212-3;
(ix) Acknowledgement of solicitation amendments;
(x) Past performance information, when included as an evaluation
factor, to include recent and relevant contracts for the same or
similar items and other references (including contract numbers, points
of contact with telephone numbers and other relevant information); and
(xi) If the offer is not submitted on the SF 1449, a statement
specifying the extent of agreement with all terms, conditions, and
provisions included in the solicitation. Proposals or quotes that fail
to furnish required representations or information, or reject the terms
and conditions of the solicitation, may be excluded from consideration.
Bids that do not conform to the essential requirements of the
invitation for bids will be rejected.
[[Page 44289]]
(2) Address offers and modifications to offers, regardless of the
media under which submitted, to the office specified in the
solicitation. Offerors shall ensure that the outermost wrapper (or the
transmittal documentation for electronic submissions) of the offer or
modification is marked to show the time and date specified for receipt,
the solicitation number, and the name and address of the offeror.
(d) Offer expiration date. * * *
* * * * *
(h) Contract award. Depending on the method of solicitation
selected in Block 14 of the SF 1449, only one of the following three
paragraphs applies:
(1) Request for quotations. The Government will evaluate quotations
on the basis specified in the solicitation. For the purposes of this
paragraph, a quotation is not an offer and cannot be accepted by the
Government to form a binding contract. Instead, the Government may
include the quotation in an order to the supplier to buy certain
supplies or services upon specified terms and conditions. The order is
an offer by the Government. A contract is formed when the supplier
accepts the offer. The Contracting Officer may require the supplier to
indicate acceptance of an order by notification to the Government,
preferably in writing, as defined at FAR 2.101. In other circumstances,
the supplier may indicate acceptance by furnishing the supplies or
services ordered or by proceeding with the work to the point where
substantial performance has occurred.
(2) Invitation for bids. The Government will evaluate bids in
response to this solicitation and will award a contract to the
responsible bidder whose bid, conforming to the solicitation, will be
most advantageous to the Government considering only price and the
price-related factors specified elsewhere in the solicitation.
(3) Request for proposals. The Government intends to evaluate
offers and award a contract without discussions with offerors.
Therefore, the offeror's initial offer should contain the offeror's
best terms from a price and technical standpoint. However, the
Government reserves the right to conduct discussions if later
determined by the Contracting Officer to be necessary. The Government
may reject any or all offers if such action is in the public interest;
accept other than the lowest offer; and waive informalities and minor
irregularities in offers received.
* * * * *
3. In section 52.212-3, revise the date of the provision and the
introductory text of paragraph (a) to read as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items
* * * * *
Offeror Representations and Certifications--Commercial Items (Date)
(a) Definitions. As used in this provision, the term ``offeror''
includes ``quoter''.
* * * * *
[FR Doc. 01-21191 Filed 8-21-01; 8:45 am]
BILLING CODE 6820-EP-P