[Federal Register: December 31, 2002 (Volume 67, Number 251)]
[Rules and Regulations]               
[Page 80320-80321]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr31de02-30]                         


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DEPARTMENT OF DEFENSE


GENERAL SERVICES ADMINISTRATION


NATIONAL AERONAUTICS AND SPACE ADMINISTRATION


48 CFR Part 13


[FAC 2001-11;FAR Case 2002-028;Item I]
RIN 9000-AJ52


 
Federal Acquisition Regulation; Special Simplified Procedures for 
Purchases of Commercial Items in Excess of the Simplified Acquisition 
Threshold


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 implement Section 
812 of the National Defense Authorization Act for Fiscal Year 2003 
(Pub. L. 107-314). Section 812 extends the test of the special 
simplified procedures for purchases of commercial items greater than 
the simplified acquisition threshold, but not exceeding $5,000,000, 
until January 1, 2004.


DATES: Effective Date: January 1, 2003.


FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, (202) 501-4755, for information 
pertaining to


[[Page 80321]]


status or publication schedules. For clarification of content, contact 
Ms. Victoria Moss, Procurement Analyst, at (202) 501-4764. Please cite 
FAC 2001-11, FAR case 2002-028.


SUPPLEMENTARY INFORMATION:


A. Background


    This final rule amends FAR Subpart 13.5 to implement Section 812 of 
the National Defense Authorization Act for Fiscal Year 2003 (Pub. L. 
107-314). Section 812 amends Section 4202(e) of the Clinger-Cohen Act 
of 1996 (Divisions D and E of Pub. L. 104-106; 110 Stat. 654; 10 U.S.C. 
2304 note) to extend through January 1, 2004, the expiration of the 
test of special simplified procedures for purchases of commercial items 
greater than the simplified acquisition threshold, but not exceeding 
$5,000,000.
    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 Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Part 13 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. (FAC 2001-11, FAR case 
2002-028), in correspondence.


C. Paperwork Reduction Act


    The Paperwork Reduction Act does not apply because the 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 13


    Government procurement.


    Dated: December 20, 2002.
Jeremy F. Olson,
Acting Director, Acquisition Policy Division.


    Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth 
below:


PART 13--SIMPLIFIED ACQUISITION PROCEDURES


    1. The authority citation for 48 CFR part 13 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).




13.500  [Amended]


    2. Amend section 13.500 by removing from the first sentence of 
paragraph (d) ``January 1, 2003'' and adding ``January 1, 2004'' in its 
place.


[FR Doc. 02-32742 Filed 12-30-02; 8:45 am]