[Federal Register: April 30, 2002 (Volume 67, Number 83)]
[Rules and Regulations]               
[Page 21531-21532]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 21531]]


Part VI

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1

Federal Acquisition Circular 2001-07; Final Rules

[[Page 21532]]





48 CFR Chapter 1

Federal Acquisition Circular 2001-07; Introduction

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final rules.


SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 2001-07. A companion document, the Small Entity 
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, 
is 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.

DATES: For effective dates and comment dates, see separate documents 
which follow.

Building, Washington, DC 20405, (202) 501-4755, for information 
pertaining to status or publication schedules. For clarification of 
content, contact the analyst whose name appears in the table below in 
relation to each FAR case or subject area. Please cite FAC 2001-07 and 
specific FAR case number(s). Interested parties may also visit our 
website at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.arnet.gov/far.

                   Item                                 Subject                 FAR case          Analyst
I........................................  Preference for Performance-Based      2000-307  Wise
II.......................................  Revisions to Balance of Payments      1999-616  Davis
III......................................  European Union Trade Sanctions...     2001-002  Davis
IV.......................................  Technical Amendments.............

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments to these FAR cases, refer to the 
specific item number and subject set forth in the documents following 
these item summaries.
    FAC 2001-07 amends the FAR as specified below:

Item I--Preference for Performance-Based Contracting (FAR Case 

    This final rule converts the interim rule published as Item I of 
FAC 97-25 at 66 FR 22082, May 2, 2001, to a final rule with an 
amendment at FAR 7.105. The rule implements Section 821 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 (Pub. L. 
106-398). The rule affects contracting officers that buy services by 
explicitly establishing a preference for performance-based contracts or 
task orders. Guidance for performance-based contracting is available at 
the following websites: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.arnet.gov/Library/OFPP/BestPractices/, http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://oamweb.osec.doc.gov/pbsc/index.html, or http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.gsa.gov/Portal/content/pubs-content.jsp? content OID = 
119969&contentType = 1008&PMVP = 1.

Item II--Revisions to Balance of Payments Program (FAR Case 1999-

    This final rule amends the FAR by removing Subpart 25.3, Balance of 
Payments Program, and making conforming changes to FAR Parts 13, 25, 
and 52. This revision will reduce administrative burdens on both the 
Government and the public. The FAR no longer requires contracting 
officers to use balance of payments procedures to evaluate foreign 
offers when acquiring supplies for use outside the United States that 
are valued at more than $100,000, but not more than $186,000, or when 
awarding a construction contract to be performed outside the United 
States and valued at less than $6,909,500. However, the Balance of 
Payments Program will be continued in the Department of Defense, and a 
Defense Federal Acquisition Regulation Supplement rule is being 
processed for this purpose.

Item III--European Union Trade Sanctions (FAR Case 2001-002)

    This final rule revises FAR 25.1103(c)(2)(i) to specifically 
exclude solicitations issued and contracts awarded by DoD from the 
clause prescription for the use of FAR clauses 52.225-15, Sanctioned 
European Union Country End Products, and 52.225-16, Sanctioned European 
Union Country Services. This rule is a clarification of existing 
policy. DoD contracting officers must ensure that the clauses 
implementing European Union trade sanctions are not included in DoD 
solicitations and contracts.

Item IV--Technical Amendments

    These amendments update sections and make editorial changes at FAR 
12.301, 52.214-20, and 52.244-2.

    Dated: April 23, 2002.
Al Matera,
Director, Acquisition Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2001-07 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2001-2007 are 
effective May 15, 2002.

    Dated: April 19, 2002.
Deidre A. Lee,
Director, Defense Procurement.

    Dated: April 18, 2002.
Joseph A. Neurauter,
Acting Deputy Associate Administrator, Office of Acquisition Policy, 
General Services Administration.

    Dated: April 17, 2002.
Tom Luedtke,
Assistant Administrator for Procurement, National Aeronautics and Space 
[FR Doc. 02-10368 Filed 4-29-02; 8:45 am]