[Federal Register: February 8, 2002 (Volume 67, Number 27)]
[Rules and Regulations]               
[Page 6121-6122]
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) 2001-04 which amend the 
FAR. An asterisk (*) next to a rule 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 2001-04 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 2001-04
       Item                Subject          FAR case        Analyst
I.................  Definitions for          2000-404  DeStefano.
II................  Special Simplified       2002-002  Moss.
                     Procedures for
                     Purchases of
                     Commercial Items in
                     Excess of the
III...............  Notification of          2001-013  Olson.
                     Noncompliance with
                     Cost Accounting
IV................  Executive Order          2001-017  Nelson.
                     13204, Revocation
                     of Executive Order
                     on Nondisplacement
                     of Qualified
                     Workers Under
                     Certain Contracts.
V.................  Caribbean Basin          2000-306  Davis.
                     Country End
VI................  Final Contract           1999-026  Klein.
                     Voucher Submission.

[[Page 6122]]

VII Technical Amendments

Item I--Definitions for Classified Acquisitions (FAR Case 2000-404)

    This final rule amends the FAR to clarify definitions that are used 
for classified procurements. The final rule--
     Moves the definitions of ``classified acquisition,'' 
``classified contract,'' and ``classified information'' from FAR 4.401 
to FAR 2.101, because the definitions apply to more than one FAR part;
     Amends those definitions in accordance for clarity;
     Amends the definition of ``classified information'' to 
reflect classification of privately generated restricted data in 
accordance with Department of Energy regulations; and
     Amends the policy regarding bid openings for classified 
acquisitions at FAR 14.402-2 for clarity.

Item II--Special Simplified Procedures for Purchases of Commercial 
Items in Excess of the Simplified Acquisition Threshold (FAR Case 

    This rule amends FAR Subpart 13.5 to implement Section 823 of the 
National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 107-
107). Section 823 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, 2003, the expiration of the 
test of special simplified procedures for purchases of commercial items 
greater than the simplified acquisition threshold, but not exceeding 

Item III--Notification of Noncompliance with Cost Accounting 
Standards (FAR Case 2001-013)

    This final rule amends Table 15-2, Instructions for Submitting 
Cost/Price Proposals When Cost or Pricing Data are Required, located at 
FAR 15.4, Contract pricing. The rule removes the requirement for a 
contractor to notify the contracting officer when there is a 
noncompliance that has an immaterial cost impact. The rule affects 
contracting officers that require cost or pricing data on cost 
accounting standard-covered contracts.

Item IV--Executive Order 13204, Revocation of Executive Order on 
Nondisplacement of Qualified Workers Under Certain Contracts (FAR 
Case 2001-017)

    The interim rule published in the Federal Register at 66 FR 27416, 
May 16, 2001, is converted to a final rule without change. This rule 
finalizes the implementation of Executive Order (E.O.) 13204, 
Revocation of Executive Order on Nondisplacement of Qualified Workers 
Under Certain Contracts, signed by the President on February 17, 2001. 
The E.O. requires that any rules implementing E.O. 12933, 
Nondisplacement of Qualified Workers Under Certain Contracts, be 
promptly rescinded. As a result, Subpart 22.12 and the clause at 
52.222-50 was removed and reserved. The clause at 52.212-5 was amended 
by revising the date and removing paragraph (c)(6). Contracting 
officers should not take any action on any complaint filed under former 
FAR Subpart 22.12.

Item V--Caribbean Basin Country End Products (FAR Case 2000-306)

    This interim rule amends FAR 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 (USTR) to renew the treatment of 
Caribbean Basin country end products as eligible products under the 
Trade Agreements Act (TAA), with the exception of end products from the 
Dominican Republic, Honduras, and Panama. This rule applies only if an 
acquisition is subject to the TAA (see FAR 25.403). The Dominican 
Republic and Honduras were already removed from the definition of 
Caribbean Basin countries in FAC 97-17, FAR case 2000-003, published in 
the Federal Register at 65 FR 24321, April 25, 2000. This rule now 
removes Panama. Offers of end products from these countries are no 
longer acceptable under acquisitions subject to the TAA 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 products).
    This interim rule also amends the definition of ``Caribbean Basin 
country end product'' at FAR 25.003 and in the clause at 52.225-5, 
Trade Agreements, to implement Section 211 of the United States--
Caribbean Basin Trade Partnership Act and the determinations of the 
USTR as to which countries qualify for the enhanced trade benefits 
under that Act. Offerors of end products from the Caribbean Basin must 
understand the revised definition in order to certify whether the 
products that they are offering qualify as Caribbean Basin country end 
products. The definition of ``Caribbean Basin country end product'' 
excludes products that do not qualify for duty-free treatment. 
Information provided in this rule helps offerors determine the duty-
free status of a product by review of the Harmonized Tariff Schedule of 
the United States.

Item VI--Final Contract Voucher Submission (FAR Case 1999-026)

    This final rule amends FAR 42.705, Final indirect cost rates, and 
FAR 52.216-7, Allowable Cost and Payment, to explicitly state the right 
of the contracting officer to unilaterally determine the final contract 
payment amount when the contractor does not submit the final invoice or 
voucher within the time specified in the contract. The rule is 
applicable to contracting officers that administer contract closeout 

Item VII--Technical Amendments

    These amendments update sections and make editorial changes at 
sections 3.807, 9.203, 12.301, 13.301, 14.205-2, 14.409-1, 15.404-4, 
31.002, 31.205-17, 36.606, 42.705-1, 46.202-4, 51.101, 52.212-3, 
52.213-4, 52.219-21, and 52.222-44.

    Dated: February 1, 2002.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 02-2920 Filed 2-7-02; 8:45 am]