[Federal Register: June 27, 2002 (Volume 67, Number 124)]
[Rules and Regulations]               
[Page 43521]
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) 2001-08 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 2001-08 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 2001-08
                 Item                              Subject                FAR case              Analyst
I.....................................  Definition of ``Claim'' and          2000-406  Klein.
                                         Terms Relating to
II....................................  Federal Supply Schedule Order        1999-614  Nelson.
                                         Disputes and Incidental
III...................................  Relocation Costs.............        1997-032  Olson.
IV....................................  Technical Amendments                           .........................

Item I--Definition of ``Claim'' and Terms Relating to Termination (FAR 
Case 2000-406)

    The purpose of this final rule is to clarify the applicability of 
definitions, eliminate redundant or conflicting definitions, and 
streamline the process for locating definitions. This rule is not 
intended to change the meaning of any FAR text or clause. Movement of 
various definitions to FAR 2.101 is not intended to change the 
operation of the cost principles and, specifically, the movement of the 
definition of ``claim'' to FAR 2.101 is not intended to change the 
scope or context of FAR 31.205-47(f)(1).
    This final rule--
     Revises and moves the definitions of ``claim'' from FAR 
33.201; ``continued portion of the contract,'' ``partial termination,'' 
``terminated portion of the contract'' from FAR 49.001; and 
``termination for convenience'' from FAR 17.103;
     Adds a definition of ``termination for default'' at FAR 
2.101 and a new paragraph (d) at FAR 17.104 that explains the 
distinction between ``termination for convenience'' and 
``cancellation'' that was deleted from the definition of ``termination 
for convenience'' that was moved from FAR 17.103;
     Revises FAR 33.213(a) to clarify the distinction between 
claims ``arising under a contract'' and claims ``relating to a 
     Revises the definition of ``claim'' in the FAR clause at 
52.233-1 to conform to the definition at FAR 2.101; and
     Makes other editorial revisions for clarity.

Item II--Federal Supply Schedule Order Disputes and Incidental Items 
(FAR Case 1999-614)

    This final rule amends the FAR to add policies on disputes and 
incidental items under Federal Supply Schedule contracts and to remove 
the requirement to notify GSA when a schedule contractor refuses to 
honor an order placed by a Government contractor. This rule affects all 
ordering offices acquiring supplies or services subject to the 
procedures of FAR Subpart 8.4.

Item III--Relocation Costs (FAR Case 1997-032)

    This final rule amends the relocation cost principle at FAR 31.205-
35. The rule will only affect contracting officers that price contracts 
using cost analysis, or that are required by a contract clause to use 
cost principles for the determination, negotiation, or allowance of 
    The relocation cost principle addresses the allowability of costs 
incurred by an existing contractor employee incident to the permanent 
change of the employee's assigned work location for a period of 12 
months or more, or upon recruitment of a new employee. The final rule 
revises the cost principle by making allowable payments for spouse 
employment assistance and for increased employee income and Federal 
Insurance Contributions Act taxes incident to allowable reimbursed 
relocation costs, increasing the ceiling for allowance of miscellaneous 
costs of relocation, and making a number of editorial changes.

Item IV--Technical Amendments

    These amendments update sections and make editorial changes at FAR 
52.202-1, 52.212-3, and 52.225-11.

    Dated: June 19, 2002.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 02-15944 Filed 6-26-02; 8:45 am]