[Federal Register: October 5, 2004 (Volume 69, Number 192)]
[Rules and Regulations]               
[Page 59697-59698]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 59697]]


Part III

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Chapter 1 et al.

Federal Acquisition Circular 2001-25; Introduction; Final and Interim 

[[Page 59698]]





48 CFR Chapter 1

Federal Acquisition Circular 2001-25; Introduction

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

ACTION: Summary presentation of final and interim rules, and technical 
amendments and corrections.


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) 2001-25. 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.acqnet.gov/far.

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

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, at (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 2001-25 and specific FAR case number(s). Interested parties 
may also visit our Web site at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far.

        Item                          Subject                          FAR case                  Analyst
I...................  Elimination of the Standard Form 1417..  2002-017                  Davis.
II..................  Free Trade Agreements--Chile and         2003-016                  Davis.
                       Singapore, and Trade Agreements
III.................  Telecommuting for Federal Contractors    2003-035                  Zaffos.
IV..................  Section 508 Micropurchase Exemption      2004-020                  Nelson.
V...................  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 2001-25 amends the FAR as specified below:

Item I--Elimination of the Standard Form 1417 (FAR Case 2002-017)

    This final rule eliminates the use of the Standard Form 1417, Pre-
Solicitation Notice (Construction Contract), in contracts for 
construction, alteration or repair, dismantling, demolition, or removal 
of improvements. The use of this form has become unnecessary because 
contracting officers provide access to presolicitation notices through 
the Governmentwide point of entry (GPE) via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.fedbizopps.gov
 pursuant to FAR 5.204. Elimination of the form 

increases reliance on electronic business practices and reduces the 
estimated information collection requirement burden hours imposed on 

Item II--Free Trade Agreements--Chile and Singapore, and Trade 
Agreements Thresholds (FAR Case 2003-016)

    The interim rule to implement new Free Trade Agreements with Chile 
and Singapore, published in the Federal Register at 69 FR 1050, January 
7, 2004, is converted to a final rule with changes. The interim rule 
included in each Trade Agreements clause the statement that United 
States law will apply to resolve any claim of breach of contract. At 
the request of the Department of Justice, the final rule relocates this 
statement into a separate clause to be included in all contracts. All 
contracting officers must be aware of this new requirement.

Item III--Telecommuting for Federal Contractors (FAR Case 2003-025) 

    This interim rule addresses telecommuting by employees of Federal 
contractors. This rule implements Section 1428 of the Services 
Acquisition Reform Act of 2003 (Title XIV of Public Law 108-136), which 
prohibits agencies from including a requirement in a solicitation that 
precludes an offeror from permitting its employees to telecommute or, 
when telecommuting is not precluded, from unfavorably evaluating an 
offeror's proposal that includes telecommuting unless it would 
adversely affect agency requirements, such as security. Contracting 
officers awarding service contracts should familiarize themselves with 
this rule.

Item IV--Section 508 Micropurchase Exemption (FAR Case 2004-020) 

    This interim rule extends from October 1, 2004, to April 1, 2005, 
the micropurchase exception from the requirement to purchase electronic 
and information technology that provides individuals with disabilities 
better access to and use of information and data, as required by 
Section 508 of the Rehabilitation Act of 1973. The extension will 
provide agencies time to update their purchase card training modules on 
the 508 requirements and train their personnel. This rule is of special 
interest to contracting officers who purchase electronic and 
information technology.

Item V--Technical Amendments

    Editorial changes are made at FAR 14.403(c), 52.212-5(b)(34)(ii), 
52.215-15(b)(2), 52.217-5, and 52.219-4(d)(3) to update various 

    Dated: September 28, 2004.
Ralph J. De Stefano,
Acting Director, Contract Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2001-25 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 2001-25 is 
effective October 5, 2004, except for Item I, which is effective 
November 4, 2004.

    Dated: September 22, 2004.
Vincent J. Feck,
Lt Col USAF, Acting Director, Defense Procurement and Acquisition 

    Dated: September 8, 2004.
David A. Drabkin,
Senior Procurement Executive, Office of the Chief Acquisition Officer, 
General Services Administration.

    Dated: September 7, 2004.
Tom Luedtke,
Deputy Chief Acquisition Officer, National Aeronautics and Space 
[FR Doc. 04-22243 Filed 10-4-04; 8:45 am]