[Federal Register: October 5, 2004 (Volume 69, Number 192)]
[Rules and Regulations]               
[Page 59704-59705]
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. It consists of a summary of rules appearing in Federal 
Acquisition Circular (FAC) 2001-25 which amend the FAR. An asterisk (*) 
next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding these rules by referring to FAC 2001-25 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.acqnet.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 2001-25
      Item                          Subject                             FAR case                 Analyst
I..............  Elimination of the Standard Form 1417........  2002-017                 Davis.
II.............  Free Trade Agreements--Chile and Singapore,    2003-016                 Davis.
                  and Trade Agreements Thresholds.
III............  Telecommuting for Federal Contractors          2003-025                 Zaffos.
IV.............  Section 508 Micropurchase Exemption (Interim)  2004-020                 Nelson.
V..............  Technical Amendments.........................

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.

[[Page 59705]]

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.
[FR Doc. 04-22249 Filed 10-4-04; 8:45 am]