[Federal Register: March 9, 2005 (Volume 70, Number 45)]
[Rules and Regulations]
[Page 11740]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Part 13

[FAC 2005-01; FAR Case 2004-034; Item III]
RIN 9000-AK11

Federal Acquisition Regulation; Extension of Authority for Use of
Simplified Acquisition Procedures for Certain Commercial Items, Test

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

ACTION:  Final rule.


SUMMARY:  The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to extend the
timeframe to use the test program for commercial items.

DATES: Effective Date: April 8, 2005.

FOR FURTHER INFORMATION CONTACT:  The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Mr. Michael O. Jackson, Procurement
Analyst, at (202) 208-4949. Please cite FAC 2005-01, FAR case 2004-034.


A. Background

    This final rule amends the Federal Acquisition Regulation to
implement Section 817 of the Ronald W. Reagan National Defense
Authorization Act for Fiscal Year 2005. Section 817 amended section
4202(e) of the Clinger-Cohen Act of 1996 (Public Law 104-106) by
extending until January 1, 2008, the timeframe in which an agency may
use simplified procedures to purchase commercial items in amounts
greater than the simplified acquisition threshold, but not exceeding
$5,000,000 ($10,000,000 for acquisitions as described in 13.500(e)).
    This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501 and Public Law98-577, and publication for public
comments is not required. This rule continues current FAR policy.
However, the Councils will consider comments from small entities
concerning the affected FAR Part 13 in accordance with 5 U.S.C. 610.
Interested parties must submit such comments separately and should cite
5 U.S.C. 601, et seq. (FAR case 2004-034), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.

List of Subjects in 48 CFR Part 13

    Government procurement.

    Dated: February 24, 2005
Rodney P. Lantier,
Director,Contract Policy Division.

Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth below:


1. The authority citation for 48 CFR part 13 is revised to read as

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).

13.500  [Amended]

2. Amend Section 13.500 in paragraph (d) by removing ``January 1,
2006'' and by adding ``January 1, 2008'' in its place.
[FR Doc. 05-4086 Filed 3-8-05; 8:45 am]