[Federal Register: March 20, 2002 (Volume 67, Number 54)]
[Rules and Regulations]
[Page 13068-13069]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr02-30]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
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.
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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) 2001-06 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 2001-06 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 2001-06
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Item Subject FAR case Analyst
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I.............................. Commercial Items--Standard Form 2000-012 Moss.
1449.
II............................. Definitions for ``Contract 2000-402 Moss.
Action'' and ``Contracting
Action''.
III............................ Definitions for Sealed Bid and 2000-403 DeStefano.
Negotiated Procurements.
IV............................. Procurement Integrity Rewrite.. 1998-024 DeStefano.
V.............................. Acquisition of Helium.......... 2000-008 Nelson.
VI............................. HUBZone Program Applicability.. 2001-003 Cundiff.
VII............................ Application of Labor Clauses... 1999-612 Nelson.
VIII........................... Technical Amendments...........
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Item I--Commercial Items--SF 1449 (FAR Case 2000-012)
Standard Form 1449, Solicitation/Contract/Order for Commercial
Items, is prescribed by the FAR for the acquisition of commercial
items. This final rule makes several minor revisions to the form,
including the addition of a block to indicate that the acquisition is a
HUBZone set-aside, the substitution of a NAICS code for the SIC code,
the notation that award is made only on the offeror's items
specifically listed in block 29, and the addition of several blocks in
the area of the form used as a receiving report by the Government. All
of the changes involve blocks that are completed by the Government.
[[Page 13069]]
Item II--Definitions for ``Contract Action'' and ``Contracting
Action'' (FAR Case 2000-402)
This final rule amends the FAR to provide for consistent use of the
term ``contract action.'' The rule changes the term ``contracting
action'' to ``contract action'' throughout the FAR and makes other
editorial changes to clarify the text.
Item III--Definitions for Sealed Bid and Negotiated Procurements
(FAR Case 2000-403)
This final rule amends the FAR to clarify definitions that are used
for sealed bid and negotiated procurements. The final rule--
Moves the definitions of ``bid sample'' and ``descriptive
literature'' from FAR Part 14 to FAR 2.101 because the definitions
apply to more than one FAR part, e.g., parts 14 and 15;
Amends those definitions and the definition of ``offer''
in accordance with plain language guidelines;
Revises applicable provisions in FAR Part 52 to conform
with the new definitions;
Adds a new definition for ``solicitation'' at FAR 2.101;
and
Provides definitions for ``bid'' and ``bidder'' in FAR
Part 28 because, as used in that part, the terms address sealed bid and
negotiated acquisitions.
The rule clarifies terminology used in FAR 15.201(f), 15.609(e),
and 35.007(g). Where we mean an entity that is actively seeking a
contract, we use the term ``prospective offeror.'' However, those cites
describe processes that are set up to ensure fair and open competition.
Therefore, any interested party is able to participate, including
parties that the Government has not yet identified. Therefore, the rule
uses the more general term ``potential offeror.''
Item IV--Procurement Integrity Rewrite (FAR Case 1998-024)
This final rule amends FAR parts 2, 3, 4, 9, 15, and 52 to rewrite
the procurement integrity coverage (the implementation of section 27 of
the Office of Federal Procurement Policy Act (41 U.S.C. 423) (more
commonly referred to as the Procurement Integrity Act)) in plain
language.
FAR 3.104 implements prohibitions, restrictions, and other
requirements of the Procurement Integrity Act that are placed on
certain agency officials that participate in Federal agency
procurements. However, other statutes and regulations also govern the
conduct of Government employees. While specific guidance pertaining to
the Procurement Integrity Act at FAR 3.104 does not implement these
other statutes and regulations, the rule does add guidance to alert
these agency officials that they should seek advice from agency ethics
officials before engaging in certain activities that could have serious
consequences, including criminal prosecution.
These revisions to FAR 3.104 do not change either the requirements
of the Procurement Integrity Act or change, in any manner, who is
covered by, or the activities covered in, Office of Government Ethics
regulations interpreting conflict of interest statutes.
Item V--Acquisition of Helium (FAR Case 2000-008)
This final rule revises FAR Subpart 8.5 and the clause at 52.208-8
to implement the Department of the Interior final rule regarding helium
contracts that was published in the Federal Register at 63 FR 66760,
December 3, 1998. The final rule--
Changes the definitions;
Eliminates the requirement for certain contractors and
subcontractors to submit helium forecasts; and
Establishes the requirement that contractors and
subcontractors under contracts with a major helium requirement must
report purchases of helium from Federal helium suppliers.
Item VI--HUBZone Program Applicability (FAR Case 2001-003)
The HUBZone Act of 1997 expanded the applicability of the HUBZONE
Program to all agencies covered by the FAR after September 30, 2000,
and is currently reflected in the FAR. This rule amends the FAR to
simplify the existing language at FAR parts 12, 19, and 52.
Item VII--Application of Labor Clauses (FAR Case 1999-612)
This final rule affects all contracting officers who use the FAR.
The rule--
Moves the Prohibition of Segregated Facilities clause from
the list at paragraph (b), to the list at paragraph (a), of the clause
at 52.213-4 and clarifies the existing requirements of 41 CFR 60-1.8,
promulgated by the Department of Labor under E.O. 11246. The
Prohibition of Segregated Facilities clause must be included in
contracts whenever the Equal Opportunity clause (FAR 52.222-26) is
included.
Moves the Equal Opportunity clause from the list at
paragraph (b), to the list at paragraph (a), of the clause at 52.213-4
because the clause must be included in almost all contracts, even those
under $10,000, in accordance with the requirements at FAR 22.802(a)(1)
and 22.807(b). Even though included, the clause is inapplicable unless
the aggregate value of contracts and subcontracts awarded to the
contractor exceeds $10,000 in a year.
Makes other revisions to the clause at FAR 52.222-26,
Equal Opportunity, to include a definition of ``United States'' and
incorporate the exception for work performed outside the United States.
Item VIII--Technical Amendments
These amendments update sections and make editorial changes at FAR
1.404, 5.207, 6.302-5, 9.104-3, 31.101, 52.219-19, and 52.219-20.
Dated: March 6, 2002.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 02-5828 Filed 3-19-02; 8:45 am]
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