[Federal Register: June 3, 2003 (Volume 68, Number 106)]
[Proposed Rules]
[Page 33329-33330]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn03-41]
[[Page 33329]]
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Part VI
Department of Defense
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General Services Administration
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National Aeronautics and Space Administration
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48 CFR Part 15
Federal Acquisition Regulation; Unsolicited Proposals; Proposed Rule
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 15
[FAR Case 2002-027]
RIN 9000-AJ66
Federal Acquisition Regulation; Unsolicited Proposals
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to implement Section 834 of the
Homeland Security Act of 2002 (Public Law 107-296). Section 834 adds
new considerations concerning the submission, receipt, evaluation, and
acceptance or rejection of unsolicited proposals.
DATES: Interested parties should submit comments in writing on or
before August 4, 2003, to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to--General Services Administration,
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to--farcase.2002-
027@gsa.gov. Please submit comments only and cite FAR case 2002-027 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202)
501-1758. Please cite FAR case 2002-027.
SUPPLEMENTARY INFORMATION:
A. Background
The rule amends the FAR to implement section 834 of the Homeland
Security Act of 2002 (Pub. L. 107-296). Section 834 adds new
considerations concerning the submission, receipt, evaluation, and
acceptance or rejection of unsolicited proposals. The rule will require
that a valid unsolicited proposal not address a previously published
agency requirement. It also requires that, before initiating a
comprehensive evaluation, the agency must determine that the proposal
contains sufficient cost-related or price-related information for
evaluation, and that it has overall scientific, technical, or
socioeconomic merit.
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 Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because, while we have made changes in accordance with plain language
guidelines, we have not substantively changed procedures for award and
administration of contracts. An Initial Regulatory Flexibility Analysis
has, therefore, not been performed. We invite comments from small
businesses and other interested parties. The Councils will consider
comments from small entities concerning the affected FAR Part 15 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
2002-027), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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 15
Government procurement.
Dated: May 29, 2003
Laura G. Smith,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 15 as
set forth below:
PART 15--CONTRACTING BY NEGOTIATION
1. The authority citation for 48 CFR part 15 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Amend section 15.603 by removing ``and'' from the end of
paragraph (c)(4); removing the period from the end of paragraph (c)(5)
and adding ``; and'' in its place; and adding a new paragraph (c)(6) to
read as follows:
15.603 General.
* * * * *
(c) * * *
(6) Not address a previously published agency requirement.
* * * * *
3. In section 15.606-1, amend paragraph (a) by--
a. Revising paragraph (a)(4);
b. Redesignating paragraphs (a)(5) and (a)(6) as (a)(6) and (a)(7),
respectively; and
c. Adding a new paragraph (a)(5). The revised and added text reads
as follows:
15.606-1 Receipt and initial review.
(a) * * *
(4) Contains sufficient technical information and cost-related or
price-related information for evaluation;
(5) Has overall scientific, technical, or socioeconomic merit;
[FR Doc. 03-13860 Filed 6-2-03; 8:45 am]