[Federal Register: June 18, 2004 (Volume 69, Number 117)]
[Rules and Regulations]
[Page 34228-34229]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18jn04-25]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2 and 52
[FAC 2001-24; FAR Case 2002-013; Item II]
RIN 9000-AJ83
Federal Acquisition Regulation; Definitions Clause
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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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 clarify the
applicability of FAR definitions to solicitation provisions and
contract clauses.
DATES: Effective Date: July 19, 2004.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755
for information pertaining to status or publication schedules. For
clarification of content, contact Ms. Jeritta Parnell, Procurement
Analyst, at (202) 501-4082. Please cite FAC 2001-24, FAR case 2002-013.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the FAR to delete the list of definitions
from the clause at FAR 52.202-1 and to replace the list with general
policy regarding the applicability of FAR definitions to solicitation
provisions and contract clauses.
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 69 FR 2988, January 21, 2004. Three comments were received
from one respondent. The first two comments requested clarification as
to whether the second and third sentences of FAR 2.201 and Alternate I
of the clause at FAR 52.202-1 are being deleted. This text has been
deleted, and the proposed and final rules reflect this. The third
comment suggested correcting the Web address in FAR 52.202-1. We agree.
The Web address has been changed. The proposed rule has been converted
to a final rule with this change and other minor editorial changes.
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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 the principle of how
definitions apply is already expressed in FAR Part 2. Since this
principle is not as clearly expressed in the FAR Part 52 clauses, the
rule repeats the principle in a clause to clarify this issue for
offerors and contractors.
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 Parts 2 and 52
Government procurement.
Dated: June 10, 2004.
Ralph J. De Stefano,
Acting Director, Acquisition Policy Division.
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Therefore, DoD, GSA, and NASA amend 48 CFR parts 2 and 52 as set forth
below:
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1. The authority citation for 48 CFR parts 2 and 52 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).
PART 2--DEFINITIONS OF WORDS AND TERMS
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2. Revise section 2.201 to read as follows:
2.201 Contract clause.
Insert the clause at 52.202-1, Definitions, in solicitations and
contracts that exceed the simplified acquisition threshold.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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3. Revise section 52.202-1 to read as follows:
52.202-1 Definitions.
As prescribed in 2.201, insert the following clause:
Definitions (Jul 2004)
(a) When a solicitation provision or contract clause uses a word
or term that is defined in the Federal Acquisition Regulation (FAR),
the word or term has the same meaning as the definition in FAR 2.101
in effect at the time the solicitation was issued, unless--
(1) The solicitation, or amended solicitation, provides a
different definition;
(2) The contracting parties agree to a different definition;
(3) The part, subpart, or section of the FAR where the provision
or clause is prescribed provides a different meaning; or
(4) The word or term is defined in FAR Part 31, for use in the
cost principles and procedures.
(b) The FAR Index is a guide to words and terms the FAR defines
and shows where each
[[Page 34229]]
definition is located. The FAR Index 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 at the end of the FAR, after the FAR
Appendix.
(End of clause)
52.213-4 [Amended]
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4. Amend section 52.213-4 by removing ``(May 2004)'' from the clause
heading and from paragraph (a)(2)(vi) of the clause and adding ``(Jul
2004)'' in their place.
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5. In section 52.244-6, revise the date of the clause; and in paragraph
(a) of the clause revise the definition ``Commercial item'' to read as
follows:
52.244-6 Subcontracts for Commercial Items.
* * * * *
Subcontracts for Commercial Items (Jul 2004)
(a) * * *
Commercial item has the meaning contained in Federal Acquisition
Regulation 2.101, Definitions.
* * * * *
[FR Doc. 04-13619 Filed 6-17-04; 8:45 am]