[Federal Register: April 5, 2004 (Volume 69, Number 65)]
[Rules and Regulations]
[Page 17739-17741]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05ap04-11]
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Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1, et al.
Federal Acquisition Regulations; Final Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 2001-22; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim rules, and technical
amendments and corrections.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 2001-22. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is 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.
DATES: For effective dates and comment dates, see separate documents
which follow.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, at (202) 501-
4755, for information pertaining to status or publication schedules.
For clarification of content, contact the analyst whose name appears in
the table below in relation to each FAR case or subject area. Please
cite FAC 2001-22 and specific FAR case number(s). Interested parties
may also visit our website at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.arnet.gov/far.
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Item Subject FAR case Analyst
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I Government Property Disposal........... 1995-013 Parnell
II General Provisions of the Cost 2001-034 Loeb
Principles.
III Unique Contract and Order Identifier 2002-025 Zaffos
Numbers.
IV Unsolicited Proposals.................. 2002-027 Wise
V New Mexico Tax--United States Missile 2003-020 Loeb
Defense Agency.
VI Technical Amendments...................
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments to these FAR cases, refer to the
specific item number and subject set forth in the documents following
these item summaries.
FAC 2001-22 amends the FAR as specified below:
Item I--Government Property Disposal (FAR Case 1995-013)
This final rule amends FAR Parts 1, 2, 8, 45, 49, 52, and 53 to
simplify procedures, reduce recordkeeping, and eliminate requirements
related to the disposition of Government property in the possession of
contractors.
Item II--General Provisions of the Cost Principles (FAR Case 2001-034)
This final rule amends the FAR to revise certain general provisions
of the cost principles contained at FAR 31.201-1, Composition of total
cost; FAR 31.201-2, Determining allowability; FAR 31.202, Direct costs;
and FAR 31.203, Indirect costs. The rule revises the cost principles by
improving clarity and structure, and removing unnecessary and
duplicative language. The final rule also adds the definition of
``direct cost'' and revises the definition of ``indirect cost'' at FAR
2.101, Definitions, to be consistent with the terminology used in the
cost accounting standards (CAS). The case was initiated as a result of
comments and recommendations received from industry and Government
representatives during a series of public meetings. This rule is of
particular interest to contractors and contracting officers who use
cost analysis to price contracts and modifications, and who determine
or negotiate reasonable costs in accordance with a clause of a
contract, e.g., price revision of fixed-price incentive contracts,
terminated contracts, or indirect cost rates.
Item III--Unique Contract and Order Identifier Numbers (FAR Case 2002-
025)
The interim rule published in the Federal Register at 68 FR 56679,
October 1, 2003, is converted to a final rule, without change, to
require each reporting agency to assign a unique procurement instrument
identifier (PIID) for every contract, purchase order, BOA, Basic
Agreement, and BPA reported to the Federal Procurement Data System; and
to have in place a process that will ensure that each PIID reported to
FPDS is unique, Governmentwide, and will remain so for at least 20
years from the date of contract award.
Item IV--Unsolicited Proposals (FAR Case 2002-027)
This final 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.
Item V--New Mexico Tax--United States Missile Defense Agency (FAR Case
2003-020)
This final rule amends FAR 29.401-4(c) to incorporate the Defense
Missile Agency as a participating agency within the terms and
conditions stipulated in FAR 29.401-4, New Mexico Gross Receipts and
Compensating Tax. This provision aims to eliminate the double taxation
of Government cost reimbursement contracts when contractors and their
subcontractors purchase tangible personal property to be used in
performing services in the State of New Mexico and for which such
property will pass to the United States.
Item VI--Technical Amendments
This amendment makes editorial changes at FAR 52.212-5(b)(24) and
52.213-4(a)(1)(iv).
Dated: March 26, 2004.
Laura Auletta,
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2001-22 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR)
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and other directive material contained in FAC 2001-22 are effective
April 5, 2004, except for Items I, II, and IV which are effective May
5, 2004.
Dated: March 26, 2004.
Deidre A. Lee,
Director, Defense Procurement and Acquisition Policy.
Dated: March 19, 2004.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, General
Services Administration.
Dated: March 19, 2004.
Anne Guenther,
Acting Assistant Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 04-7404 Filed 4-2-04; 8:45 am]