[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4384]


[[Page Unknown]]

[Federal Register: March 10, 1994]


-----------------------------------------------------------------------


DEPARTMENT OF DEFENSE
48 CFR Part 10

[FAC 90-20; FAR Case 91-48; Item III]
RIN 9000-AE95

 

Federal Acquisition Regulation; Preference for Commercial 
Products

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

ACTION: Interim rule adopted as final.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule to amend 
the Federal Acquisition Regulation (FAR) to clearly reflect the 
preference for use of voluntary standards, commercial item 
descriptions, and functional or performance specifications over design-
type specifications. This rule amends and finalizes the interim rule 
published in Federal Register on December 27, 1991 (56 FR 67130).

EFFECTIVE DATE: March 10, 1994.

FOR FURTHER INFORMATION CONTACT:
Mr. Jack O'Neill at (202) 501-3856 in reference to this FAR case. For 
general information, contact the FAR Secretariat, room 4035, GS 
Building, Washington, DC 20405 (202) 501-4755. Please cite FAC 90-20, 
FAR case 91-48.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 2325 of title 10, United States Code, requires, to the 
maximum extent practicable, that DOD requirements shall be stated in 
terms of (1) functions to be performed, (2) performance required, or 
(3) essential physical characteristics, and that such requirements 
shall be fulfilled through the acquisition of nondevelopmental items. 
Section 824(c) of the Fiscal Year 1990 Defense Authorization Act (Pub. 
L. 101-189) requires the Secretary of Defense to consider whether 
revisions to the regulations governing specifications, standards, and 
other purchase descriptions are necessary to implement the requirements 
of section 2325 of title 10, United States Code. An interim rule was 
published in the Federal Register on December 27, 1991 (56 FR 67130) to 
implement these statutory requirements. This final rule differs from 
the interim rule in that (1) the DOD requirement for mandatory use of 
product descriptions listed in the DOD Index of Specifications and 
Standards, which was inadvertently omitted from the interim rule, is 
reinstated at section 10.006(a); (2) a new exception to the requirement 
for mandatory use of indexed product descriptions is added at section 
10.006(a)(6); and (3) editorial changes are made for clarification.

B. Regulatory Flexibility Act

    An Initial Regulatory Flexibility Analysis was prepared supporting 
the interim rule, because it was anticipated that the proposed changes 
might have a significant economic impact on a substantial number of 
small entities. However, none of the public comments received indicated 
any concerns in this area. The additional changes included in the final 
rule do not constitute significant FAR revisions within the meaning of 
FAR 1.501 and Public Law 98-577. A Final Regulatory Flexibility 
Analysis has been prepared and is available from the FAR Secretariat. 
Comments are invited. Comments from small entities concerning the 
affected FAR subpart will be considered in accordance with 5 U.S.C. 
610. Such comments must be submitted separately and cite 5 U.S.C. 601, 
et seq. (FAR Case 91-48), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collections of information from offerors, contractors, 
or members of the public which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

D. Public Comments

    On December 27, 1991, an interim rule was published in the Federal 
Register (56 FR 67130). Seven comments were received from five 
organizations. All comments were considered, and changes were made in 
the development of the final rule.

List of Subjects in 48 CFR Part 10

    Government procurement.

    Dated: February 15, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule amending 48 CFR part 10, which was 
published at 56 FR 67130 on December 27, 1991, is adopted as a final 
rule with the following changes:

PART 10--SPECIFICATIONS, STANDARDS, AND OTHER PURCHASE DESCRIPTIONS

    1. The authority citation for 48 CFR part 10 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

    2. Section 10.001 is amended by revising the definitions 
``Commercial item description'' and ``Product description'' to read as 
follows:


10.001  Definitions.

* * * * *
    Commercial item description (CID) means an indexed, simplified 
product description managed by the General Services Administration 
(GSA) that describes, by functional, performance, or essential physical 
requirements, the available, acceptable commercial products that will 
satisfy the Government's needs.
* * * * *
    Product description is the generic term for documents used for 
acquisition and management purposes, such as specifications, standards, 
voluntary standards, CID's, or purchase descriptions.
* * * * *
    3. Section 10.002 is amended by revising paragraph (d) to read as 
follows:


10.002  Policy.

* * * * *
    (d) To the maximum practicable extent, unless inconsistent with 
applicable law or incapable of meeting the Government's needs, agencies 
shall use the following types of product descriptions, which are listed 
in descending order of preference:
    (1) Voluntary standards;
    (2) CID's in the acquisition of commercial or commercial-type 
products;
    (3) Government product descriptions stated predominantly in terms 
of functions to be performed or performance required;
    (4) Government product descriptions stated predominantly in terms 
of material, finish, schematics, tolerances, operating characteristics, 
component parts, or other design requirements.
* * * * *
    4. Section 10.006 is amended by revising the section heading and 
paragraph (a) to read as follows:


10.006  Mandatory product descriptions.

    (a) Unless otherwise authorized by law or approved under 10.007(a), 
product descriptions listed in the Index of Federal Specifications, 
Standards and Commercial Item Descriptions are mandatory for use by all 
agencies, and product descriptions listed in the DODISS are mandatory 
for use by the DOD, if acquiring supplies or services covered by such 
product descriptions, except if the acquisition is--
    (1) Required under an unusual and compelling urgency, and using the 
indexed product description would delay obtaining the requirement;
    (2) Conducted in accordance with the procedures in part 13;
    (3) For products acquired and used overseas;
    (4) For items, excluding military clothing, acquired for authorized 
resale;
    (5) For construction or new installations of equipment, where 
nationally recognized industry or technical source specifications and 
standards are available; or
    (6) For a product or service for which an adequate and appropriate 
voluntary standard is known to exist but has not yet been adopted and 
listed in the indexes referenced in this section.
* * * * *
[FR Doc. 94-4384 Filed 3-9-94; 8:45 am]
BILLING CODE 6820-34-M