[Federal Register Volume 59, Number 171 (Tuesday, September 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-21512]


[[Page Unknown]]

[Federal Register: September 6, 1994]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 10 and 52

[FAR Case 92-44]

 

Federal Acquisition Regulation; Reconditioned Material

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 are proposing to amend the Federal 
Acquisition Regulation (FAR) to combine the clauses at 52.210-5 and 
52.210-7 as an acquisition streamlining measure. This regulatory action 
was not subject to Office of Management and Budget (OMB) review 
pursuant to Executive Order No. 12866 dated September 30, 1993.

DATES: Comments should be submitted on or before November 7, 1994 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW, Room 4037, Washington, DC 20405. Please cite FAR case 92-
44 in all correspondence related to this case.

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 4037, GS 
Building, Washington, DC 20405 (202) 501-4755. Please cite FAR case 92-
44.

SUPPLEMENTARY INFORMATION:

A. Background

    The clauses at FAR 52.210-5, New Material, and at FAR 52.210-7, 
Used or Reconditioned Material, Residual Inventory, and Former 
Government Surplus Property, address the condition of material to be 
furnished under Government contracts. This proposed rule adds the 
requirements of the clause at 52.210-7 to the clause at 52.210-5 and 
revises the title of the clause to read ``Acceptable Material''. 
Corresponding changes are made to the clause prescription at FAR 
10.011(e).

B. Regulatory Flexibility Act

    The proposed rule is not expected 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 the rule 
merely rearranges and clarifies existing requirements. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. 
Comments are invited from small businesses and other interested 
parties. Comments from small entities concerning the affected FAR 
subpart will also be considered in accordance with 5 U.S.C. 610. Such 
comments must be submitted separately and should cite 5 U.S.C. 601, et 
seq. (FAR case 92-44), in correspondence.

C. Paperwork Reduction Act

    The Paper Reduction Act does not apply because the proposed 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.

List of Subjects in 48 CFR Parts 10 and 52

    Government procurement.

    Dated: August 24, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, it is proposed that 48 CFR parts 10 and 52 be amended as 
set forth below:
    1. The authority citation for 48 CFR parts 10 and 52 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).

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

    2. Section 10.010 is amended in paragraph (a), third sentence, by 
removing ``When'' and inserting ``If'' in its place; and by revising 
the fourth sentence to read as follows:


10.010  Acquiring used or reconditioned material, former Government 
surplus property, and residual inventory.

    (a) * * * Offerors wishing to provide such used or reconditioned 
material, former Government surplus property, or residual inventory, 
shall do so in accordance with the clause at 52.210-5, Acceptable 
Material, and the provision at 52.210-6, Listing of Used or 
Reconditioned Material, Residual Inventory, and Former Government 
Surplus Property, as appropriate.
* * * * *
    3. Section 10.011 is amended by revising paragraph (e)(1); removing 
paragraph (g)(1); and redesignating paragraph (g)(2) as paragraph (g), 
to read as follows:


10.011  Solicitation provisions and contract clauses.

* * * * *
    (e)(1) The contracting officer shall insert the clause at 52.210-5, 
Acceptable Material, in solicitations and contracts for supplies, 
unless, in the judgment of the contracting officer, the clause would 
serve no useful purpose.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Section 52.210-5 is revised to read as follows:


52.210-5  Acceptable Material.

    As prescribed in 10.011(e), insert the following clause:

ACCEPTABLE MATERIAL (DATE)

    (a) Unless this contract specifies otherwise, the Contractor 
represents that the supplies and components, including any former 
Government property identified under paragraph (b) of this clause, 
are new, including recycled (not used or reconditioned) and are not 
of such age or deteriorated as to impair their usefulness or safety.
    (b) The Contractor shall not furnish any item or component which 
is used or reconditioned material, residual inventory resulting from 
terminated Government contracts, or former Government surplus 
property, unless such item or component was listed in the applicable 
attachment to the offer and approved by the Contracting Officer or 
unless otherwise authorized, in writing, by the Contracting Officer.
    (c) If the Contractor believes that furnishing used or 
reconditioned supplies or components will be in the Government's 
interest, the Contractor shall so notify the Contracting Officer in 
writing. The Contractor's notice shall include the reasons for the 
request along with a proposal for any consideration to the 
Government if the Contracting Officer authorizes the use of used or 
reconditioned supplies or components.
    (d) All items or components furnished under this contract shall 
comply with the terms and specifications contained in the contract.
        (End of clause)


52.210-7  [Removed]

    5. Section 52.210-7 is removed.

[FR Doc. 94-21512 Filed 9-2-94; 8:45 am]
BILLING CODE 6820-34-M