[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30634]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAC 90-23; FAR Case 91-11; Item XXXV]
 RIN 9000-AE57


Federal Acquisition Regulation; Shipments to Ports and Air 
Terminals

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 have agreed on a final rule to amend 
the Federal Acquisition Regulation (FAR) concerning the provision, 
Evaluation of Export Offers, to require contracting officers to 
publish, with the solicitation, available information on port handling 
and ocean charges for DOD water terminals. Several editorial and minor 
technical changes were also made to the provision. This regulatory 
action was not subject to Office of Management and Budget (OMB) review 
under Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Peter O'Such at (202) 501-1759 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 FAC 90-23, FAR case 91-11.

SUPPLEMENTARY INFORMATION:

A. Background

    This change was recommended as a result of the Defense Management 
Review Regulatory Reform initiative. The Councils determined that 
language in FAR supplements would be useful for all Federal contracting 
activities. The proposed rule was published in the Federal Register at 
56 FR 20573, May 6, 1991. We received and evaluated public comments and 
made revisions to the proposed rule based on public comments.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
rule will not have a significant economic impact on a substantial 
number of small entities under the Regulatory Flexibility Act, 5 U.S.C. 
601, et seq., because it prescribes Government responsibilities for 
furnishing port handling and ocean charges in the solicitation.

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 collection of information from offerors, contractors, 
or members of the public which require OMB approval under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Part 52

     Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR part 52 is amended as set forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for 48 CFR part 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).

    2. Section 52.247-51 is amended by revising the introductory 
paragraph, the date in the title of the provision, paragraphs (a) and 
(d), and paragraph (a) of Alternate I, and by removing ``(R 7-2003.20 
1968 JUN)'' following both the provision and Alternate I to read as 
follows:


52.247-51  Evaluation of Export Offers.

    As prescribed in 47.305-6(e), insert the following provision:

Evaluation of Export Offers (Feb. 1995)

    (a) Port handling and ocean charges--other than DOD water 
terminals. Port handling and ocean charges in tariffs on file with 
the Bureau of Domestic Regulation, Federal Maritime Commission, or 
other appropriate regulatory authorities as of the date of bid 
opening (or the closing date specified for receipt of offers) and 
which will be effective for the date of the expected initial 
shipment will be used in the evaluation of offers.
* * * * *
    (d) Ports of loading for evaluation of offers. Terminals to be 
used by the Government in evaluating offers are as follows: (For the 
information of the offerors, ocean and port handling charges are set 
forth if the terminal named is a DOD water terminal.) 

                                                                                                                
   Ports/Terminals of             Combined Ocean and Port Handling            Unit of Measure: i.e. metric ton, 
         Loading                    Charges to (Indicate Country)             measurement ton, cubic foot, etc. 
                                                                                                                
                          ....  ....................................  ....  ....................................
-------------------------      --------------------------------------      -------------------------------------
                                                                                                                
                          ....  ....................................  ....  ....................................
-------------------------      --------------------------------------      -------------------------------------
                                                                                                                
                          ....  ....................................  ....  ....................................
-------------------------      --------------------------------------      -------------------------------------
                                                                                                                

* * * * *
    Alternate I (FEB 1995). * * *
    (a) Port handling and ocean charges--DOD water terminals. The 
port handling and ocean charges are set forth in paragraph (d) of 
this provision for the information of offerors and are current as of 
the time of issuance of the solicitation. For evaluation of offers, 
the Government will use the port handling and ocean charges made 
available by the Directorate of International Traffic, Military 
Traffic Management Command rate information letters, on file as of 
the date of bid opening (or the closing date specified for receipt 
of offers) and which will be effective for the date of the expected 
initial shipment.
* * * * *
[FR Doc. 94-30634 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P