[Federal Register Volume 60, Number 127 (Monday, July 3, 1995)]
[Rules and Regulations]
[Pages 34732-34733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-16079]




[[Page 34731]]

_______________________________________________________________________

Part IV

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Part 1, et al.



Federal Acquisition Regulations; Final Rules

  Federal Register / Vol. 60, No. 127 / Monday, July 3, 1995 / Rules 
and Regulations  

[[Page 34732]]


DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19, 20, 
22, 23, 25, 27, 28, 32, 33, 36, 41, 42, 43, 44, 45, 46, 47, 49, 52, 
and 53

      
[Federal Acquisition Circular 90-29]


Federal Acquisition Regulation; Introduction of Miscellaneous 
Amendments

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

ACTION: Summary presentation of interim rules.

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

      
SUMMARY: This document serves to introduce the documents which follow 
and which comprise Federal Acquisition Circular (FAC) 90-29. The 
Federal Acquisition Regulatory Council is issuing FAC 90-29 to amend 
the Federal Acquisition Regulation (FAR) to implement changes in the 
following subject areas:

----------------------------------------------------------------------------------------------------------------
 Item                          Subject                           FAR case      Rule type         Team leader    
----------------------------------------------------------------------------------------------------------------
I.....  FAR guiding principles..............................  95-010.......  Final........  O'Neill             
II....  Electronic contracting..............................  91-104.......  Interim......  Loeb                
III...  Simplified acquisition procedures/FACNET............  94-770.......  Interim......  Maykowskyj          
----------------------------------------------------------------------------------------------------------------

DATES: Effective Date: July 3, 1995.
    Comment Closing Date: September 1, 1995.

FOR FURTHER INFORMATION CONTACT:
The team leader whose name appears in relation to each FAR case. For 
general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC, 20405 (202) 501-4755. Please cite FAC 90-29 
and FAR case numbers(s).

SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-29 amends 
the Federal Acquisition Regulation (FAR) as specified below:
    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.

Item I--FAR Guiding Principles (FAR Case 95-010)

    This final rule amends the FAR at 1.102 to incorporate the 
Statement of Guiding Principles for the FAR as agreed to by the FAR 
Council.

Item II--Electronic Contracting (FAR Case 91-104)

    This interim rule amends the FAR to address the use of electronic 
commerce/electronic data interchange in Government contracting. This 
rule is intended to remove any barriers that existed in the FAR to use 
of electronic contracting/electronic data interchange.
Item III--Simplified Acquisition Procedures/FACNET (FAR Case 94-770)

    This interim rule implements the simplified acquisition and Federal 
Acquisition Computer Network (FACNET) requirements of the Federal 
Acquisition Streamlining Act (the Act). The Act defines the simplified 
acquisition threshold as $100,000. However, the FAR and the Act limit 
the use of simplified acquisition procedures by procurement activities 
not having certified interim FACNET to procurements not exceeding 
$50,000.
    FACNET is a universal electronic capability that will permit 
potential contractors to, as a minimum, obtain information on proposed 
procurements, submit responses, query the system, and receive awards on 
a Governmentwide basis.
    The reader should note the key features represented in FAR case 94-
770 which will change the acquisition process significantly upon 
implementation and continue to do so as contracting offices/activities 
and agencies begin to certify and implement the use of FACNET. These 
key features are: the small purchase limitation of $25,000 becomes the 
simplified acquisition threshold of $100,000 (see 13.101); use of the 
simplified acquisition procedures is tied to FACNET--simplified 
acquisition procedures may be used up to $50,000 upon FAR 
implementation without FACNET and up to $100,000 upon interim FACNET 
certification (see 13.103(b)); for non-FACNET acquisitions over 
$25,000, a synopsis for 15 days is still required; solicitation 
response time must provide a reasonable amount of time to afford 
potential offerors a reasonable opportunity to respond; the regulation 
exempts simplified acquisition procedures from 15 statutes and from 
certain provisions and clauses; contracting officers need to add any 
necessary clauses to the back of the purchase order form; and all 
purchases between $2,500 and $100,000 are reserved for small business 
(see 19.502-2).
    In addition to what the Act provided, the SAT/FACNET Team has 
incorporated coverage that provides flexibility and latitude that 
encourages the contracting officer to use innovative approaches in 
awarding contracts, seek the ``best value'' for the Government which 
includes past performance and quality; permits use of other than fixed 
price orders/contracts, when authorized by the agency; encourages the 
use of options; and increases the property clause threshold to be 
commensurate with the implementation and certification of FACNET.
    The most significant change in this rule is the implementation of 
FACNET which is addressed primarily in Subpart 4.5. FACNET will provide 
the capability of existing computer hardware and software to perform 
certain functions in a standard manner in order to provide one face to 
industry for the entire Government. FACNET is the preferred means for 
conducting all purchases under the simplified acquisition threshold 
($100,000) and above the micro-purchase threshold ($2,500). Contracting 
offices/activities may not conduct acquisitions using simplified 
acquisition procedures between $50,000 and $100,000, until they have 
certified and implemented interim FACNET.
    However, it is also significant to highlight what requirements did 
not change with FASA, such as the compliance with Part 8, required 
sources of supply; the policy on not splitting orders; requirement for 
posting $10,000 ($5,000 DOD); the need to synopsize over $25,000; the 
requirement for small business set-asides; and contracting reporting.


[[Page 34733]]

    Dated: June 26, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.
Federal Acquisition Circular

Number 90-29
    Federal Acquisition Circular (FAC) 90-29 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) and other directive material contained in FAC 90-29 is effective 
July 3, 1995.

    Dated: June 23, 1995.
Roland A. Hassebrock,
Col., USAF Director, Defense Procurement (Acting).

    Dated: June 16, 1995.
Ida M. Ustad,
Associate Administrator for Acquisition Policy General Services 
Administration.

    Dated: June 9, 1995.
Thomas S. Luedtke,
Deputy Associate Administrator for Procurement NASA.
[FR Doc. 95-16079 Filed 6-30-95; 8:45 am]
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