[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41466-41467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20186]



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Part IV

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Ch. 1, et al.



Federal Acquisition Regulations; Introduction of Miscellaneous 
Amendments; Final and Interim Rules

  Federal Register / Vol. 61, No. 154 / Thursday, August 8, 1996 / 
Rules and Regulations  

[[Page 41466]]



DEPARTMENT OF DEFENSE-

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Federal Acquisition Circular 90-41]


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 final and interim rules.

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

SUMMARY: This document serves to introduce and relate together the 
interim and final rule documents which follow and which comprise 
Federal Acquisition Circular (FAC) 90-41. The Civilian Agency 
Acquisition Council and the Defense Acquisition Regulations Council 
have agreed to issue FAC 90-41 to amend the Federal Acquisition 
Regulation (FAR) to implement changes in the following subject areas. A 
companion document, the Small Entities Compliance Guide, follows this 
FAC and may be located on the Internet at http://www.gsa.gov/far/
compliance.

----------------------------------------------------------------------------------------------------------------
        Item-                     Subject                     FAR case-                       Analyst           
----------------------------------------------------------------------------------------------------------------
I....................  Information Technology        96-319                       O'Neill.                      
                        Management Reform Act of                                                                
                        1996.                                                                                   
II...................  Compliance with Immigration   96-320-                      DeStefano.-                   
                        and Nationality Act                                                                     
                        Provisions.                                                                             
III..................  Federal Acquisition and       95-305-                      DeStefano.                    
                        Community Right-to-Know.                                                                
IV...................  Restrictions on Certain       95-303                       O'Such.                       
                        Foreign Purchases.                                                                      
V....................  Legal Proceedings Costs-....  93-010                       Olson.                        
----------------------------------------------------------------------------------------------------------------

DATES: For effective dates and comment dates, see individual documents 
which appear elsewhere in this separate part.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in 
relation to each FAR case or subject area. For general information, 
contact the FAR Secretariat, Room 4037, GS Building, Washington, DC, 
20405 (202) 501-4755. Please cite FAC 90-41 and FAR case number(s).

SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-41 amends 
the FAR as specified below:

CASE SUMMARIES-

    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--Information Technology Management Reform Act of 1996 (FAR 
Case 96-319)

    This interim rule implements the Information Technology Management 
Reform Act (ITMRA) of 1996 (Division E of Public Law 104-106). ITMRA 
seeks to improve Federal information management and to facilitate 
acquisition of state-of-the-art information technology that is critical 
for improving the efficiency and effectiveness of Government 
operations. Under ITMRA, each executive agency is authorized to acquire 
information technology, including entering into contracts that provide 
for multi-agency acquisitions of information technology in accordance 
with guidance issued by the Office of Management and Budget. This 
interim rule also contains certain policies and procedures from the 
Federal Information Resources Management Regulation (FIRMR). The 
changes to the FAR include (1) addition of a definition of 
``information technology'' at 2.101; (2) relocation of the definition 
of ``major system'' from 34.001 to 2.101; (3) addition of a new Subpart 
8.9, Financial Management Systems Software (FMSS) Mandatory Multiple 
Award Schedule (MAS) Contracts Program; (4) revision of Part 39, 
Acquisition of Information Technology; (5) addition of a new clause at 
52.239-1, Privacy or Security Safeguards; and (6) various conforming 
amendments in other parts of the FAR.

Item II--Compliance with Immigration and Nationality Act Provisions 
(FAR Case 96-320)

    This interim rule amends FAR 9.406 to implement Executive Order 
12989 of February 13, 1996, Economy and Efficiency in Government 
Procurement Through Compliance with Certain Immigration and Nationality 
Act Provisions. The Executive Order provides that a contractor may be 
debarred upon a determination by the Attorney General that the 
contractor is not in compliance with the employment provisions of the 
Immigration and Nationality Act.

Item III--Federal Acquisition and Community Right-to-Know (FAR Case 
95-305)

    The interim rule published in FAC 90-34 is revised and finalized. 
The rule implements Executive Order 12969, Federal Acquisition and 
Community Right-to-Know, which requires that Government contractors 
report in a public manner on toxic chemicals released into the 
environment. The final rule differs from the interim rule in that it 
amends FAR Subpart 23.9, the provision at 52.223-13, and the clause at 
52.223-14 to clarify that (1) an offeror must submit a Certification of 
Toxic Chemical Release Reporting regarding only those facilities that 
it owns or operates, and (2) a contractor must file a Toxic Chemical 
Release Inventory Form with the Environmental Protection Agency only 
for its facilities that are subject to the reporting requirements of 
the Emergency Planning and Community Right-to-Know Act of 1986.

Item IV--Restrictions on Certain Foreign Purchases (FAR Case 95-
303)-

    This final rule amends FAR Subpart 25.7 and the clause at 52.225-11 
to (1) implement Executive Order 12959, Prohibiting Certain 
Transactions with Respect to Iran, and (2) reflect the regulations of 
the Department of the Treasury, Office of Foreign Assets Control (31 
CFR Chapter V). Iran and Libya are added to the list of sources from 
which procurement is restricted; Vietnam, Cambodia, and South Africa 
are removed from the list.

Item V--Legal Proceedings Costs (FAR Case 93-010)

    This final rule amends FAR 31.205-47 to make the costs of pre- or 
post-award protests unallowable. An

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exception to this requirement is made for costs incurred to defend 
against a protest, if the costs are incurred pursuant to a written 
request from the contracting officer.

    Dated: August 2, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Federal Acquisition Circular

August 8, 1996; Number 90-41

    Federal Acquisition Circular (FAC) 90-41 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.
    FAR case 96-320 is effective August 8, 1996. FAR cases 93-010, 95-
303, and 95-305 are effective October 7, 1996. Far Case 96-319 is 
effective August 8, 1996, and applies to all information technology 
solicitations issued on or after August 8, 1996.

    Dated: July 29, 1996.
Eleanor R. Spector,
Director, Defense Procurement.
    Dated: July 23, 1996.
Edward C. Loeb,
Acting Deputy Associate Administrator, Office of Acquisition Policy, 
General Services Administration.
Tom Luedtke,
Deputy Associate Administrator for Procurement, National Aeronautics 
and Space Administration.
[FR Doc. 96-20186 Filed 8-7-96; 8:45 am]
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