[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41467-41472]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20187]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2, 5, 7, 8, 9, 12, 15, 16, 17, 19, 22, 32, -33, 34,
37, 38, 39, 45, 46, 51, 52, and 53
[FAC 90-41, FAR Case 96-319, Item I]
RIN 9000-AHXX
Federal Acquisition Regulation; Information Technology Management
Reform Act of 1996 (ITMRA)
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to an interim rule amending
the Federal Acquisition Regulation (FAR) to provide for a simplified,
clear, and understandable process for acquiring information technology
(IT) that addresses the management of risk. This interim rule
implements the Information Technology Management Reform Act (ITMRA),
Division E of Public Law 104-106, dated February 10, 1996. The interim
rule also incorporates the recommendations of the Federal Information
Resources Management Regulation (FIRMR) Transition Committee,
relocating those provisions of the FIRMR, which were recommended for
retention, in the FAR. This regulatory action was not subject to Office
of Management and Budget (OMB) review under Executive Order 12866,
dated September 30, 1993, and is not a major rule under 5 U.S.C. 804.
DATES: Effective Date: August 8, 1996.
Applicability: This regulation applies to all IT solicitations
issued on or after August 8, 1996. The General Services Board of
Contract Appeals (GSBCA) will not accept any protest received on or
after August 8, 1996.
Comment Date: Comments should be submitted to the FAR Secretariat
at the address shown below on or before October 7, 1996 to be
considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to: -
General Services Administration, FAR Secretariat (MVRS), 18th & F
Streets, NW, Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 20405.
Please cite FAC 90-41, FAR case 96-319 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 FAC 90-41, FAR case 96-319.
SUPPLEMENTARY INFORMATION:
A. Background
Federal information systems are critical to every American. The
efficiency and effectiveness of the Federal Government is dependent
upon the effective use of information. The Information Technology
Management Reform Act (ITMRA) of 1996 seeks to improve Federal
information management and to facilitate Federal Government acquisition
of state-of-the-art IT that is critical for improving the efficiency
and effectiveness of Federal Government operations.
Under ITMRA, each executive agency is authorized to acquire IT,
including entering into contracts that provide for multi-agency
acquisitions of IT in accordance with guidance issued by OMB. The Chief
Information Officer (CIO) of each agency is responsible for the IT
programs of the agency. The Director of OMB is responsible for
improving the acquisition, use, and disposal of IT by the Federal
Government. The development and use of best practices in the
acquisition of IT will be encouraged. Additionally, the Director will
monitor the effectiveness of, and compliance with, directives issued
under ITMRA. The Director will also coordinate the development and
review of policy by the Administrator, Office of Information and
Regulatory Affairs, with the Office of Federal Procurement Policy.
In light of the passage of ITMRA, and the recognition by the CIO
Council that a new regulatory framework is necessary to effect the
tenor and tenets of the ITMRA, the FIRMR Transition Committee reviewed
the FIRMR (41 CFR Chapter 201) and made recommendations as to
provisions of the FIRMR that should be included in the FAR. The
language resulting from those recommendations is included in this
interim rule.
This interim rule implements ITMRA, the recommendations of the
FIRMR Transition Committee, and the goals of transforming acquisition
of IT into a results-oriented procurement system which ensures
responsibility and accountability of Federal agencies in the use of IT
in support of agency missions.
Section 5202 of ITMRA encourages agency heads to use modular
contracting or incremental acquisition when acquiring a major
information technology system. A proposed rule giving guidance to
contracting officers on use of this technique will be developed after
publication of this interim rule. Regulation drafters will work closely
with industry and contracting agencies to ensure that the proposed rule
provides guidance to agencies using this technique.
B. Regulatory Flexibility Act
This rule is expected to have a significant beneficial 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
simplifies and streamlines procedures for the acquisition of
information technology. An Initial Regulatory Flexibility Analysis
(IRFA) has been prepared and will be provided to the Chief Counsel for
Advocacy of the Small Business
[[Page 41468]]
Administration. A copy of the IRFA may be obtained from the FAR
Secretariat. Comments are invited. Comments from small entities
concerning the affected FAR subparts 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 96-319), 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 OMB under 44
U.S.C. 3501, et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense (DOD), the Administrator of General Services (GSA), and the
Administrator of the National Aeronautics and Space Administration
(NASA) that compelling reasons exist to promulgate this interim rule
without prior opportunity for public comment. This action is necessary
because the ITMRA, passed February 10, 1996, should be effective by
August 8, 1996. Regulations should be in effect by that date. However,
pursuant to Public Law 98-577 and FAR 1.501, public comments received
in response to this interim rule will be considered in the formation of
the final rule.
List of Subjects in 48 CFR Parts 2, 5, 7, 8, 9, 12, 15, 16, 17, 19, 22,
32, 33, 34, 37, 38, 39, 45, 46, 51, 52 and 53
Government procurement.
Dated: August 2, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 2, 5, 7, 8, 9, 12, 15, 16, 17, 19, 22, 32,
33, 34, 37, 38, 39, 45, 46, 51, 52, and 53 are amended as set forth
below:
1. The authority citation for 48 CFR Parts 2, 5, 7, 8, 9, 12, 15,
16, 17, 19, 22, 32, 33, 34, 37, 38, 39, 45, 46, 51, 52 and 53 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 2--DEFINITIONS OF WORDS AND TERMS
2. Section 2.101 is amended by adding, in alphabetical order, the
definitions for ``Information technology'' and ``Major system'' to read
as follows:
2.101 Definitions.
* * * * *
Information technology means any equipment, or interconnected
system(s) or subsystem(s) of equipment, that is used in the automatic
acquisition, storage, manipulation, management, movement, control,
display, switching, interchange, transmission, or reception of data or
information by the agency.
(a) For purposes of this definition, equipment is used by an agency
if the equipment is used by the agency directly or is used by a
contractor under a contract with the agency which--
(1) Requires the use of such equipment; or
(2) Requires the use, to a significant extent, of such equipment in
the performance of a service or the furnishing of a product.
(b) The term information technology includes computers, ancillary
equipment, software, firmware and similar procedures, services
(including support services), and related resources.
(c) The term information technology does not include any equipment
that is acquired by a contractor incidental to a contract.
Major system means that combination of elements that will function
together to produce the capabilities required to fulfill a mission
need. The elements may include hardware, equipment, software, or any
combination thereof, but exclude construction or other improvements to
real property. A system shall be considered a major system if--
(a) The Department of Defense is responsible for the system and the
total expenditures for research, development, test, and evaluation for
the system are estimated to be more than $75,000,000 (based on fiscal
year 1980 constant dollars) or the eventual total expenditure for the
acquisition exceeds $300,000,000 (based on fiscal year 1980 constant
dollars);
(b) A civilian agency is responsible for the system and total
expenditures for the system are estimated to exceed $750,000 (based on
fiscal year 1980 constant dollars) or the dollar threshold for a
``major system'' established by the agency pursuant to Office of
Management and Budget Circular A-109, entitled ``Major System
Acquisitions,'' whichever is greater; or
(c) The system is designated a ``major system'' by the head of the
agency responsible for the system.
* * * * *
PART 5--PUBLICIZING CONTRACT ACTIONS
5.207 [Amended]
3. Section 5.207 is amended in paragraph (g)(1) by revising in the
table the entry for ``Code D'' to read ``Information technology
services, including telecommunications services.''; and in (g)(2) by
revising in the table the entry for ``Code 70'' to read ``General-
purpose information technology equipment.''
PART 7--ACQUISITION PLANNING
4. Section 7.403(b)(1) is revised to read as follows:
7.403 General Services Administration assistance.
* * * * *
(b) * * *
(1) Center for Strategic IT Analysis (MKS), Washington, DC 20405,
for information on acquisition of information technology.
* * * * *
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
8.002 [Amended]
5. Section 8.002 is amended by removing paragraph (d) and
redesignating paragraphs (e) through (g) as (d) through (f),
respectively.
8.402 [Reserved]
6. Section 8.402 is removed and reserved.
7. Subpart 8.9 is added to read as follows:
Subpart 8.9--Financial Management Systems Software (FMSS) Mandatory
Multiple Award Schedule (MAS) Contracts Program
Sec.
8.901 General.
8.902 Policy.
8.903 Exceptions.
8.904 Procedures.
8.901 General.
(a) OMB has established a mandatory Governmentwide Financial
Management Systems Software (FMSS) program.
(b) Agencies may obtain information and assistance concerning the
use of the FMSS MAS contracts program from: General Services
Administration, Procurement Services Center (KRB), FMSS Contracting
Officer, 18th and F Streets, NW, Washington, DC 20405.
(c) OMB Circular No. A-127, Revised, ``Financial Management
Systems,'' provides further policy direction regarding the FMSS
program.
[[Page 41469]]
8.902 Policy.
The FMSS MAS contracts program is mandatory for use by executive
agencies for the acquisition of commercial software for core financial
systems and for the acquisition of services and support related to the
implementation of such software.
8.903 Exceptions.
(a) If an executive agency holds a licensing agreement for a
software package that is available on the FMSS MAS contracts, and the
package was obtained under a contract awarded before the award of the
FMSS MAS contracts, the agency's use of the FMSS MAS contracts program
is optional for the acquisition of services and support related to the
implementation of that package until the previous non-MAS contract
expires.
(b) Use of the FMSS MAS contracts program by Federal agencies that
are not executive agencies is optional and is subject to the FMSS
contractor accepting the order.
(c) An executive agency shall obtain a waiver from GSA if it
determines that its requirements for financial management systems
software cannot be satisfied through use of the FMSS MAS contracts
program.
(1) The request for a waiver shall contain the following
information--
(i) A description of the agency's requirements;
(ii) The reasons the FMSS MAS contracts program does not satisfy
the requirements; and
(iii) A description of how the agency proposes to satisfy its needs
for financial management system software.
(2) Agencies shall send waiver requests to GSA at the address in
8.901(b).
8.904 Procedures.
(a) The contracting officer shall announce the agency's
requirements in a letter of interest (LOI) to all contractors
participating in the FMSS MAS contracts program.
(b) At the time of issuance, the contracting officer shall provide
a copy of the LOI to--
(1) GSA at the address in 8.901(b);
(2) OMB at: Office of Federal Financial Management, Federal
Financial Systems Branch, Office of Management and Budget, 725 17th
Street, NW, Washington, DC 20503; and
(3) Department of Treasury at: Division of Financial Management,
Financial Management Service, Department of the Treasury, PG Center #2,
Room 800A, Hyattsville, MD 20782.
(c) The LOI shall--
(1) Contain sufficient information to enable a competitive
acquisition under the FMSS MAS contracts program;
(2) Include instructions to the FMSS MAS contractors for responding
to the LOI; and
(3) Include evaluation and award factors.
(d) The agency shall conduct an analysis of the offerings of the
FMSS MAS contractors and issue a delivery order to the contractor that
provides the most advantageous alternative to the Government.
(e) The contracting officer may issue single or multiple delivery
orders to satisfy the total requirement.
(f) The contracting officer shall provide a copy of each delivery
order, or modification thereto, to OMB and the Department of Treasury
at the address shown in paragraph (b) of this section and to GSA at the
address in 8.901(b).
PART 9--CONTRACTOR QUALIFICATIONS
8. Section 9.508(e) is revised to read as follows:
9.508 Examples.
* * * * *
(e) Before an acquisition for information technology is conducted,
Company A is awarded a contract to prepare data system specifications
and equipment performance criteria to be used as the basis for the
equipment competition. Since the specifications are the basis for
selection of commercial hardware, a potential conflict of interest
exists. Company A should be excluded from the initial follow-on
information technology hardware acquisition.
* * * * *
PART 12--ACQUISITION OF COMMERCIAL ITEMS
9. Section 12.603(c)(2)(xiii) is revised to read as follows:
12.603 Streamlined solicitation for commercial items.
* * * * *
(c) * * *
(2) * * *
(xiii) A statement regarding any additional contract requirement(s)
or terms and conditions (such as contract financing arrangements or
warranty requirements) determined by the contracting officer to be
necessary for this acquisition and consistent with customary commercial
practices.
* * * * *
PART 13--SIMPLIFIED ACQUISITION PROCEDURES
13.103 [Amended]
10. Section 13.103 is amended by removing ``GSA Nonmandatory
Schedule Contracts for FIP Resources,'' in paragraph (a).
11. Section 13.202(c)(3) is revised to read as follows:
13.202 Establishment of blanket purchase agreements (BPA's).
* * * * *
(c) * * *
(3) Federal Supply Schedule contractors if not inconsistent with
the terms of the applicable schedule contract.
PART 15--CONTRACTING BY NEGOTIATION
15.805-1 [Amended]
12. Section 15.805-1(d) is amended in the sixth sentence by
removing ``the FIRMR'', and by removing ``regulatory'' and inserting
``regulations'' in its place.
PART 16--TYPES OF CONTRACTS
13. Section 16.500 is amended by revising the fourth and fifth
sentences to read as follows:
16.500 Scope of subpart.
* * * Therefore, GSA regulations and the coverage for the Federal
Supply Schedule program in subpart 8.4 and part 38 take precedence over
this subpart. This subpart may be used to acquire information
technology requirements that are not satisfied
under the Federal Supply Schedule
program. * * *
PART 17--SPECIAL CONTRACTING METHODS
14. Section 17.200 is revised to read as follows:
17.200 Scope of subpart.
This subpart prescribes policies and procedures for the use of
option solicitation provisions and contract clauses. Except as provided
in agency regulations, this subpart does not apply to contracts for (a)
services involving the construction, alteration, or repair (including
dredging, excavating, and painting) of buildings, bridges, roads, or
other kinds of real property; (b) architect-engineer services; and (c)
research and development services. However, it does not preclude the
use of options in those contracts.
15. Section 17.204(e) is amended by removing the last sentence and
adding in its place two new sentences to read as follows:
[[Page 41470]]
17.204 Contracts.
* * * * *
(e) * * * These limitations do not apply to information technology
contracts. However, statutes applicable to various classes of
contracts, for example, the Service Contract Act (see 22.1002-1), may
place additional restrictions on the length of contracts.
* * * * *
PART 19--SMALL BUSINESS PROGRAMS
16. Subsection 19.502-1 is amended by revising the last sentence to
read as follows:
19.502-1 Requirements for setting aside acquisitions.
* * * This requirement does not apply to purchases of $2,500 or
less, or purchases from required sources of supply under Part 8 (e.g.,
Federal Prison Industries, Committee for Purchase from People Who are
Blind or Severely Disabled, and Federal Supply Schedule contracts).
PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS
22.1006 [Amended]
17. Section 22.1006(e)(1) is amended by removing the acronym
``ADP'' and inserting ``information technology'' in its place.
PART 32--CONTRACT FINANCING
18. Section 32.602(h) is revised to read as follows:
32.602 General.
* * * * *
(h) Reimbursement of costs, as provided in 33.102(b) and
33.104(h)(1), paid by the Government where a postaward protest is
sustained as a result of an awardee's misstatement, misrepresentation,
or miscertification.
19. Section 32.603 is revised to read as follows:
32.603 Applicability.
Except as otherwise specified, this subpart applies to all debts to
the Government arising in connection with contracts and subcontracts
for the acquisition of supplies or services, and debts arising from the
Government's payment of costs, as provided in 33.102(b) and
33.104(h)(1), where a postaward protest is sustained as a result of an
awardee's misstatement, misrepresentation, or miscertification.
PART 33--PROTESTS, DISPUTES, AND APPEALS
20. Section 33.102 is amended by revising the first sentence of
paragraph (a); in (b)(3)(i) by removing ``or GSBCA''; in (c) by
removing ``or GSBCA'' and by removing ``90 working'' and inserting
``100'' in its place; and by revising (e). The revised text reads as
follows:
33.102 General.
(a) Contracting officers shall consider all protests and seek legal
advice, whether protests are submitted before or after award and
whether filed directly with the agency or the General Accounting Office
(GAO). * * *
* * * * *
(e) An interested party wishing to protest is encouraged to seek
resolution within the agency (see 33.103) before filing a protest with
the GAO, but may protest to the GAO in accordance with GAO regulations
(4 CFR part 21).
33.104 [Amended]-
21. Section 33.104 is amended in paragraph (a)(3)(i) introductory
text by removing ``35'' and inserting ``30'' in its place, and in
paragraph (f) by removing ``125'' and inserting ``100'' in its place.
33.105 [Reserved]-
22. Section 33.105 is removed and reserved.
PART 34--MAJOR SYSTEM ACQUISITION
34.001 [Amended]-
23. Section 34.001 is amended by removing the definition for
``Major system''.
PART 37--SERVICE CONTRACTING-
24. Section 37.202(a) is revised to read as follows:
37.202 Exclusions.
* * * * *
(a) Routine information technology services unless they are an
integral part of a contract for the acquisition of advisory and
assistance services.
* * * * *
PART 38--FEDERAL SUPPLY SCHEDULE CONTRACTING
38.000 [Amended]
25. Section 38.000 is amended by removing the second sentence. -
26. Part 39 is revised to read as follows:
PART 39--ACQUISITION OF INFORMATION TECHNOLOGY
Sec.
39.000 Scope of part.
39.001 Applicability.
39.002 Definitions.
Subpart 39.1--General
39.101 Policy.
39.102 Management of risk.
39.103 [Reserved]
39.104 [Reserved]
39.105 Privacy.
39.106 Contract clause.
39.000 Scope of part.-
This part prescribes acquisition policies and procedures for use in
acquiring information technology consistent with other parts of this
chapter and OMB Circular No. A-130, Management of Federal Information
Resources.
39.001 Applicability.-
This part applies to the acquisition of information technology by
or for the use of agencies except for acquisitions of information
technology for national security systems. However, acquisitions of
information technology for national security systems shall be conducted
in accordance with 40 U.S.C. 1412 with regard to requirements for
performance and results-based management; the role of the agency Chief
Information Officer in acquisitions; and accountability. These
requirements are addressed in OMB Circular No. A-130.
39.002 Definitions.-
National security system, as used in this part, means any
telecommunications or information system operated by the United States
Government, the function, operation, or use of which---
(a) Involves intelligence activities;-
(b) Involves cryptologic activities related to national security;-
(c) Involves command and control of military forces;-
(d) Involves equipment that is an integral part of a weapon or
weapons system; or-
(e) Is critical to the direct fulfillment of military or
intelligence missions. This does not include a system that is to be
used for routine administrative and business applications, such as
payroll, finance, logistics, and personnel management applications.
Subpart 39.1--General
39.101 Policy.-
In acquiring information technology, agencies shall identify their
requirements pursuant to OMB Circular A-130, including consideration of
[[Page 41471]]
security of resources, protection of privacy, national security and
emergency preparedness, accommodations for individuals with
disabilities, and energy efficiency. When developing an acquisition
strategy, contracting officers should consider the rapidly changing
nature of information technology through market research (see part 10)
and the application of technology refreshment techniques.
39.102 Management of risk.-
(a) Prior to entering into a contract for information technology,
an agency should analyze risks, benefits, and costs. (See part 7 for
additional information regarding requirements definition.) Reasonable
risk taking is appropriate as long as risks are controlled and
mitigated. Contracting and program office officials are jointly
responsible for assessing, monitoring and controlling risk when
selecting projects for investment and during program implementation. -
(b) Types of risk may include schedule risk, risk of technical
obsolescence, cost risk, risk implicit in a particular contract type,
technical feasibility, dependencies between a new project and other
projects or systems, the number of simultaneous high risk projects to
be monitored, funding availability, and program management risk.-
(c) Appropriate techniques should be applied to manage and mitigate
risk during the acquisition of information technology. Techniques
include, but are not limited to: prudent project management; use of
modular contracting; thorough acquisition planning tied to budget
planning by the program, finance and contracting offices; continuous
collection and evaluation of risk-based assessment data; prototyping
prior to implementation; post implementation reviews to determine
actual project cost, benefits and returns; and focusing on risks and
returns using quantifiable measures.
39.103-39.104 [Reserved]
39.105 Privacy.-
Agencies shall ensure that contracts for information technology
address protection of privacy in accordance with the Privacy Act (5
U.S.C. 552a) and part 24. In addition, each agency shall ensure that
contracts for the design, development, or operation of a system of
records using commercial information technology services or information
technology support services include the following:-
(a) Agency rules of conduct that the contractor and the
contractor's employees shall be required to follow.-
(b) A list of the anticipated threats and hazards that the
contractor must guard against.-
(c) A description of the safeguards that the contractor must
specifically provide.-
(d) Requirements for a program of Government inspection during
performance of the contract that will ensure the continued efficacy and
efficiency of safeguards and the discovery and countering of new
threats and hazards.
39.106 Contract clause.-
The contracting officer shall insert a clause substantially the
same as the clause at 52.239-1, Privacy or Security Safeguards, in
solicitations and contracts for information technology which require
security of information technology, and/or are for the design,
development, or operation of a system of records using commercial
information technology services or support services.
PART 45--GOVERNMENT PROPERTY
45.608-1 [Amended]-
27. Section 45.608-1 is amended in Table 45-1 under the Screening
Category ``Special Items'' by removing in the second column ``Automatic
data processing equipment.'', and in the third column by removing
``(see 45.608-5(d))'' and revising ``(see 45.608-5(e))'' to read ``(see
45.608-5(d))''.
45.608-5 [Amended]-
28. Section 45.608-5 is amended by removing paragraph (d) and by
redesignating paragraph (e) as (d).
PART 46--QUALITY ASSURANCE-
29. Section 46.801 is amended by revising the first sentence of
paragraph (a) to read as follows:
46.801 Applicability.-
(a) This subpart applies to contracts other than those for (1)
information technology, including telecommunications, (2) construction,
(3) architect-engineer services, and (4) maintenance and rehabilitation
of real property. * * *
* * * * *
PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS-
30. Section 51.103(c) is revised to read as follows:
51.103 Ordering from Government supply sources.
* * * * *
(c) Contractors placing orders under indefinite delivery contracts
issued by GSA for automatic data processing equipment, software and
maintenance, communications equipment and supplies, and teleprocessing
services shall follow the terms of the applicable contract and the
procedures in 51.103(a)(1) and (2).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES-
31. Section 52.212-5 is amended by revising the clause date; by
removing from paragraph (a)(2) ``and 40 U.S.C. 759'' and from the
introductory text of paragraph (b) ``and FIRMR''; and by revising
(b)(16) and (17) to read as follows:
52.212-5 Contract terms and conditions required to implement statutes
or executive orders--commercial items.
* * * * *
Contract Terms and Conditions Required To Implement Statutes or
Executive Orders-Commercial Items (Aug. 1996)
* * * * *--
(b) * * *--
______ (16) 52.239-1, Privacy or Security Safeguards (5 U.S.C.
552a).-
______ (17) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (46 U.S.C. 1241).
* * * * *
(End of clause)
32. Section 52.222-48 is amended by revising the section heading,
the clause heading and date, and by removing from paragraph (a)(2)
``ADP'' and inserting ``information technology'' in its place. The
revised text reads as follows:
52.222-48 Exemption from Application of Service Contract Act
Provisions for Contracts for Maintenance, Calibration, and/or Repair of
Certain Information Technology, Scientific and Medical and/or Office
and Business Equipment--Contractor Certification.
* * * * *
Exemption From Application of Service Contract Act Provisions For
Contracts For Maintenance, Calibration, and/or Repair of Certain
Information Technology, Scientific and Medical and/or Office and
Business Equipment--Contractor Certification (Aug. 1996)
* * * * *
(End of clause)-
33. Section 52.233-2 is revised to read as follows:
52.233-2 Service of Protest.-
As prescribed in 33.106(a), insert the following provision:
[[Page 41472]]
Service of Protest (Aug. 1996)-
(a) Protests, as defined in section 33.101 of the Federal
Acquisition Regulation, that are filed directly with an agency, and
copies of any protests that are filed with the General Accounting
Office (GAO), shall be served on the Contracting Officer (addressed
as follows) by obtaining written and dated acknowledgment of receipt
from ______. [Contracting Officer designate the official or location
where a protest may be served on the Contracting Officer.]-
(b) The copy of any protest shall be received in the office
designated above within one day of filing a protest with the GAO.
(End of provision)
-34. Section 52.233-3 is amended by revising the clause date and
the first sentence of paragraph (f) to read as follows:
52.233-3 Protest after Award.
* * * * *
Protest After Award (Aug. 1996)
* * * * *-
(f) If, as the result of the Contractor's intentional or
negligent misstatement, misrepresentation, or miscertification, a
protest related to this contract is sustained, and the Government
pays costs, as provided in FAR 33.102(b)(2) or 33.104(h)(1), the
Government may require the Contractor to reimburse the Government
the amount of such costs. * * *
(End of clause)
* * * * *-
35. Section 52.239-1 is added to read as follows:
52.239-1 Privacy or Security Safeguards.-
As prescribed in 39.106, insert a clause substantially the same as
the following:
Privacy or Security Safeguards (Aug. 1996)-
(a) The Contractor shall not publish or disclose in any manner,
without the Contracting Officer's written consent, the details of
any safeguards either designed or developed by the Contractor under
this contract or otherwise provided by the Government.-
(b) To the extent required to carry out a program of inspection
to safeguard against threats and hazards to the security, integrity,
and confidentiality of Government data, the Contractor shall afford
the Government access to the Contractor's facilities, installations,
technical capabilities, operations, documentation, records, and
databases.-
(c) If new or unanticipated threats or hazards are discovered by
either the Government or the Contractor, or if existing safeguards
have ceased to function, the discoverer shall immediately bring the
situation to the attention of the other party.
(End of clause)
PART 53-FORMS-
36. Section 53.245(a) is amended by revising the last sentence to
read as follows:
53.245 Government property.-
* * * * *
(a) * * * (See 45.608-2(b)(2) and 45.608-8.)
* * * * *
[FR Doc. 96-20187 Filed 8-7-96; 8:45 am]
BILLING CODE 6820-EP-P