[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Rules and Regulations]
[Pages 69286-69287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32804]



[[Page 69285]]

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Part III

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Ch. I



Federal Acquisition Regulations; Final Rule

  Federal Register / Vol. 61, No. 252 / Tuesday, December 31, 1996 / 
Rules and Regulations  

[[Page 69286]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1


Federal Acquisition Circular 90-44; Introduction

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 summarizes the Federal Acquisition Regulation 
(FAR) rules issued by the FAR Council in this Federal Acquisition 
Circular (FAC) 90-44. Each rule follows this document in the order 
listed below. A companion document, the Small Entity Compliance Guide, 
follows this FAC and may be located on the internet at http://
www.gsa.gov/far/compliance.

DATES: For effective dates and comment dates, see separate documents 
which follow.

FOR FURTHER INFORMATION CONTACT:
The analyst whose name appears (in the table below) in relation to each 
FAR case or subject area. For general information, contact Beverly 
Fayson, Room 4037, GS Building, Washington, DC 20405, (202) 501-4755. 
Please cite FAC 90-44 and specific FAR case number(s).

SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-44 amends 
the Federal Acquisition Regulation (FAR) as specified below:


------------------------------------------------------------------------
     Item            Subject           FAR case            Analyst      
------------------------------------------------------------------------
I............  Automatic Data               96-010  Olson               
                Processing                                              
                Equipment Leasing                                       
                Costs (Interim).                                        
II...........  Major System                 96-322  O'Neill             
                Definition.                                             
III..........  Preaward                     96-304  DeStefano           
                Debriefings.                                            
IV...........  Certification                96-311  DeStefano           
                Requirements--Drug-                                     
                Free Workplace.                                         
V............  Consideration of             95-019  DeStefano           
                Late Offers.                                            
VI...........  Foreign                      96-012  Olson               
                Differential Pay                                        
                (Interim).                                              
VII..........  Final Indirect Cost          95-018  Klein               
                Rates.                                                  
VIII.........  Modification of              96-606  DeStefano           
                Existing Contracts                                      
                (Interim).                                              
------------------------------------------------------------------------

Item I--Automatic Data Processing Equipment Leasing Costs (FAR Case 
96-010)

    This interim rule deletes the cost principle at FAR 31.205-2, 
Automatic Data Processing Equipment (ADPE) Leasing Costs, the ADPE 
definition at 31.001, and references to the term ADPE found elsewhere 
in Part 31.

Item II--Major System Definition (FAR Case 96-322)

    This final rule amends the definition of ``major system'' at FAR 
2.101 to increase the dollar thresholds applicable to the Department of 
Defense. The rule implements 10 U.S.C. 2302(5) as amended by Section 
805 of the National Defense Authorization Act for Fiscal Year 1997 
(Pub. L. 104-201).

Item III--Preaward Debriefings (FAR Case 96-304)

    This final rule revises FAR Subpart 15.10 to implement Section 4104 
of the Clinger-Cohen Act of 1996 (Pub. L. 104-106). Section 4104 
requires that, prior to contract award, contracting officers provide a 
debriefing to any interested offeror on the reasons for that offeror's 
exclusion from the competitive range in a competitive negotiation.

Item IV--Certification Requirements--Drug-Free Workplace (FAR Case 
96-311)

    This final rule amends FAR Parts 9, 13, 23, and 52 to delete the 
requirement for an offeror to provide a certification regarding a drug-
free workplace. The rule implements Section 4301(a)(3) of the Clinger-
Cohen Act of 1996 (Pub. L. 104-106).

Item V--Consideration of Late Offers (FAR Case 95-019)

    This final rule amends the late bid rule to allow an offer to be 
accepted if the late receipt was due primarily to Government 
mishandling after receipt at the Government installation. The rule 
recognizes the use of hand-carried offers (including delivery by a 
commercial carrier) as a common business practice and provides 
flexibility in determining when an offer (bid or proposal) was received 
at the Government activity, by applying standards used by the General 
Accounting Office. The rule also expands the definition of acceptable 
evidence to support acceptance of a late offer and adds a new exception 
at 52.215-10(a)(5) and 52.215-36(a)(3) which allows consideration of a 
proposal that was misdirected or misdelivered (not necessarily through 
mishandling) to an office other than that designated for receipt of 
offers in the solicitation. These changes do not apply to commercial 
item solicitations which contain the provision at 52.212-1(f), Late 
Offers.

Item VI--Foreign Differential Pay (FAR Case 96-012)

    This interim rule deletes the prohibition at FAR 31.205-6(e)(2) on 
the calculation of foreign differential pay based directly on an 
employee's specific increase in income taxes resulting from assignment 
overseas.

Item VII--Final Indirect Cost Rates (FAR Case 95-018)

    This final rule amends FAR Subpart 42.7 and Part 52 to improve 
procedures for providing payments to contractors under cost-type 
contracts by permitting, with certain restrictions, contractor use of 
billing rates contained in certified final indirect cost rate 
proposals, providing for Government release of 75 to 90 percent of all 
fee withholds under physically completed contracts, after receipt of 
the contractor's certified final indirect cost rate proposal, and 
establishing a timeframe for contractor submission of final invoices or 
vouchers.

Item VIII--Modification of Existing Contracts (FAR Case 96-606)

    This interim rule amends FAR 43.102 to provide for modification of 
existing contracts without requiring consideration, upon request of the 
contractor, to incorporate changes authorized by the Clinger-Cohen Act 
of 1996 (Pub. L. 104-106).

    Dated: December 19, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Federal Acquisition Circular

FAC 90-44

    Federal Acquisition Circular (FAC) 90-44 is issued under the 
authority of the Secretary of Defense, the

[[Page 69287]]

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 90-44 is effective 
December 31, 1996 except the following items:
    Items III, IV, and VIII, January 1, 1997; and
    Items V and VII, March 3, 1997.

    Dated: December 19, 1996.
Roland A. Hassebrock,
Col., USAF Acting Director, Defense Procurement.

    Dated: December 18, 1996.
Ida M. Ustad,
Deputy Associate Administrator, Office of Acquisition Policy, General 
Services Administration.

    Dated: December 19, 1996.
Tom Luedtke,
Deputy Associate Administrator for Procurement, National Aeronautics 
and Space Administration.
[FR Doc. 96-32804 Filed 12-30-96; 8:45 am]
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