[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Rules and Regulations]
[Pages 69298-69299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32813]


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DEPARTMENT OF DEFENSE
48 CFR Chapter 1


Federal Acquisition Regulation; Small Entity Compliance Guide

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

ACTION: Small entity compliance guide notice.

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SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the 
Administrator for the National Aeronautics and Space Administration as 
the Federal Acquisition Regulation (FAR) Council. This Small Entity 
Compliance Guide has been prepared in accordance with Section 212 of 
the Small Business Regulatory Enforcement Fairness Act of 1996 (Public 
Law 104-121). It consists of a summary of rules appearing in Federal 
Acquisition Circular (FAC) 90-44 which amend the FAR. None of the rules 
had a Final Regulatory Flexibility Analysis prepared in accordance with 
5 U.S.C. 604. Further information regarding these rules may be obtained 
by referring to FAC 90-44 which precedes this notice. This document may 
be obtained from the Internet at http://www.gsa.gov/far/SECG.

FOR FURTHER INFORMATION CONTACT:
Beverly Fayson, FAR Secretariat, (202) 501-4755.

SUPPLEMENTARY INFORMATION:

                                           List of Rules in FAC 90-44                                           
----------------------------------------------------------------------------------------------------------------
                  Item                               Subject               FAR case             Analyst         
----------------------------------------------------------------------------------------------------------------
I......................................  Automatic Data Processing            96-010  Olson.                    
                                          Equipment Leasing Costs                                               
                                          (Interim).                                                            
II.....................................  Major System Definition.......       96-322  O'Neill.                  
III....................................  Preaward Debriefings..........       96-304  DeStefano.                
IV.....................................  Certification Requirements--         96-311  DeStefano.                
                                          Drug-Free Workplace.                                                  
V......................................  Consideration of Late Offers..       95-019  DeStefano.                
VI.....................................  Foreign Differential Pay             96-012  Olson.                    
                                          (Interim).                                                            
VII....................................  Final Indirect Cost Rates.....       95-018  Klein.                    
VIII...................................  Modification of Existing             96-606  DeStefano.                
                                          Contracts (Interim).                                                  
----------------------------------------------------------------------------------------------------------------

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

    This interim rule deletes the cost principle at 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 
(Public Law 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 (Public Law 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

[[Page 69299]]

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 (1) permitting, with certain restrictions, contractor use 
of billing rates contained in certified final indirect cost rate 
proposal; (2) 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 proposals; and 
(3) establishing a timeframe for contractor submission of final 
invoices or vouchers.

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

    This interim rule is issued pursuant to the Clinger-Cohen Act of 
1996 (Pub. L. 104-106) to amend the Federal Acquisition Regulation. It 
implements Section 4402(d) and (e) which authorizes regulations to 
provide for modification of existing contracts without requiring 
consideration, upon request of the contractor, to incorporate changes 
authorized by the Act.

    Dated: September 19, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-32813 Filed 12-30-96; 8:45 am]
BILLING CODE 6820-EP-M