[Federal Register Volume 62, Number 1 (Thursday, January 2, 1997)]
[Rules and Regulations]
[Page 256]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-33207]



[[Page 256]]

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DEPARTMENT OF DEFENSE
48 CFR Part 2

[FAC 90-45; FAR Case 96-323; Item III]
RIN 9000-AH45


Federal Acquisition Regulation; Humanitarian Operations

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

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule to amend 
the Federal Acquisition Regulation (FAR) to implement Section 807 of 
the Fiscal Year 1997 Defense Authorization Act (Public Law 104-201). 
Section 807 increases the ``simplified acquisition threshold'' for a 
humanitarian or peacekeeping operation. This regulatory action was not 
subject to Office of Management and Budget review under Executive Order 
12866, dated September 30, 1993. This is not a major rule under 5 
U.S.C. 804.

EFFECTIVE DATE: January 1, 1997.

FOR FURTHER INFORMATION CONTACT: Mr. Paul L. Linfield at (202) 501-1757 
in reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4035, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-45, FAR case 96-323.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR Part 2 to implement Section 807 of the 
Fiscal Year 1997 Defense Authorization Act (Public Law 104-201). 
Section 807 amends 10 U.S.C. 2302(7) and 41 U.S.C. 259(d) to provide 
for a simplified acquisition threshold for humanitarian or peacekeeping 
operations in an amount equal to two times that specified in section 4 
of the Office of Federal Procurement Policy Act (41 U.S.C. 403). 
Accordingly, the definition of ``simplified acquisition threshold'' at 
FAR 2.101 is amended to reflect an amount of $200,000 for contracts to 
be awarded and performed, or purchases to be made, outside the United 
States in support of a humanitarian or peacekeeping operation.

B. Regulatory Flexibility Act

    This final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, comments from small 
entities concerning the affected FAR subpart 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. (FAC 90-45, FAR case 96-323), 
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 the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 2

    Government procurement.

    Dated: December 24, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Part 2 is amended as set forth below:

PART 2--DEFINITIONS OF WORDS AND TERMS

    1. The authority citation for 48 CFR Part 2 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).

    2. Section 2.101 is amended by revising the definition for 
``Simplified acquisition threshold'' to read as follows:


2.101  Definitions.

* * * * *
    Simplified acquisition threshold means $100,000, except that in the 
case of any contract to be awarded and performed, or purchase to be 
made, outside the United States in support of a contingency operation 
(as defined in 10 U.S.C. 101(a)(13)) or a humanitarian or peacekeeping 
operation (as defined in 10 U.S.C. 2302(7) and 41 U.S.C. 259(d)), the 
term means $200,000.
* * * * *
[FR Doc. 96-33207 Filed 12-31-96; 8:45 am]
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