[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Rules and Regulations]
[Pages 34058-34059]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16111]
[[Page 34057]]
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Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Chapter 1
Federal Acquisition Regulation (FAR); Final Rule
Federal Register / Vol. 63, No. 119 / Monday, June 22, 1998 / Rules
and Regulations
[[Page 34058]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 97-05; 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, and technical
amendments and corrections.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules issued by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 97-05. A companion document, the Small Entity Compliance
Guide (SECG), follows this FAC. The FAC, including the SECG, may be
located on the Internet at http://www.arnet.gov/far.
DATES: For effective dates and comment dates, see separate documents
which follow.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact the analyst whose name appears in the table below in
relation to each FAR case or subject area. Please cite FAC 97-05 and
specific FAR case number(s). Interested parties may also visit our
website at http://www.arnet.gov/far.
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Item Subject FAR case Analyst
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I............ Subcontract Consent. 95-011 Klein.
II........... Availability of 97-034 DeStefano.
Specifications.
III.......... Liquidated Damages.. 89-042/97-300 Moss.
IV........... Limits on Fee for 97-042 DeStefano.
Cost-Plus-Incentive-
Fee and Cost-Plus-
Award-Fee Contracts.
V............ Rehabilitation Act, 96-610 O'Neill.
Workers With
Disabilities
(Interim).
VI........... Trade Agreements 97-044 Linfield.
Thresholds.
VII.......... Restrictions on 97-301 Linfield.
Purchases from
Sudan.
VIII......... Software Copyrights. 97-614 O'Neill.
IX........... Travel Reimbursement 97-007 Nelson.
X............ No-Cost Value 96-011 Klein.
Engineering Change
Proposals (Interim).
XI........... Technical
Amendments.
XII.......... Availability of FAR
via Internet.
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. 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.
Federal Acquisition Circular 97-05 amends the Federal Acquisition
Regulation (FAR) as specified below:
Item I--Subcontract Consent (FAR Case 95-011)
This final rule amends FAR Parts 4, 22, 35, 36, 44, and 52 to
reduce requirements for consent to subcontract. The rule eliminates
consent requirements for contractors that have an approved purchasing
system, except when specific contracts requiring consent are identified
by the contracting officer; eliminates consent requirements for fixed-
price incentive contracts and fixed-price redeterminable contracts; and
increases, to the simplified acquisition threshold, the dollar level at
which consent requirements are included in time-and-materials, labor-
hour, and letter contracts.
Item II--Availability of Specifications (FAR Case 97-034)
This final rule amends FAR Parts 9 and 11 and the provisions at
52.211-1, 52.211-2, and 52.212-1 to update addresses and other
information regarding the availability of specifications, standards,
and item descriptions that may be cited in Government solicitations and
contracts. In addition, the rule clarifies the pricing policy regarding
specifications, standards, and commercial item descriptions issued by
GSA.
Item III--Liquidated Damages (FAR Cases 89-042 and 97-300)
This final rule amends FAR Parts 11, 19, 52, and 53 to clarify
policy on liquidated damages and commercial subcontracting plans
pertaining to requirements for subcontracting with small, small
disadvantaged, and women-owned small business concerns. The rule
implements Section 304 of the Business Opportunity Development Reform
Act of 1988 (Pub. L. 100-656) and OFPP Policy Letter 95-1,
Subcontracting Plans for Companies Supplying Commercial Items. The
interim rule published in FAC 84-50, FAR case 89-042, 54 FR 30708, July
21, 1989, has been merged with this final rule.
Item IV--Limits on Fee for Cost-Plus-Incentive-Fee and Cost-Plus-
Award-Fee Contracts (FAR Case 97-042)
This final rule amends FAR Part 16 to clarify fee limitations
pertaining to cost-reimbursement contracts. The FAR Part 15 rewrite in
FAC 97-02 eliminated non-statutory fee limitations for cost-plus-
incentive-fee and cost-plus-award-fee contracts. This final rule makes
conforming changes to FAR Part 16.
Item V--Rehabilitation Act, Workers With Disabilities (FAR Case 96-
610)
This interim rule amends FAR Subpart 22.14 and the clauses at
52.212-5 and 52.222-36 to implement revised Department of Labor
regulations regarding affirmative action to employ and advance in
employment qualified individuals with disabilities. The dollar
threshold for use of the clause at 52.222-36 has been increased from
$2,500 to $10,000.
Item VI--Trade Agreements Thresholds (FAR Case 97-044)
This final rule amends FAR Part 25 to implement revised thresholds
for application of the Trade Agreements Act and the North American Free
Trade Agreement, as published by the Office of the United States Trade
Representative in the Federal Register on January 14, 1998 (63 FR
2295).
Item VII--Restrictions on Purchases from Sudan (FAR Case 97-301)
This final rule amends FAR 25.701 and the clause at 52.225-11 to
add Sudan to the list of countries whose products are banned from
importation into the United States. This rule implements Executive
Order 13067, dated November 3, 997.
[[Page 34059]]
Item VIII--Software Copyrights (FAR Case 97-614)
This final rule amends FAR 27.405 to add contracts for certain
computer software programs to the list of examples of contracts for
special works to which the Government may obtain copyrights.
Item IX--Travel Reimbursement (FAR Case 97-007)
The interim rule published as Item IX of FAC 97-03 is converted to
a final rule without change. The rule amends FAR 31.205-46 to increase
from $25.00 to $75.00 the threshold at which contractor personnel must
provide a receipt to support travel expenditures.
Item X--No-Cost Value Engineering Change Proposals (FAR Case 96-
011)
This interim rule revises FAR 48.104-3 to clarify that no-cost
value engineering change proposals (VECPs) may be used when, in the
contracting officer's judgment, reliance on other VECP approaches
likely would not be more cost-effective, and the no-cost settlement
would provide adequate consideration to the Government.
Item XI--Technical Amendments
Amendments are being made at FAR 5.201(b)(2), 8.404(a), 31.002, and
45.607-2(b) to update references and make editorial changes.
Item XII--Availability of FAR via Internet
The FAR, along with Federal Acquisition Circulars and other
informational items, is available on the Internet at http://
www.arnet.gov/far.
Dated: June 11, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
June 22, 1998.
Federal Acquisition Circular (FAC) 97-05 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.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 97-05 are effective
August 21, 1998, except for Items V, X, and XI, which are effective
June 22, 1998.
Dated: June 11, 1998.
Eleanor R. Spector,
Director, Defense Procurement.
Dated: June 11, 1998.
Ida M. Ustad,
Deputy Associate Administrator, Office of Acquisition Policy, General
Services Administration.
Dated: June 10, 1998.
Tom Luedtke,
Deputy Associate Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 98-16111 Filed 6-19-98; 8:45 am]
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