[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Rules and Regulations]
[Pages 34080-34081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16123]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

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.

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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 the rules appearing in 
Federal Acquisition Circular (FAC) 97-05 which amends the FAR. Further 
information regarding these rules may be obtained by referring to FAC 
97-05 which precedes this document. The FAC, including this document, 
may be obtained from the Internet at http://www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, (202) 501-4755.
SUPPLEMENTARY INFORMATION:

                                           List of Rules in FAC 97-05                                           
----------------------------------------------------------------------------------------------------------------
        Item                   Subject                           Far case                         Analyst       
----------------------------------------------------------------------------------------------------------------
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 Cost-     97-042.................................  DeStefano             
                      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 Purchases   97-301.................................  Linfield              
                      from Sudan.                                                                               
VIII                 Software Copyrights.......  97-614.................................  O'Neill               
IX                   Travel Reimbursement......  97-007.................................  Nelson                
X                    No-Cost Value Engineering   96-011.................................  Klein                 
                      Change Proposals                                                                          
                      (Interim).                                                                                
----------------------------------------------------------------------------------------------------------------

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.

[[Page 34081]]

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, 1997.

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.

    Dated: June 11, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 98-16123 Filed 6-19-98; 8:45 am]
BILLING CODE 6820-EP-P