[Federal Register Volume 63, Number 243 (Friday, December 18, 1998)]
[Rules and Regulations]
[Page 70282]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-33514]



[[Page 70282]]

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DEPARTMENT OF DEFENSE

General Services Administration

National Aeronautics and Space Administration

48 CFR Part 16

[FAC 97-10; FAR Case 98-016; Item II]
RIN 9000-AI18


Federal Acquisition Regulation; Limits for Indefinite-Quantity 
Contracts

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 amending 
the Federal Acquisition Regulation (FAR) to clarify guidance regarding 
how limits on indefinite-quantity contracts are expressed.

EFFECTIVE DATE: February 16, 1999.

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 Mr. Ralph DeStefano, Procurement Analyst, at (202) 
501-1758. Please cite FAC 97-10, FAR case 98-016.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR 16.504(a) to clarify that maximum and 
minimum limits for indefinite-quantity contracts may be expressed as a 
number of units or dollar value.
    This regulatory action was not subject to Office of Management and 
Budget review under Executive Order 12866, dated September 30, 1993, 
and is not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Pub. L. 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 
should cite 5 U.S.C. 601, et seq. (FAC 97-10, FAR case 98-016), 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 16

    Government procurement.

    Dated: December 14, 1998.
Ralph DeStefano,
Acting Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR part 16 is amended as set forth below:

PART 16--TYPES OF CONTRACTS

    1. The authority citation for 48 CFR part 16 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 16.504 is amended at the end of paragraph (a) by adding 
a sentence; in paragraph (a)(1) by revising the first sentence and 
adding a new second sentence; and by revising paragraph (a)(4)(ii). The 
revised text reads as follows:


16.504  Indefinite-quantity contracts.

    (a) * * * Quantity limits may be expressed in terms of numbers of 
units or as dollar values.
    (1) The contract shall require the Government to order and the 
contractor to furnish at least a stated minimum quantity of supplies or 
services. In addition, if ordered, the contractor shall furnish any 
additional quantities, not to exceed the stated maximum. * * *
* * * * *
    (4) * * *
    (ii) Specify the total minimum and maximum quantity of supplies or 
services to be acquired under the contract;
* * * * *
[FR Doc. 98-33514 Filed 12-16-98; 8:45 am]
BILLING CODE 6820-EP-P