[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Rules and Regulations]
[Page 10538]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5205]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 11 and 52

[FAC 97-11; FAR Case 98-612; Item III]
RIN 9000-AI30


Federal Acquisition Regulation; Variation in Quantity

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 remove the requirement to 
include the clause at FAR 52.211-16, Variation in Quantity, in fixed-
price solicitations and contracts that do not permit a variation in the 
quantity of supplies furnished under the contract.

EFFECTIVE DATE: May 3, 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 Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 97-11, FAR case 98-612.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR 11.703(a) to change the prescription for 
the clause at 52.211-16, Variation in Quantity. The revised 
prescription requires that the clause only be used if the contracting 
officer is authorizing a variation in the quantity of supplies to be 
furnished under fixed-price supply contracts or fixed-price service 
contracts that involve the furnishing of supplies. Currently the clause 
is required in all fixed-price supply contracts for supplies or for 
services that involve the furnishing of supplies. Where variations are 
not permitted, the clause is used with a ``0%'' permissible variation.
    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 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 should cite 5 U.S.C. 601, et seq. (FAC 97-11, FAR case 
98-612), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Parts 11 and 52

    Government procurement.

    Dated: February 25, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Parts 11 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR Parts 11 and 52 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).

PART 11--DESCRIBING AGENCY NEEDS

    2. Section 11.703 is amended by revising paragraph (a) to read as 
follows:


11.703  Contract clauses.

    (a) The contracting officer shall insert the clause at 52.211-16, 
Variation in Quantity, in solicitations and contracts, if authorizing a 
variation in quantity in fixed-price contracts for supplies or for 
services that involve the furnishing of supplies.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 52.211-16 is amended by revising the introductory 
paragraph to read as follows:


52.211-16  Variation in quantity.

    As prescribed in 11.703(a), insert the following clause:
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[FR Doc. 99-5205 Filed 3-3-99; 8:45 am]
BILLING CODE 6820-EP-P