[Federal Register Volume 64, Number 143 (Tuesday, July 27, 1999)]
[Proposed Rules]
[Page 40694]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-19097]



[[Page 40693]]

_______________________________________________________________________

Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Parts 2 and 52



Federal Acquisition Regulation; Commercial Items--Nongovernmental 
Purposes; Proposed Rule

  Federal Register / Vol. 64, No. 143 / Tuesday, July 27, 1999 / 
Proposed Rules  

[[Page 40694]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2 and 52

[FAR Case 98-304]
RIN 9000-AI41


Federal Acquisition Regulation; Commercial Items--Nongovernmental 
Purposes

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to implement Section 803(a)(2)(D) of the 
Strom Thurmond National Defense Authorization Act for Fiscal Year 1999 
by revising the definition of ``commercial item'' to provide specific 
guidance on the meaning and appropriate application of the term 
``purposes other than government purposes'' at 41 U.S.C. 403(12)(A).

DATES: Comments should be submitted on or before September 27, 1999 to 
be considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVRS), 1800 F Street, 
NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405.
    Address e-mail comments submitted via the Internet to: farcase.98-
[email protected].
    Please cite FAR case 98-304 in all correspondence related to this 
case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, at (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 FAR case 98-304.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule amends the definition of ``commercial item'' at 
FAR 2.101 and the definition in the clause at FAR 52.202-1, DEFINITION, 
to provide specific guidance on the meaning and appropriate application 
of the term ``purposes other than government purposes'' at 41 U.S.C. 
403(12)(A). This change implements Section 803(a)(2)(D) of the Strom 
Thurmond National Defense Authorization Act for Fiscal Year 1999 (Pub. 
L. 105-261). Section 803(a)(2)(D), effective upon enactment, requires 
that the FAR be revised to provide this specific guidance.
    This rule was not subject to Office of Management and Budget review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

B. Regulatory Flexibility Act

    This proposed rule is not expected to have a significant economic 
impact on a substantial number of small entities within the meaning of 
the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because the rule 
merely clarifies existing language and does not change existing policy. 
An Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. Comments are invited from small businesses and other 
interested parties. Comments from small entities concerning the 
affected FAR subparts will be considered in accordance with 5 U.S.C. 
610. Interested parties must submit such comments separately and should 
cite 5 U.S.C. 601, et seq. (FAR case 98-304), 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 2 and 52

    Government procurement.

    Dated: July 22, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, it is proposed that 48 CFR parts 2 and 52 be amended as 
set forth below:
    1. The authority citation for 48 CFR parts 2 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).

    2. In section 2.101(b), revise paragraph (a) of the definition 
``Commercial item'' to read as follows:

PART 2--DEFINITION OF WORDS AND TERMS


2.101  Definitions.

* * * * *
    (b) * * *
* * * * *
    Commercial item means--
    (a) Any item, other than real property, that--
    (1) Has been sold, leased, or licensed to the general public (or 
has been offered for sale, lease, or license to the general public, 
with a likelihood that the offer will be accepted within a reasonable 
time); and
    (2) Is of a type customarily used by the general public for 
purposes other than the performance of work for a Government entity.
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. In section 52.202-1, revise the date of the clause and paragraph 
(c)(1) to read as follows:


52.202-1  Definitions.

* * * * *

Definitions (Date)

* * * * *
    (c) Commercial item means--
    (1) Any item, other than real property, that--
    (i) Has been sold, leased, or licensed to the general public (or 
has been offered for sale, lease, or license to the general public, 
with a likelihood that the offer will be accepted within a 
reasonable time); and
    (ii) Is of a type customarily used by the general public for 
purposes other than the performance of work for a Government entity.
* * * * *
[FR Doc. 99-19097 Filed 7-26-99; 8:45 am]
BILLING CODE 6820-EP-P