[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72414-72415]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33429]



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Part IV

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Chapter 1 et al.



Civilian Agency Acquisition Council and Defense Acquisition Regulations 
Council: Federal Acquisition Regulations; Rules

  Federal Register / Vol. 64, No. 247 / Monday, December 27, 1999 / 
Rules and Regulations  

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1


Federal Acquisition Circular 97-15; 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) 97-15. A companion document, the Small Entity Compliance 
Guide (SECG), follows this FAC. The FAC, including the SECG, is 
available via 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 97-15 and 
specific FAR case number(s). Interested parties may also visit our 
website at http://www.arnet.gov/far.

----------------------------------------------------------------------------------------------------------------
             Item                           Subject                 FAR case                Analyst
----------------------------------------------------------------------------------------------------------------
I............................  Pollution Control and Clean Air         97-033  Linfield
                                and Water.
I............................  Foreign Acquisition (Part 25            97-024  Linfield
                                Rewrite).
III..........................  Contract Bundling (Interim)......     1997-306  De Stefano
                                                                     (97-306)
IV...........................  Deobligation Authority...........       99-015  Klein
V............................  Transition of the Financial             99-602  Nelson
                                Management System Software
                                Program.
VI...........................  Document Availability............       99-018  Moss
VII..........................  SBA's 8(a) Business Development         98-011  Moss
                                Program.
VIII.........................  Special Simplified Procedures for       99-304  Moss
                                Purchases of Commercial Items in
                                Excess of the Simplified
                                Acquisition Threshold.
IX...........................  Review of Award Fee                     98-017  De Stefano
                                Determinations (Burnside-Ott).
X............................  Nondisplacement of Qualified            99-600  O'Neill
                                Workers--Commercial Items.
XI...........................  Technical Amendments.............
----------------------------------------------------------------------------------------------------------------

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 97-15 amends the FAR as specified 
below:

Item I--Pollution Control and Clean Air and Water (FAR Case 97-033)

    This final rule amends the FAR to remove Subpart 23.1, Pollution 
Control and Clear Air and Water; the provision at 52.223-1, Clean Air 
and Water Certification; and the clause at 52.223-2, Clean Air and 
Water. This amendment eliminates the burden on offerors to certify that 
they do not propose to use a facility for performance of the contract 
that is on the Environmental Protection Agency's (EPA) ``List of 
Violating Facilities.'' Contracting officers will use the ``GSA List of 
Parties Excluded from Federal Procurement and Nonprocurement Programs'' 
(GSA List) to ensure that they do not award contracts to ineligible 
offerors. Excluded parties whose ineligibility is limited by reason of 
a Clean Air Act (CAA) or Clean Water Act (CWA) conviction are 
identified by the facility and conviction listing, the Cause and 
Treatment Code ``H'' annotation, in the GSA List. Internet access to 
the GSA List is available at http://www.epls.arnet.gov. These FAR 
changes do not change long-standing policy that a contracting officer 
cannot award a contract if performance of the contract would be at a 
facility convicted of a CAA or CWA violation unless the EPA has 
certified that the facility has corrected the cause giving rise to the 
conviction.

Item II--Foreign Acquisition (Part 25 Rewrite) (FAR Case 97-024)

    This final rule amends FAR Parts 1, 2, 5, 6, 9, 12, 13, 14, 15, 17, 
25, 36, and 52 to clarify policies and procedures concerning foreign 
acquisition and to rewrite Part 25 in plain language.

Item III--Contract Bundling (FAR Case 1997-306) (97-306)

    This interim rule amends the FAR to implement Sections 411-417 of 
the Small Business Reauthorization Act of 1997. Sections 411-417 amend 
Title 15 of the U.S.C. to define ``contract bundling,'' and to require 
agencies to avoid unnecessary bundling that precludes small business 
participation in the performance of Federal contracts.

Item IV--Deobligation Authority (FAR Case 99-015)

    This final rule revises FAR 4.804-5 and 42.302 to establish 
deobligation of excess funds as one of the contract administration 
functions normally delegated to the contract administration office. In 
addition, the rule includes editorial revisions for plain language 
purposes.

Item V--Transition of the Financial Management System Software 
Program (FAR Case 99-602)

    This final rule amends the FAR to delete Subpart 8.9, Financial 
Management Systems Software Mandatory Multiple Award Schedules 
Contracts Program.

Item VI--Document Availability (FAR Case 99-018)

    This final rule amends the Federal Acquisition Regulation (FAR) at 
11.201(d) and 52.211-2 to update how the public may obtain Department 
of Defense specifications and standards.

Item VII--SBA's 8(a) Business Development Program (FAR Case 98-011)

    The interim rule published as Item III of FAC 97-12 is converted to 
a final rule without changes. The rule implements changes made in the 
Small Business Administration's 8(a) Business Development (8(a)BD) 
Program regulation, contained in 13 CFR Parts 121, 124, and 134, 
regarding the eligibility procedures for admission to

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the 8(a)BD and contractual assistance programs.

VIII--Special Simplified Procedures for Purchases of Commercial 
Items in Excess of the Simplified Acquisition Threshold (FAR Case 
99-304)

    This final rule amends FAR Subpart 13.5 to implement Section 806 of 
the National Defense Authorization Act for Fiscal Year 2000 (Pub. L. 
106-65). Section 806 amends Section 4202(e) of the Clinger-Cohen Act of 
1996 (Divisions D and E of Pub. L. 104-106; 110 Stat. 654; 10 U.S.C. 
2304 note) to extend, through January 1, 2002, the expiration of the 
test of special simplified procedures for purchases of commercial items 
greater than the simplified acquisition threshold, but not exceeding 
$5,000,000.

Item IX--Review of Award Fee Determinations (Burnside-Ott) (FAR 
Case 98-017)

    This final rule amends the Federal Acquisition Regulation (FAR) to 
implement rulings of the United States Court of Appeals and the United 
States Court of Federal Claims. The rulings are that the Contract 
Disputes Act applies to all disputes arising under Government 
contracts, unless a more specific statute provides for other remedies.

Item X--Nondisplacement of Qualified Workers--Commercial Items (FAR 
Case 99-600)

    This final rule amends FAR 52.212-5(c) to add the clause entitled 
52.222-50, Nondisplacement of Qualified Workers, to the list of clauses 
that the contracting officer may incorporate by reference when 
applicable.

Item XI--Technical Amendments

    Amendments are being made at sections 2.101, 5.205, 14.201-6, 
15.208, 19.702, 32.503-6, 33.213, 36.104, 42.203, 52.215-1, 52.228-14, 
and 52.236-25 in order to update references and make editorial changes.

    Dated: December 20, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Federal Acquisition Circular (FAC) 97-15 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.
    All Federal Acquisition Regulation (FAR) changes and other 
directive material contained in FAC 97-15 are effective February 25, 
2000, except for items III, VI, VIII, and XI, which are effective 
December 27, 1999, and Item VII which is effective December 27, 1999. 
Each rule is applicable to solicitations issued on or after the rule's 
effective date.

    Dated: December 20, 1999.
R.D. Kerrins, Jr.,
COL, USA, Acting Director, Defense Procurement.

    Dated: December 20, 1999.
J. Les Davison,
Acting Deputy Associate Administrator, Office of Acquisition Policy, 
General Services Administration.

    Dated: December 16, 1999.
Tom Luedtke,
Associate Administrator for Procurement, National Aeronautics and Space 
Administration.

[FR Doc. 99-33429 Filed 12-23-99; 8:45 am]
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