[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72447-72448]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33437]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 13

[FAC 97-15; FAR Case 99-304; Item VIII]
RIN 9000-AI59


Federal Acquisition Regulation; Special Simplified Procedures for 
Purchases of Commercial Items in Excess of the Simplified Acquisition 
Threshold

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 (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to implement Section 
806 of the National Defense Authorization Act for Fiscal Year 2000 
(Pub. L. 106-65). Section 806 extends the test of the special 
simplified procedures for purchases of commercial items greater than 
the simplified acquisition threshold, but not exceeding $5,000,000, 
until January 1, 2002.

DATES: Effective Date: December 27, 1999.
    Applicability Date: The FAR, as amended by this rule, is applicable 
to solicitations issued on or after December 27, 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 97-15, FAR case 99-304.

SUPPLEMENTARY INFORMATION:

A. Background

    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

[[Page 72448]]

simplified acquisition threshold, but not exceeding $5,000,000. This 
rule also makes plain language editorial revisions.
    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

    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, the Councils will 
consider comments from small entities concerning the affected FAR 
subpart 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. (FAC 97-
15, FAR case 99-304), 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 Part 13

    Government procurement.

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

    Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth 
below:

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

    1. The authority citation for 48 CFR part 13 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. Amend section 13.500 in paragraph (b) by removing ``shall'' and 
adding ``must'' in its place; and by revising paragraph (d) to read as 
follows:


13.500  General.

* * * * *
    (d) The authority to issue solicitations under this subpart expires 
on January 1, 2002. Contracting officers may award contracts after the 
expiration of this authority for solicitations issued before the 
expiration of the authority.
    3. Amend section 13.501 in the introductory text of paragraphs 
(a)(1) and (b) by removing ``shall'' and adding ``must'' in their 
place; and by revising paragraph (a)(2)(ii) to read as follows:


13.501  Special documentation requirements.

    (a) * * *
    (2) * * *
    (ii) For a proposed contract exceeding $500,000, the competition 
advocate for the procuring activity, designated pursuant to 6.501, or 
an official described in 6.304(a)(3) or (a)(4) must approve the 
justification and approval. This authority is not delegable.
* * * * *
[FR Doc. 99-33437 Filed 12-23-99; 8:45 am]
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