[Federal Register Volume 64, Number 247 (Monday, December 27, 1999)]
[Rules and Regulations]
[Pages 72451-72453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-33441]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1


Federal Acquisition Regulation; Small Entity Compliance Guide

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

ACTION: Small Entity Compliance Guide.

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SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the 
Administrator for the National Aeronautics and Space Administration. 
This Small Entity Compliance Guide has been prepared in accordance with 
Section 212 of the Small Business Regulatory Enforcement Fairness Act 
of 1996 (Public Law 104-121). It consists of a summary of rules 
appearing in Federal Acquisition Circular (FAC) 97-15 which amend the 
FAR. The rules marked with an asterisk (*) indicate that a regulatory 
flexibility analysis has been prepared in accordance with 5 U.S.C. 604. 
Interested parties may obtain further information regarding these rules 
by referring to FAC 97-15 which precedes this document. These documents 
are also available via the Internet at http://www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT: Laurie Duarte, FAR Secretariat, (202) 
501-4225. For clarification of content, contact the analyst whose name 
appears in the table below.

[[Page 72452]]



                       List of Rules in FAC 97-15
------------------------------------------------------------------------
      Item                  Subject            FAR case      Analyst
------------------------------------------------------------------------
I                 Pollution Control and          97-033  Linfield
                   Clean Air and Water.
II                Foreign Acquisition (Part      97-024  Linfield
                   25 Rewrite).
III               * Contract Bundling          1997-306  De Stefano
                   (Interim).                  (97-306)
IV                Deobligation Authority....     99-015  Klein
V                 Transition of the              99-602  Nelson
                   Financial Management
                   System Software Program.
VI                Document Availability.....     99-018  Moss
VII               SBA's 8(a) Business            98-011  Moss
                   Development Program.
VIII              Special Simplified             99-304  Moss
                   Procedures for 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             99-600  O'Neill
                   Qualified Workers--
                   Commercial Items.
------------------------------------------------------------------------

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 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.

[[Page 72453]]

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.

    Dated: December 20, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 99-33441 Filed 12-23-99; 8:45 am]
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