[Federal Register Volume 65, Number 14 (Friday, January 21, 2000)]
[Rules and Regulations]
[Pages 3572-3573]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-532]



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Part IV





Department of Housing and Urban Development





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48 CFR Parts 2401 et al.



HUD Acquisition Regulation; Miscellaneous Revisions; Final Rule

  Federal Register / Vol. 65, No. 14 / Friday, January 21, 2000 / Rules 
and Regulations  

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DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

48 CFR Parts 2401, 2402, 2403, 2409, 2413, 2414, 2415, 2416, 2419, 
2424, 2425, 2426, 2428, 2432, 2433, 2436, 2437, 2439, 2442, 2446, 
2451, 2452 and 2453

[Docket No. FR-4115-F-03]
RIN 2435-AA24


HUD Acquisition Regulation; Miscellaneous Revisions

AGENCY:  Office of the Chief Procurement Officer (CPO), DHUD.

ACTION:  Final rule.

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SUMMARY:  This rule amends the Department of Housing and Urban 
Development (HUD) Acquisition Regulation (HUDAR) to implement changes 
made to the Federal Acquisition Regulation since the HUDAR's last 
issuance, and implement requirements of the Federal Acquisition Reform 
Act of 1996.

DATES:  Effective Date: February 22, 2000.

FOR FURTHER INFORMATION CONTACT:  Frederick Graves, Policy and Field 
Operations Division, Office of Procurement and Contracts (Seattle 
Outstation), U.S. Department of Housing and Urban Development, Seattle 
Federal Office Building, 909 1st Avenue, Seattle, WA 98104-1000, 
telephone (206) 220-5122 extension 3450, FAX (206) 220-5406. Persons 
with hearing or speech impairments may access that number via TTY by 
calling the Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: On August 23, 1999, at 64 FR 46092, the 
Department of Housing and Urban Development (HUD) published an interim 
rule making miscellaneous changes to the HUD Acquisition Regulation 
(HUDAR). No comments were received on the interim rule during the 60-
day public comment period. Therefore, except for several technical 
corrections discussed immediately below, the interim rule is adopted as 
final without change.
    In section 2415.304, paragraph (d)(3) is deleted in this final 
rule. The inclusion of this paragraph in the interim rule was a 
typographical error. The same text was correctly included as paragraph 
(a)(3) of section 2415.303 in the interim rule.
    Section 2415.613-72 is removed. Sections 2415.613-70 and 2415.613-
71, which dealt with HUD's alternative selection process, were removed 
in the interim rule. The related section 2415.613-72 should have been 
removed as well.
    Subpart 2415.10 is redesignated as Subpart 2415.5. The subpart 
title is unchanged. The redesignation was erroneously omitted from the 
interim rule.
    Section 2426.703 is redesignated as 2426.7003. Sections 2426.701 
and 2426.702 were redesignated 2426.7001 and 2426.7002 respectively in 
the interim rule, and section 2426.703 should have been likewise 
redesignated.
    The following sections are added to designate HUD officials to act 
on behalf of the agency head for the purposes of various sections of 
the FAR. These designations implement the relevant sections of the FAR 
cited in the new sections and were erroneously omitted from the interim 
rule: 2432.114, 2432.201, 2432.407, 2432.703-3 and 2432.903.
    Subpart 2451.3 was redesignated as 2451.70 in the interim rule. The 
title should have also been revised. The new title is included in this 
final rule.
    In Section 2452.215-70, the reference to HUDAR 2415.407(a) is 
corrected to read 2415.209(a). Section 2415.407 was redesignated as 
2415.209 in the interim rule. In the interim rule, Alternates I and II 
to 2452.215-70 were revised to reflect the change in citation, and 
their dates were changed accordingly. Therefore, the date of the basic 
provision should also be ``OCT 1999.''
    Section 2452.226-70 is revised to correct the HUDAR citation in the 
first sentence from 2426.222-703 to 2426.222-7003. This correction was 
erroneously omitted from the interim rule.

Findings and Certifications

Unfunded Mandates Reform Act

    The Secretary has reviewed this rule before publication and by 
approving it certifies, in accordance with the Unfunded Mandates Reform 
Act of 1995 (2 U.S.C. 1532), that this rule does not impose a Federal 
mandate that will result in the expenditure by State, local, and tribal 
governments, in the aggregate, or by the private sector, of $100 
million or more in any one year.

Regulatory Flexibility Act

    The Secretary, in accordance with the Regulatory Flexibility Act (5 
U.S.C. 605(b)), has reviewed and approved this rule, and in so doing 
certifies that this final rule will not have a significant economic 
impact on a substantial number of small entities. Small businesses were 
specifically invited, however, to comment on whether the interim rule 
would significantly affect them, and persons were invited to submit 
comments according to the instructions in the DATES and Comments 
sections in the preamble of the interim rule. No comments were 
received.

Paperwork Reduction Act

    The information collection requirements contained in the HUDAR have 
been approved by the Office of Management and Budget (OMB) in 
accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3520), and have been assigned OMB approval number 2535-0091. An agency 
may not conduct or sponsor, and a person is not required to respond to, 
a collection of information unless the collection displays a valid 
control number.

Environmental Impact

    In accordance with 40 CFR 1508.4 of the regulations of the Council 
on Environmental Quality and 24 CFR 50.19(c)(1) of the HUD regulations, 
the policies and procedures in this document are not subject to the 
individual compliance requirements of the authorities cited in 24 CFR 
50.4, and, therefore, are categorically excluded from the requirements 
of the National Environmental Policy Act of 1969. Accordingly, a 
Finding of No Significant Impact is not required.

Executive Order 13132, Federalism

    This final rule does not have federalism implications and does not 
impose substantial direct compliance costs on State and local 
governments or preempt State law within the meaning of Executive Order 
13132 (entitled ``Federalism'').

Executive Order 13045, Protection of Children from Environmental Health 
Risks and Safety Risks

    This rule will not pose an environmental health risk or safety risk 
to children.

List of Subjects in 24 CFR Parts 2401, 2402, 2403, 2409, 2413, 
2414, 2415, 2416, 2419, 2424, 2425, 2426, 2428, 2432, 2433, 2436, 
2437, 2439, 2442, 2446, 2451, 2452 and 2453

    Government procurement, HUD acquisition regulation.

    Accordingly, title 48, Chapter 24 of the Code of Federal 
Regulations, is amended by adopting the interim rule published in the 
Federal Register on August 23, 1999 (64 FR 46092) as final with the 
following amendments to read as follows:

[[Page 3573]]

PART 2415--CONTRACTING BY NEGOTIATION

    1. The authority citation for part 2415 continues to read as 
follows:

    Authority:  40 U.S.C. 486(c); 41 U.S.C. 253; 42 U.S.C. 3535(d).

    2. In Section 2415.304, paragraph (d)(3) is removed.


2415.304  [Amended]

    3. The heading for subpart 2415.5 is revised to read as follows:

Subpart 2415.5--Preaward, Award, and Postaward Notifications, 
Protests, and Mistakes


2415.613-72  [Removed]

    4. Section 2415.613-72 is removed.


2415.10  [Removed]

    5. Subpart 2415.10 is removed.

PART 2426--OTHER SOCIOECONOMIC PROGRAMS

    6. The authority citation for part 2426 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 42 U.S.C. 3535(d).


2426.703  [Redesignated as 2426.7003]

    7. Section 2426.703 is redesignated as 2426.7003.

PART 2432--CONTRACT FINANCING

    8. The authority citation for part 2432 continues to read as 
follows:

    Authority: 31 U.S.C. 3901-3906; 40 U.S.C. 486(c); 42 U.S.C. 
3535(d).

    9. A new subpart 2432.1 and a new section 2432.114 are added to 
read as follows:

Subpart 2432.1--Non-Commercial Item Purchase Financing


2432.114  Unusual contract financing.

    The Senior Procurement Executive is the agency had for the purpose 
of FAR 32.114.

    10. A new subpar 2432.2 and a new section 2432.201 is added to read 
as follows:

Subpart 2432.2--Commercial Item Purchase Financing


2432.201  Statutory authority.

    The head of the contracting activity is the agency head for the 
purpose of FAR 32.201.

    11. A new section 2432.407 is added to read as follows:


2432.407  Interest.

    (d) The Senior Procurement Executive is the agency head's designee 
for the purposes of FAR 32.407(d).

    12. A new subpart 2432.7 and a new section 2432.703-3 is added to 
read as follows:

Subpart 2432.7--Contract Funding


2432.703-3  Contracts crossing fiscal years.

    (b) The contracting officer may enter into a contract, exercise an 
option, or place an order under a contract for severable services for a 
period that begins in one fiscal year and ends in the next fiscal year 
if the period of the contract awarded, option exercised, or order 
placed does not exceed one year.
    13. A new section 2432.903 is added to read as follows:


2432.903  Policy.

    The Senior Procurement Executive is the agency head's designee for 
the purposes of FAR 32.903(b).

    14. The heading for subpart 2451.70 is revised to read as follows:

Subpart 2451.70  Contractor Use of Government Discount Travel 
Rates.

PART 2452--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    15. The authority citation for part 2452 continues to read as 
follows:

    Authority: 40 U.S.C. 486(c); 42 U.S.C. 3535(d).

    16. In Section 2452.215-70, the first sentence and provision date 
are revised to read as follows:


2452.215-70  Proposal Content.

    As prescribed in 2415.209(a), insert a provision substantially the 
same as the following:

Proposal Content (Feb. 2000)

* * * * *


2452.226-70  [Amended]

    17. In section 2452.226-70, the reference to ``2426.703'' in the 
first sentence is revised to read ``2426.222-7003.''

    Dated: December 30, 1999.
V. Stephen Carberry,
Chief Procurement Officer.
[FR Doc. 00-532 Filed 1-20-00; 8:45 am]
BILLING CODE 4210-01-P