[Federal Register Volume 65, Number 17 (Wednesday, January 26, 2000)]
[Proposed Rules]
[Pages 4346-4347]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-1853]



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Part VI





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Parts 1 and 52



Federal Acquisition Regulation; FAR Drafting Principles; Proposed Rule

  Federal Register / Vol. 65, No. 17 / Wednesday, January 26, 2000 / 
Proposed Rules  

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Department of Defense

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GENERAL SERVICES ADMINISTRATION

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1 and 52

[FAR Case 1999-610]
RIN 9000-AI66


Federal Acquisition Regulation; FAR Drafting Principles

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

ACTION:  Proposed rule.

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SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR). The proposed rule adds FAR 
drafting principles to enhance a common understanding of the regulation 
among all members of the acquisition team and other users.

DATES:  Interested parties should submit comments in writing on or 
before March 27, 2000, 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: 
[email protected].
    Please submit comments only and cite FAR case 1999-610 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 Mr. Ralph De Stefano, Procurement Analyst, at (202) 
501-1758. Please cite FAR case 1999-610.

SUPPLEMENTARY INFORMATION:

A. Background

    FAR Parts 1 and 52 are amended to enhance a common understanding of 
how the Federal Acquisition Regulation is drafted. The proposed rule 
adds drafting principles in section 1.108 and amends FAR 1.105-2, 
52.101, 52.104, 52.105, and 52.200 to reflect current FAR drafting 
conventions.
    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 Councils do not expect this proposed rule 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 only addresses drafting principles and does not impose 
any additional requirements on Government offerors or contractors. 
Therefore, we have not prepared an Initial Regulatory Flexibility 
Analysis. We invite comments from small businesses and other interested 
parties. The Councils will consider comments from small entities 
concerning the affected FAR subparts 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 1999-610), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 1 and 52

    Government procurement.

    Dated: January 21, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA propose that 48 CFR parts 1 and 52 be 
amended as set forth below:
    1. The authority citation for 48 CFR parts 1 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).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. Amend section 1.105-2 by revising paragraphs (a) and (b)(2) to 
read as follows:


1.105-2  Arrangement of regulations.

    (a) General. The FAR is divided into subchapters, parts (each of 
which covers a separate aspect of acquisition), subparts, sections, and 
subsections.
    (b) * * *
    (2) Subdivisions below the section or subsection level consist of 
parenthetical alphanumerics using the following sequence: 
(a)(1)(i)(A)(1)(i).
    3. Add section 1.108 to read as follows:


1.108  FAR conventions.

The following conventions provide guidance for interpreting this 
FAR regulation:

    (a) Words and terms. Definitions in part 2 apply to the entire 
regulation unless specifically defined in another part, subpart, 
section, provision, or clause. Words or terms defined in a specific 
part, subpart, section, provision, or clause have that meaning when 
used in that part, subpart, section, provision, or clause. Undefined 
words retain their common dictionary meaning.
    (b) Delegation of authority. Each authority is delegable unless 
specifically stated otherwise (see 1.102-4(b)).
    (c) Dollar thresholds. Unless otherwise specified, a specific 
dollar threshold for the purpose of applicability is the final 
anticipated dollar value of the action, including the dollar value of 
all options. If the action establishes a maximum quantity of supplies 
or services to be acquired or establishes a ceiling price or 
establishes the final price to be based on future events, the final 
anticipated dollar value must be the highest final priced alternative 
to the Government, including the dollar value of all options.
    (d) Application of FAR changes. Unless otherwise specified--
    (1) FAR changes apply to solicitations issued on or after the 
effective date of the published change; and
    (2) Contracting officers may, at their discretion, include the 
changes in any existing solicitation, and, with appropriate 
consideration, any contract.
    (e) Statutory citations. Statutory citations in this regulation 
include all applicable amendments, unless otherwise stated.
    (f) Imperative sentences. When an imperative sentence directs 
action, the contracting officer is responsible for the action unless 
another party is expressly cited.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Amend section 52.101 in paragraph (a) by revising the definition 
``Substantially as follows''; and by revising paragraph (d) to read as 
follows:


52.101  Using part 52.

    (a) * * *

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    Substantially as follows or substantially the same as, when used in 
the prescription of a provision or clause, means that authorization is 
granted to prepare and utilize a variation of that provision or clause 
to accommodate requirements that are peculiar to an individual 
acquisition. Any variation must include the salient features of the FAR 
provision or clause, and must be consistent with the intent, principle, 
and substance of the FAR provision or clause or related coverage of the 
subject matter.
* * * * *
    (d) Introductory text. Within subpart 52.2, the introductory text 
of each provision or clause includes a cross-reference to the location 
in the FAR subject text that prescribes its use.
* * * * *
    5. Amend section 52.104 by revising paragraph (a) to read as 
follows:


52.104  Procedures for modifying and completing provisions and clauses.

    (a) The Contracting Officer must not modify provisions and clauses 
unless the FAR authorizes their modification. For example--
    (1) ``The Contracting Officer may use a period shorter than 60 days 
(but not less than 30 days) in paragraph (x) of the clause''; or
    (2) ``The contracting officer may substitute the words `task order' 
for the word `Schedule' wherever that word appears in the clause.''
* * * * *
    6. Amend section 52.105 by revising paragraph (a) to read as 
follows:


52.105  Procedures for using alternates.

    (a) The FAR accommodates a major variation in a provision or clause 
by use of an alternate. The FAR prescribes alternates to a given 
provision or clause in the FAR subject text where the provision or 
clause is prescribed. The alternates to each provision or clause are 
titled ``Alternate I,'' ``Alternate II,'' ``Alternate III,'' etc.
* * * * *
    7. Revise section 52.200 to read as follows:


52.200  Scope of subpart.

    This subpart sets forth the text of all FAR provisions and clauses 
(see 52.101(b)(1)), and gives a cross-reference to the location in the 
FAR that prescribes its use.

[FR Doc. 00-1853 Filed 1-25-00; 8:45 am]
BILLING CODE 6820-EP-U