[Federal Register Volume 66, Number 47 (Friday, March 9, 2001)]
[Rules and Regulations]
[Page 14260]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-5653]



[[Page 14259]]

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Part II





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chaper 1



Federal Acquisition Regulation; Delay of Effective Date; Final Rule

  Federal Register / Vol. 66, No. 47 / Friday, March 9, 2001 / Rules 
and Regulations  

[[Page 14260]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

[Federal Acquisition Circular 97-22 (Delay of Effective Date)]


Federal Acquisition Regulation; Delay of Effective Date

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

ACTION: Final rules: delay of effective date.

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SUMMARY: In accordance with the memorandum of January 20, 2001, from 
the Assistant to the President and Chief of Staff, entitled 
``Regulatory Review Plan,'' published in the Federal Register on 
January 24, 2001, this action delays for 60 days the effective date of 
Items I, III, IV, and V of Federal Acquisition Circular (FAC) 97-22 
published in the Federal Register on January 10, 2001 (66 FR 2116). The 
60-day delay in the effective date is necessary to give agency 
officials the opportunity for further review and consideration of new 
regulations, consistent with the Assistant to the President's 
memorandum of January 20, 2001.

DATES: Effective Date: The effective date of Item I of FAC 97-22, the 
final rule amending 48 CFR parts 1 through 9, 11, 13, 14, 15, 17, 19, 
22, 23, 24, 26 through 29, 31 through 37, 39, 42, 43, 44, 46 through 
50, and 52, published in the Federal Register on January 10, 2001 at 66 
FR 2117 is delayed until May 11, 2001.
    The effective date of Item III of FAC 97-22, the final rule 
amending 48 CFR parts 32 and 52, published in the Federal Register on 
January 10, 2001 at 66 FR 2137 is delayed until May 11, 2001.
    The effective date of Item IV of FAC 97-22, the final rule amending 
48 CFR part 52, published in the Federal Register on January 10, 2001 
at 66 FR 2139 is delayed until May 11, 2001.
    The effective date of Item V of FAC 97-22, the final rule amending 
48 CFR part 52, published in the Federal Register on January 10, 2001 
at 66 FR 2140 is delayed until May 11, 2001.
    Applicability Date: The FAR, as amended by these rules, is 
applicable to solicitations issued on or after May 11, 2001, per FAR 
1.108(d).

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. Please cite FAC 97-22 
(delay of effective date).

SUPPLEMENTARY INFORMATION: This document extends, for 60 days, the 
effective date of the following FAR rules published in FAC 97-22 in the 
Federal Register at 66 FR 2116, January 10, 2001:

FAR Case 1999-403--Definitions

    This final rule clarifies the applicability of definitions used in 
the FAR, eliminates redundant or conflicting definitions, and makes 
definitions easier to find. The rule--
     Relocates definitions of terms that are used in more than 
one FAR part with the same meaning to 2.101;
     Relocates other definitions of terms to the 
``Definitions'' section of the highest level FAR division (part, 
subpart, or section) where the term as defined is used. For example, if 
a term was defined in a FAR section, but the term is used as defined in 
another section of that subpart, then the definition was moved to the 
``Definitions'' section of that subpart;
     Clarifies that a term, defined in FAR 2.101, has the same 
meaning throughout the FAR unless the context in which the term is used 
clearly requires a different meaning; or unless another FAR part, 
subpart, or section provides a different definition for that particular 
part, subpart, or section;
     Adds cross-references to definitions of terms in FAR 2.101 
that are defined differently in another part, subpart, or section of 
the FAR; and
     Makes technical corrections throughout the FAR.

FAR Case 1999-016--Advance Payments for Non-Commercial Items

    This final rule amends the FAR to permit federally insured credit 
unions, in addition to banks, to participate in the maintenance of 
special accounts for advance payments. The rule will only affect 
contracting officers that provide contract financing using advance 
payments for non-commercial items.

FAR Case 1999-021--Part 12 and Assignment of Claims

    This final rule amends the FAR to correct an inconsistency between 
two clauses related to the assignment of claims. FAR 52.232-36, Payment 
by Third Party, prohibits a contractor from assigning its rights to 
receive payment under the contract if payment is made by a third party, 
such as when a Governmentwide commercial purchase card is used. This 
clause is cited in the contract clause at FAR 52.212-5 that addresses 
terms and conditions required to implement statutes or Executive orders 
for commercial items.
    FAR 52.212-4, Contract Terms and Conditions--Commercial Items, 
addresses assignment of claims but does not include the third party 
prohibition. This rule revises FAR 52.212-4(b) to add the prohibition.

FAR Case 1996-023--Clause Flowdown--Commercial Items

    This final rule amends the clause at FAR 52.244-6, Subcontracts for 
Commercial Items, to revise the listing of clauses the contractor must 
flow down to subcontractors. The rule revises the listing to add the 
clause at FAR 52.219-8, Utilization of Small Business Concerns, when 
specified circumstances have been met. In addition, the rule adds 
language to inform contractors that they may flow down a minimal number 
of additional clauses to subcontractors to satisfy their contractual 
obligations.

    Dated: February 27, 2001.
Deidre A. Lee,
Director, Defense Procurement, Department of Defense.

    Dated: March 1, 2001.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, General 
Services Administration.

    Dated: February 26, 2001.
Anne Guenther,
Acting Associate Administrator for Procurement, National Aeronautics 
and Space Administration.
[FR Doc. 01-5653 Filed 3-8-01; 8:45 am]
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