[Federal Register Volume 66, Number 95 (Wednesday, May 16, 2001)]
[Rules and Regulations]
[Pages 27405-27407]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-12243]



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Part VI





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter 1 and Parts 2, et al.



Federal Acquisition Circular 97-26; Introduction; Final Rule



Federal Acquisition Regulations; Interim Rules

Federal Register / Vol. 66, No. 95 / Wednesday, May 16, 2001 / Rules 
and Regulations

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1


Federal Acquisition Circular 97-26; Introduction

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

ACTION: Summary presentation of interim rules.

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SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the Defense Acquisition Regulations Council in this Federal Acquisition 
Circular (FAC) 97-26. A companion document, the Small Entity Compliance 
Guide (SECG), follows this FAC. The FAC, including the SECG, is 
available via the Internet at http://www.arnet.gov/far.

DATES: For effective dates and comment dates, see separate documents 
which follow.

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 the analyst whose name appears in the table below in 
relation to each FAR case or subject area. Please cite FAC 97-26 and 
specific FAR case number(s). Interested parties may also visit our 
website at http://www.arnet.gov/far.

------------------------------------------------------------------------
          Item                  Subject           FAR case     Analyst
------------------------------------------------------------------------
I......................  Electronic Commerce       1997-304  Moss.
                          in Federal
                          Procurement.
II.....................  Executive Order           2001-016  Nelson.
                          13202, Preservation
                          of Open Competition
                          and Government
                          Neutrality Towards
                          Government
                          Contractors' Labor
                          Relations on Federal
                          and Federally Funded
                          Construction
                          Projects.
III....................  Executive Order           2001-017  Klein.
                          13204, Revocation of
                          Executive Order On
                          Nondisplacement of
                          Qualified Workers
                          Under Certain
                          Contracts.
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments to these FAR cases, refer to the 
specific item number and subject set forth in the documents following 
these item summaries.
    Federal Acquisition Circular 97-26 amends the FAR as specified 
below:

Item I--Electronic Commerce in Federal Procurement (FAR Case 1997-
304)

    This interim rule amends the FAR to (a) further implement section 
850 of the National Defense Authorization Act for Fiscal Year 1998, 
Pub. L. 105-85 (section 850) and (b) implement section 810 of the Floyd 
D. Spence National Defense Authorization Act for Fiscal Year 2001 (Pub. 
L. 106-398, section 810). Section 850 calls for the use of cost-
effective procedures and processes that employ electronic commerce in 
the conduct and administration of Federal procurement systems. This 
includes the designation in the FAR of a single point of universal 
electronic public access to Governmentwide procurement opportunities 
(the ``Governmentwide Point of Entry'' or ``GPE''). Section 810 allows 
agencies to provide access to notices through the GPE, as designated in 
the FAR, instead of publishing them via the Commerce Business Daily 
(CBD).
    This rule designates Federal Business Opportunities 
(``FedBizOpps'') as the GPE. Agencies have until October 1, 2001, to 
complete their transition to, or integration with, FedBizOpps. By that 
date, all agencies must use FedBizOpps to provide access to public 
notices of procurement actions over $25,000 that are currently required 
to be published in the CBD along with associated solicitations and 
amendments. In addition, agencies will not be required to provide 
notice in the CBD as of January 1, 2002, since access to this 
information will be provided via the Internet through FedBizOpps.

Item II--Executive Order 13202, Preservation of Open Competition 
and Government Neutrality Towards Government Contractors' Labor 
Relations on Federal and Federally Funded Construction Projects 
(FAR Case 2001-016)

    This interim rule amends the FAR to provide language in Part 36 and 
revises Subparts 17.6 and 22.1 to add cross-references to Part 36. The 
Executive order provides that agencies may not require or prohibit 
offerors, contractors, or subcontractors from entering into or adhering 
to agreements with one or more labor organizations. It also permits 
agency heads to exempt a project from the requirements of the Executive 
order under special circumstances but the exemption may not be related 
to the possibility of, or an actual labor dispute.

Item III--Executive Order 13204, Revocation of Executive Order on 
Nondisplacement of Qualified Workers Under Certain Contracts (FAR 
Case 2001-017)

    This interim rule amends the FAR to remove Subpart 22.12, 
Nondisplacement of Qualified Workers Under Certain Contracts. Executive 
Order 12933, Nondisplacement of Qualified Workers Under Certain 
Contracts (October 20, 1994), required that building service contracts 
for public buildings include a clause requiring the contractor under a 
contract that succeeds a contract for performance of similar services 
at the same public building to offer certain employees under the 
predecessor contract, a right of first refusal to employment under the 
new contract. E.O. 12933 was implemented in the FAR in Subpart 22.12.
    On February 17, 2001, President George W. Bush signed E.O. 13204 
rescinding E.O. 12933 and calling for the prompt recession of any 
orders, rules, regulations, guidelines, or policies implementing or 
enforcing E.O. 12933, to the extent consistent with law. Contracting 
officers should not take any action on any complaint filed under former 
FAR Subpart 22.12.
    Effective March 23, 2001, the Department of Labor rescinded its 
rule implementing E.O. 12933 (66 FR 16126, March 23, 2001).

    Dated: May 10, 2001.
Al Matera,
Director, Acquisition Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 97-26 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    All Federal Acquisition Regulation (FAR) changes and other 
directive

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material contained in FAC 97-26 are effective May 16, 2001.

    Dated: April 25, 2001.
Deidre A. Lee,
Director, Defense Procurement.


    Dated: April 12, 2001.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, General 
Services Administration.


    Dated: April 13, 2001.
James A. Balinskas,
Acting Associate Administrator for Procurement, National Aeronautics 
and Space Administration.
[FR Doc. 01-12243 Filed 5-15-01; 8:45 am]
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