[Federal Register Volume 67, Number 27 (Friday, February 8, 2002)]
[Rules and Regulations]
[Pages 6114-6115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-2914]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 13

[FAC 2001-04; FAR Case 2002-002; Item II]
RIN 9000-AJ28


Federal Acquisition Regulation; Special Simplified Procedures for 
Purchases of Commercial Items in Excess of the Simplified Acquisition 
Threshold

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

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to implement Section 
823 of the National Defense Authorization Act for Fiscal Year 2000 
(Pub. L. 107-107). Section 823 extends the test of the special 
simplified procedures for purchases of commercial items greater than 
the simplified acquisition threshold, but not exceeding $5,000,000, 
until January 1, 2003.

DATES: Effective Date: February 20, 2002.
    Applicability Date: FAR Subpart 13.5, as amended by this rule, is 
applicable to solicitations issued on or after January 1, 2002.

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 Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 2001-04, FAR case 2002-002.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR Subpart 13.5 to implement section 823 of 
the National Defense Authorization Act for Fiscal Year 2002 (Pub. L. 
107-107). Section 823 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, 2003, 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.
    This is not a significant regulatory action, and therefore, was not 
subject to 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

    This final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, the Councils will 
consider comments from small entities concerning the affected FAR 
Subpart 13.5 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. 
(FAC 2001-04, FAR case 2002-002), in correspondence.

[[Page 6115]]

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the 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 Part 13

    Government procurement.

    Dated: February 1, 2002.
Al Matera,
Director, Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth 
below:

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

    1. The authority citation for 48 CFR part 13 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).


13.500    [Amended]

    2. Amend section 13.500 in paragraph (d) by removing ``January 1, 
2002'' and adding ``January 1, 2003'' in its place.

[FR Doc. 02-2914 Filed 2-7-02; 8:45 am]
BILLING CODE 6820-EP-P