[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Rules and Regulations]
[Pages 13049-13052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5820]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1 and 53

[FAC 2001-06; FAR Case 2000-012; Item I]
RIN 9000-AJ31


Federal Acquisition Regulation; Commercial Items--Standard Form 
1449

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 update Standard 
Form 1449, Solicitation/Contract/Order for Commercial Items.

DATES: Effective Date: April 4, 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 2001-06, FAR case 2000-012.

SUPPLEMENTARY INFORMATION:

A. Background

    Standard Form 1449, Solicitation/Contract/Order for Commercial 
Items, is prescribed by the FAR for the acquisition of commercial 
items. This final rule makes several minor revisions to the form, 
including the addition of a block to indicate that the acquisition is a 
HUBZone set-aside, the substitution of a NAICS code for the SIC code, 
the notation that award is made only on the offeror's items 
specifically listed in block 29, and the addition of several blocks in 
the area of the form used as a receiving report by the Government. None 
of the changes involve blocks that are completed by the public.
    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 parts 
1 and 52 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 2001-06, FAR case 2000-012), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 9000-
0136. The previous edition of the form indicated that the public 
reporting burden related to the form had been cleared under OMB No. 
9000-0136. That statement has been removed from this edition because 
OMB Clearance 9000-0136 covers information collections unique to 
commercial item acquisition. It does not cover the information required 
by this form. This form is primarily completed by the Government. The 
contractor/offeror fills in only its name, address, and proposed 
prices. Those pieces of information do not require clearance in the FAR 
under

[[Page 13050]]

the Paperwork Reduction Act. Office of Management and Budget Number 
9000-0136 remains valid for the other information collection 
requirements related to the acquisition of commercial items.

List of Subjects in 48 CFR Parts 1 and 53

    Government procurement.

    Dated: March 6, 2002.
Al Matera,
Director, Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 1 and 53 as set 
forth below:
    1. The authority citation for 48 CFR parts 1 and 53 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


1.106  [Amended]

    2. Amend section 1.106 in the table by removing the FAR segment 
``SF 1449'' and its corresponding OMB Control Number ``9000-0136''.

PART 53--FORMS


53.212  [Amended]

    3. Amend section 53.212 by removing ``(OCT 1995)'' and adding 
``(Rev. 4/02)'' in its place.


53.213  [Amended]

    4. Amend section 53.213 in paragraph (a) and the introductory text 
of paragraph (f) by removing ``(10/95 Ed.)'' and adding ``(Rev. 4/02)'' 
in its place.

    5. Revise section 53.301-1449 to read as follows.


53.301-1449  Solicitation/Contract/Order for Commercial Items.

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[FR Doc. 02-5820 Filed 3-19-02; 8:45 am]
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