[Federal Register Volume 67, Number 54 (Wednesday, March 20, 2002)]
[Rules and Regulations]
[Pages 13064-13065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5824]



[[Page 13064]]

-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 52

[FAC 2001-06; FAR Case 2000-008; Item V]
RIN 9000-AJ09


Federal Acquisition Regulation; Acquisition of Helium

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

ACTION: Final rule.

-----------------------------------------------------------------------

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 the 
Helium Privatization Act of 1996 (Pub. L. 104-273) and associated 
changes to the Department of the Interior's regulations regarding its 
helium program.

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. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAC 2001-06, FAR case 2000-008.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule revises FAR Subpart 8.5 and the clause at 52.208-8 
to implement the Department of Interior final rule regarding helium 
contracts that was published in the Federal Register at 63 FR 66760, 
December 3, 1998. The final rule--
     Changes the definitions;
     Eliminates the requirement for certain contracts and 
subcontractors to submit helium forecasts; and
     Establishes the requirement that contractors and 
subcontractors under contracts with a major helium requirement must 
report purchases of helium from Federal helium suppliers.
    DoD, GSA, and NASA published a proposed rule in the Federal 
Register at 66 FR 2752, January 11, 2001. One source, the Department of 
Interior, submitted a comment in response to the proposed rule, 
recommending that the Councils add ``Amarillo Field Office'' to the 
address provided in the definition of ``Bureau of Land Management'' at 
FAR 8.501 and the clause at 52.208-8(a). The Councils concurred with 
the change and included it in the final rule.
    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

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not 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 eliminates the 
information requirement for submitting helium forecasts and replaces it 
with a similar information requirement to report helium purchases. We 
estimate that the net change is zero.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 9000-
0113.

List of Subjects in 48 CFR Parts 8 and 52

    Government procurement.

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

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 8 and 52 as set 
forth below:
    1. The authority citation for 48 CFR parts 8 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 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    2. Revise subpart 8.5, consisting of sections 8.500 through 8.505, 
to read as follows:

Subpart 8.5--Acquisition of Helium


8.500  Scope of subpart.

    This subpart implements the requirements of the Helium Act (50 
U.S.C. 167, et seq.) concerning the acquisition of liquid or gaseous 
helium by Federal agencies or by Government contractors or 
subcontractors for use in the performance of a Government contract 
(also see 43 CFR part 3195).


8.501  Definitions.

    As used in this subpart--
    Bureau of Land Management means the Department of the Interior, 
Bureau of Land Management, Amarillo Field Office, Helium Operations, 
801 South Fillmore Street, Suite 500, Amarillo, TX 79101-3545.
    Federal helium supplier means a private helium vendor that has an 
in-kind crude helium sales contract with the Bureau of Land Management 
(BLM) and that is on the BLM Amarillo Field Office's Authorized List of 
Federal Helium Suppliers available via the Internet at http://www.nm.blm.gov/www/amfo/amfo_home.html.
    Major helium requirement means an estimated refined helium 
requirement greater than 200,000 standard cubic feet (scf) (measured at 
14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit 
temperature) of gaseous helium or 7510 liters of liquid helium 
delivered to a helium use location per year.


8.502  Policy.

    Agencies and their contractors and subcontractors must purchase 
major helium requirements from Federal helium suppliers, to the extent 
that supplies are available.


8.503  Exception.

    The requirements of this subpart do not apply to contracts or 
subcontracts in which the helium was acquired by the contractor prior 
to award of the contract or subcontract.


8.504  Procedures.

    The contracting officer must forward the following information to 
the Bureau of Land Management within 45 days of the close of each 
fiscal quarter:
    (a) The name of any company that supplied a major helium 
requirement.
    (b) The amount of helium purchased.
    (c) The delivery date(s).
    (d) The location where the helium was used.


8.505  Contract clause.

    Insert the clause at 52.208-8, Required Sources for Helium and 
Helium Usage Data, in solicitations and contracts if it is anticipated 
that performance of the contract involves a major helium requirement.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Revise the clause heading and section 52.208-8 to read as 
follows:

[[Page 13065]]

52.208-8  Required Sources for Helium and Helium Usage Data.

    As prescribed in 8.505, insert the following clause:

Required Sources for Helium and Helium Usage Data (Apr 2002)

    (a) Definitions.
    Bureau of Land Management, as used in this clause, means the 
Department of the Interior, Bureau of Land Management, Amarillo 
Field Office, Helium Operations, located at 801 South Fillmore 
Street, Suite 500, Amarillo, TX 79101-3545.
    Federal helium supplier means a private helium vendor that has 
an in-kind crude helium sales contract with the Bureau of Land 
Management (BLM) and that is on the BLM Amarillo Field Office's 
Authorized List of Federal Helium Suppliers available via the 
Internet at http://www.nm.blm.gov/www/amfo/amfo_home.html.
    Major helium requirement means an estimated refined helium 
requirement greater than 200,000 standard cubic feet (scf) (measured 
at 14.7 pounds per square inch absolute pressure and 70 degrees 
Fahrenheit temperature) of gaseous helium or 7510 liters of liquid 
helium delivered to a helium use location per year.
    (b) Requirements--(1) Contractors must purchase major helium 
requirements from Federal helium suppliers, to the extent that 
supplies are available.
    (2) The Contractor shall provide to the Contracting Officer the 
following data within 10 days after the Contractor or subcontractor 
receives a delivery of helium from a Federal helium supplier--
    (i) The name of the supplier;
    (ii) The amount of helium purchased;
    (iii) The delivery date(s); and
    (iv) The location where the helium was used.
    (c) Subcontracts. The Contractor shall insert this clause, 
including this paragraph (c), in any subcontract or order that 
involves a major helium requirement.

(End of clause)

[FR Doc. 02-5824 Filed 3-19-02; 8:45 am]
BILLING CODE 6820-EP-P