[Federal Register Volume 67, Number 83 (Tuesday, April 30, 2002)]
[Rules and Regulations]
[Page 21539]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-10373]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1


Federal Acquisition Regulation; Small Entity Compliance Guide

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

ACTION: Small Entity Compliance Guide.

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SUMMARY: This document is issued under the joint authority of the 
Secretary of Defense, the Administrator of General Services and the 
Administrator for the National Aeronautics and Space Administration. 
This Small Entity Compliance Guide has been prepared in accordance with 
Section 212 of the Small Business Regulatory Enforcement Fairness Act 
of 1996 (Pub. L. 104-121). It consists of a summary of rules appearing 
in Federal Acquisition Circular (FAC) 2001-07 which amend the FAR. An 
asterisk (*) next to a rule indicates that a regulatory flexibility 
analysis has been prepared in accordance with 5 U.S.C. 604. Interested 
parties may obtain further information regarding these rules by 
referring to FAC 2001-07 which precedes this document. These documents 
are also available via the Internet at http://www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT: Laurie Duarte, FAR Secretariat, (202) 
501-4225. For clarification of content, contact the analyst whose name 
appears in the table below.

                                          List of Rules in FAC 2001-07
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                   Item                                 Subject                 FAR case          Analyst
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I........................................  Preference for Performance-Based      2000-307  Wise.
                                            Contracting.
II.......................................  Revisions to Balance Of Payments      1999-616  Davis.
                                            Program.
III......................................  European Union Trade Sanctions...     2001-002  Davis.
IV.......................................  Technical Amendments.............
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Item I--Preference for Performance-Based Contracting (FAR Case 
2000-307)

    This final rule converts the interim rule published as Item I of 
FAC 97-25 at 66 FR 22082, May 2, 2001, to a final rule with an 
amendment at FAR 7.105. The rule implements Section 821 of the Floyd D. 
Spence National Defense Authorization Act for Fiscal Year 2001 (Pub. L. 
106-398). The rule affects contracting officers that buy services by 
explicitly establishing a preference for performance-based contracts or 
task orders. Guidance for performance-based contracting is available at 
the following websites:
http://www.arnet.gov/Library/OFPP/BestPractices/,
http://oamweb.osec.doc.gov/pbsc/index.html, or
http://www.gsa.gov/Portal/content/pubs__content.jsp?
contentOID=119969& contentType=1008&PMVP=1.

Item II--Revisions to Balance of Payments Program (FAR Case 1999-
616)

    This final rule amends the FAR by removing Subpart 25.3, Balance of 
Payments Program, and making conforming changes to FAR Parts 13, 25, 
and 52. This revision will reduce administrative burdens on both the 
Government and the public. The FAR no longer requires contracting 
officers to use balance of payments procedures to evaluate foreign 
offers when acquiring supplies for use outside the United States that 
are valued at more than $100,000, but not more than $186,000, or when 
awarding a construction contract to be performed outside the United 
States and valued at less than $6,909,500. However, the Balance of 
Payments Program will be continued in the Department of Defense, and a 
Defense Federal Acquisition Regulation Supplement rule is being 
processed for this purpose.

Item III--European Union Trade Sanctions (FAR Case 2001-002)

    This final rule revises FAR 25.1103(c)(2)(i) to specifically 
exclude solicitations issued and contracts awarded by DoD from the 
clause prescription for the use of FAR clauses 52.225-15, Sanctioned 
European Union Country End Products, and 52.225-16, Sanctioned European 
Union Country Services. This rule is a clarification of existing 
policy. DoD contracting officers must ensure that the clauses 
implementing European Union trade sanctions are not included in DoD 
solicitations and contracts.

Item IV--Technical Amendments

    These amendments update sections and make editorial changes at FAR 
12.301, 52.214-20, and 52.244-2.

    Dated: April 23, 2002.
Al Matera,
Director, Acquisition Policy Division.
[FR Doc. 02-10373 Filed 4-29-02; 8:45 am]
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