[Federal Register Volume 68, Number 106 (Tuesday, June 3, 2003)]
[Proposed Rules]
[Page 33330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-13860]



[[Page 33329]]

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Part VI





Department of Defense





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General Services Administration





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National Aeronautics and Space Administration





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48 CFR Part 15



Federal Acquisition Regulation; Unsolicited Proposals; Proposed Rule

  Federal Register / Vol. 68, No. 106 / Tuesday, June 3, 2003 / 
Proposed Rules  

[[Page 33330]]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 15

[FAR Case 2002-027]
RIN 9000-AJ66


Federal Acquisition Regulation; Unsolicited Proposals

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

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to implement Section 834 of the 
Homeland Security Act of 2002 (Public Law 107-296). Section 834 adds 
new considerations concerning the submission, receipt, evaluation, and 
acceptance or rejection of unsolicited proposals.

DATES: Interested parties should submit comments in writing on or 
before August 4, 2003, to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to--General Services Administration, 
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to--farcase.2002-
[email protected].
    Please submit comments only and cite FAR case 2002-027 in all 
correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202) 
501-1758. Please cite FAR case 2002-027.

SUPPLEMENTARY INFORMATION:

A. Background

    The rule amends the FAR to implement section 834 of the Homeland 
Security Act of 2002 (Pub. L. 107-296). Section 834 adds new 
considerations concerning the submission, receipt, evaluation, and 
acceptance or rejection of unsolicited proposals. The rule will require 
that a valid unsolicited proposal not address a previously published 
agency requirement. It also requires that, before initiating a 
comprehensive evaluation, the agency must determine that the proposal 
contains sufficient cost-related or price-related information for 
evaluation, and that it has overall scientific, technical, or 
socioeconomic merit.
    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 Councils do not expect this proposed rule to 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, while we have made changes in accordance with plain language 
guidelines, we have not substantively changed procedures for award and 
administration of contracts. An Initial Regulatory Flexibility Analysis 
has, therefore, not been performed. We invite comments from small 
businesses and other interested parties. The Councils will consider 
comments from small entities concerning the affected FAR Part 15 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. (FAR case 
2002-027), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 15

    Government procurement.

    Dated: May 29, 2003
Laura G. Smith,
Director, Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 15 as 
set forth below:

PART 15--CONTRACTING BY NEGOTIATION

    1. The authority citation for 48 CFR part 15 is revised to read as 
follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).
    2. Amend section 15.603 by removing ``and'' from the end of 
paragraph (c)(4); removing the period from the end of paragraph (c)(5) 
and adding ``; and'' in its place; and adding a new paragraph (c)(6) to 
read as follows:


15.603  General.

* * * * *
    (c) * * *
    (6) Not address a previously published agency requirement.
* * * * *
    3. In section 15.606-1, amend paragraph (a) by--
    a. Revising paragraph (a)(4);
    b. Redesignating paragraphs (a)(5) and (a)(6) as (a)(6) and (a)(7), 
respectively; and
    c. Adding a new paragraph (a)(5). The revised and added text reads 
as follows:


15.606-1  Receipt and initial review.

    (a) * * *
    (4) Contains sufficient technical information and cost-related or 
price-related information for evaluation;
    (5) Has overall scientific, technical, or socioeconomic merit;
[FR Doc. 03-13860 Filed 6-2-03; 8:45 am]
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