[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Rules and Regulations]
[Pages 43854-43855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18532]



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Part IV





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Chapter I, et al.



Federal Acquisition Circular 2001-15; Final Rules

  Federal Register / Vol. 68, No. 142 / Thursday, July 24, 2003 / Rules 
and Regulations  

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1


Federal Acquisition Circular 2001-15; Introduction

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

ACTION: Summary presentation of final rules and technical amendments 
and corrections.

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SUMMARY: This document summarizes the FederalAcquisition Regulation 
(FAR) rules agreed to by the Civilian Agency Acquisition Council and 
the DefenseAcquisition Regulations Council in this FederalAcquisition 
Circular (FAC) 2001-15. A companion document, the Small Entity 
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, 
is available via the Internet at http://www.arnet.gov/far.

DATES: For effective dates and comment dates, see separate documents 
which follow.

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 the analyst whose name appears in the table below in 
relation to each FAR case or subject area. Please cite FAC 2001-15 and 
specific FAR case number(s). Interested parties may also visit our Web 
site at http://www.arnet.gov/far.

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        Item                              Subject                        FAR case              Analyst
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I..................  Elimination of Standard Form 129, Solicitation       2001-032  De Stefano.
                      Mailing ListApplication.
II.................  Energy-Efficient Standby Power Devices..........     2001-028  Smith.
III................  Electronic Listing of Acquisition Vehicles           2001-030  Zaffos.
                      Available For Use By More Than One Agency.
IV.................  Compensation Cost Principle.....................     2001-008  Loeb.
V..................  Leadership in Environmental Management (E.O.         2000-005  Goral.
                      13148).
VI.................  Selling Cost Principle..........................     2001-024  Loeb.
VII................  Section 508 Micropurchase Exception Sunset           2002-012  Nelson.
                      Provision.
VIII...............  Technical Amendments.                             ...........  ............................
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments to these FAR cases, refer to the 
specific item number and subject set forth in the documents following 
these item summaries.
    FAC 2001-15 amends the FAR as specified below:

Item I--Elimination of Standard Form 129, Solicitation Mailing List 
Application (FAR Case 2001-032)

    This final rule removes the requirement for contracting offices to 
establish and maintain manual solicitation mailing lists and the need 
to use the Standard Form (SF) 129, Solicitation Mailing List 
Application. The purpose of the rule is to broaden use and reliance on 
e-business applications. It is expected that this rule will eliminate, 
in part, the need for contracting offices to maintain paper-based 
sources of contractor information.

Item II--Energy-Efficient Standby Power Devices (FAR Case 2001-028)

    This final rule implements Executive Order 13221, of July 31, 2001, 
Energy-Efficient Standby Power Devices, by providing guidance on 
energy-efficient standby power devices. The rule also clarifies 
requirements for the purchase of recovered material. The requirements 
of this rule apply to contracting officers that purchase products that 
use external standby power devices or that contain an internal standby 
power function, and products that are composed of recovered material. 
Government contracting and technical personnel will need to ensure that 
proposed acquisitions comply with the Government preference for energy-
efficient products.

Item III--Electronic Listing of Acquisition Vehicles Available for use 
by More Than One Agency (FAR Case 2001-030)

    This final rule provides the regulatory underpinning for the 
operation and use of an online directory to facilitate greater 
awareness of contracts available for multiple agency use. The rule--
    1. Adds a new Subpart 5.6, Publicizing Multi-Agency Use Contracts, 
that--
    (a) Provides the Internet address to access the database;
    (b) Requires agencies to enter information into the database within 
ten days of award of a Governmentwide acquisition contract (GWAC), 
multi-agency contract, Federal Supply Schedule contract, or other 
procurement instrument intended for use by multiple agencies including 
blanket purchase agreements under Federal Supply Schedule contracts; 
and
    (c) Requires contracting activities to enter information into the 
database by October 31, 2003, on all existing contracts and other 
procurement instruments intended for use by multiple agencies, except 
for those expiring on or before June 1, 2004.
    2. Adds language at FAR 7.105(b)(1) to consider the sources 
contained in the database as prospective sources of supplies and 
services.
    3. Adds language at FAR 10.002(b)(2)(iv) to encourage querying the 
database during market research for information relevant to agency 
acquisitions.

Item IV--Compensation Cost Principle (FAR Case 2001-008)

    This final rule amends the FAR to revise the ``compensation for 
personal services'' cost principle by removing unnecessary and 
duplicative language and restructuring it. This rule is of particular 
interest to contracting officers who use cost analysis to price 
contracts and modifications, and who determine or negotiate reasonable 
costs in accordance with a clause of a contract, e.g., price revision 
of fixed-price incentive contracts, terminated contracts, indirect cost 
rates.

Item V--Leadership in Environmental Management (E.O. 13148) (FAR Case 
2000-005)

    This final rule provides policies and procedures for obtaining 
contractor information so that agencies can implement environmental 
management systems and complete facility compliance audits. The rule 
implements Executive Order 13148 of April 21, 2000, Greening the 
Government through Leadership in Environmental Management. The 
requirements of this rule apply to facilities owned or operated by 
Federal agencies, except

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those facilities located outside the United States and its outlying 
areas.

Item VI--Selling Cost Principle (FAR Case 2001-024)

    This final rule amends the FAR to revise the ``selling costs'' cost 
principle by restructuring the paragraphs and removing unnecessary and 
duplicative language to increase clarity. The rule does not change the 
allowability of selling costs. The case was initiated at the request of 
the Aerospace Industries Association (AIA). This rule is of particular 
interest to contractors and contracting officers who use cost analysis 
to price contracts and modifications, and who determine or negotiate 
reasonable costs in accordance with a clause of a contract, e.g., price 
revision of fixed-price incentive contracts, terminated contracts, or 
indirect cost rates.

Item VII--Section 508 Micropurchase Exception Sunset Provision (FAR 
Case 2002-012)

    The interim rule published in the Federal Register at 67 FR 80321, 
December 31, 2002, is converted to a final rule, without change, to 
extend the Electronic and Information Technology (Section 508) 
micropurchase exception to October 1, 2004.

Item VIII--Technical Amendments

    These amendments update references and make editorial changes at 
FAR 19.1005 and 52.212-1.

    Dated: July 16, 2003.
Laura Auletta,
Director, Acquisition Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2001-15 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
Administration.
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC2001-15 are 
effective August 25, 2003, except for Items III, VII, and VIII which 
are effective July 24, 2003.

    Dated: July 14, 2003.

Deidre A. Lee,
Director, Defense Procurement and Acquisition Policy.


    Dated: July 14, 2003.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, General 
Services Administaration.

    Dated: July 7, 2003.
Tom Luedtke,
Assistant Administrator for Procurement, National Aeronautics and Space 
Administration.
[FR Doc. 03-18532 Filed 7-23-03; 8:45 am]
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