[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Rules and Regulations]
[Pages 43875-43876]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18541]


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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) 2001-15 which amends 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 2001-15 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 2001-15
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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 List Application.
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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[[Page 43876]]

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 2001-0)

    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 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 5 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 5) 
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.
[FR Doc. 03-18541 Filed 7-23-03; 8:45 am]
BILLING CODE 6820-EP-P