[Federal Register Volume 68, Number 207 (Monday, October 27, 2003)]
[Proposed Rules]
[Page 61302]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-26953]



[[Page 61301]]

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

Part IV





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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



48 CFR Parts 44 and 52



Federal Acquisition Regulation; Subcontracts for Commercial Items and 
Commercial Components; Proposed Rule

  Federal Register / Vol. 68, No. 207 / Monday, October 27, 2003 / 
Proposed Rules  

[[Page 61302]]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 44 and 52

[FAR Case 2002-021]
RIN 9000-AJ75


Federal Acquisition Regulation; Subcontracts for Commercial Items 
and Commercial Components

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

ACTION: Proposed rule.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to require that the clause 
regarding Subcontracts for Commercial Items and Commercial Components 
be inserted in solicitations and contracts other than those for 
commercial items.

DATES: Interested parties should submit comments in writing on or 
before December 26, 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 2002-021 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 Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-
0044. Please cite FAR case 2002-021.

SUPPLEMENTARY INFORMATION: 

A. Background

    This rule amends FAR 44.403 by requiring the use of the clause at 
52.244-6, Subcontracts for Commercial Items and Commercial Components, 
in solicitations and contracts other than those for commercial items.
    The current clause prescription requires use of the clause in 
solicitations and contracts for ``supplies or services'' other than 
commercial items. It is not clear whether this includes solicitations 
and contracts for construction.
    The revised clause prescription clarifies that the clause is 
required in all solicitations and contracts other than those for 
commercial items, thereby clearly including construction contracts. The 
rule also amends the clause language to clarify that, within the 
context of 52.244-6, a commercial item would include commercial 
construction materials but would not include construction itself.
    This is not a significant regulatory action and, therefore, as 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 it is a clarification of existing policy. Inclusion of FAR 
clause 52.244-6 reduces the number of flowdown clauses required in 
subcontracts for commercial items and commercial components. 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 Parts 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 2002-021), 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 Parts 44 and 52

    Government procurement.

    Dated: October 21, 2003.
Laura Auletta,
Director, Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 44 and 
52 as set forth below:
    1. The authority citation for 48 CFR parts 44 and 52 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).

PART 44--SUBCONTRACTING POLICIES AND PROCEDURES

    2. Revise section 44.403 to read as follows:


Sec.  44.403  Contract clause.

    The contracting officer shall insert the clause at 52.244-6, 
Subcontracts for Commercial Items and Commercial Components, in 
solicitations and contracts other than those for commercial items.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


Sec.  52.213-4  [Amended]

    3. Amend section 52.213-4 by revising the date of the clause to 
read ``(Date)''; and removing ``(Apr 2003)'' from paragraph (a)(2)(vi) 
and adding ``(Date)'' in its place.
    4. Amend section 52.244-6 by revising the date of the clause; and 
in paragraph (a) by revising the definition ``Commercial item'' to read 
as follows:


Sec.  52.244-6  Subcontracts for Commercial Items.

* * * * *
SUBCONTRACTS FOR COMMERCIAL ITEMS (DATE)
    (a) * * *
    Commercial item has the meaning contained in the clause at 52.202-
1, Definitions, and includes commercial construction materials but does 
not include construction itself.
* * * * *
[FR Doc. 03-26953 Filed 10-24-03; 8:45 am]
BILLING CODE 6820-EP-P