[Federal Register Volume 69, Number 13 (Wednesday, January 21, 2004)]
[Proposed Rules]
[Page 2988]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-1152]



[[Page 2987]]

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Part III





Department of Defense

General Services Administration

National Aeronautics and Space Administration





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48 CFR Parts 2 and 52



 Federal Acquisition Regulation; Definitions Clause; Proposed Rule

  Federal Register / Vol. 69, No. 13 / Wednesday, January 21, 2004 / 
Proposed Rules  

[[Page 2988]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2 and 52

[FAR Case 2002-013]
RIN: 9000-AJ83


Federal Acquisition Regulation; Definitions Clause

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 clarify what FAR definitions 
apply to FAR solicitation provisions and contract clauses.

DATES: Interested parties should submit comments in writing on or 
before March 22, 2004 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 [email protected]. Please submit comments only and 
cite FAR case 2002-013 in all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Jeritta Parnell, Procurement 
Analyst, at (202) 501-4082. Please cite FAR case 2002-013.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed FAR rule amends the FAR to address the issue that FAR 
clause 52.202-1, Definitions, is an incomplete list of definitions 
applicable to the provisions and clauses. This case clarifies what FAR 
definitions apply to FAR solicitation provisions and contract clauses.
    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 the principle of how definitions apply is already expressed in 
FAR Part 2. But, it is not as clearly expressed in the Part 52 clauses. 
This case repeats the principle in a clause so contractors have a 
clearer idea of which words have official FAR definitions. 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 2 and 52 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 2002-013), 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 2 and 52

    Government procurement.

    Dated: January 13, 2004.
Laura Auletta,
Director, Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2 and 
52 as set forth below:
    1. The authority citation for 48 CFR parts 2 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 2--DEFINITIONS OF WORDS AND TERMS

    2. Revise section 2.201 to read as follows:


2.201  Contract clause.

    Insert the clause at 52.202-1, Definitions, in solicitations and 
contracts that exceed the simplified acquisition threshold.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Revise section 52.202-1 to read as follows:


52.202-1  Definitions.

    As prescribed in section 2.201, insert the following clause:

Definitions (Date)

    (a) When a solicitation provision or contract clause uses a word 
or term that is defined in the Federal Acquisition Regulation (FAR), 
the word or term has the same meaning as the definition in FAR 2.101 
in effect at the time the solicitation was issued, unless--
    (1) The solicitation, or amended solicitation, provides a 
different definition;
    (2) The contracting parties agree to a different definition;
    (3) The part, subpart, or section of the FAR where the provision 
or clause is prescribed provides a different meaning; or
    (4) The word or term is defined in Subpart 31 for use in the 
cost principles and procedures.
    (b) The FAR Index is a guide to words and terms the FAR defines 
and shows where each definition is located. The FAR Index is 
available via the Internet at http://www.arnet.gov/ at the end of 
the Federal Acquisition Regulation, after the FAR Appendix.

(End of clause)

    4. In section 52.244-6(a), revise the definition ``Commercial 
item'' to read as follows:


52.244-6  Subcontracts for Commercial Items.

* * * * *
    (a) * * *
    Commercial item has the meaning contained in Federal Acquisition 
Regulation 2.101, Definitions.
* * * * *
[FR Doc. 04-1152 Filed 1-20-04; 8:45 am]
BILLING CODE 6820-EP-P