[Federal Register Volume 69, Number 65 (Monday, April 5, 2004)]
[Rules and Regulations]
[Pages 17770-17771]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-7411]


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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. It consists of a summary of rules appearing in Federal 
Acquisition Circular (FAC) 2001-22 which amend the FAR. An asterisk (*) 
next to a rule indicates that a regulatory flexibility analysis has 
been prepared. Interested parties may obtain further information 
regarding these rules by referring to FAC 2001-22 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 2001-22
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                 Item                                Subject                 FAR case             Analyst
----------------------------------------------------------------------------------------------------------------
I*....................................  Government Property Disposal....        1995-013  Parnell.
II....................................  General Provisions of the Cost          2001-034  Loeb.
                                         Principles.
III...................................  Unique Contract and Order               2002-025  Zaffos.
                                         Identifier Numbers.
IV....................................  Unsolicited Proposals...........        2002-027  Wise.
V.....................................  New Mexico Tax--United States           2003-020  Loeb.
                                         Missile Defense Agency.
VI....................................  Technical Amendments............
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Item I--Government Property Disposal (FAR Case 1995-013)

    This final rule amends FAR Parts 1, 2, 8, 45, 49, 52, and 53 to 
simplify procedures, reduce recordkeeping, and eliminate requirements 
related to the disposition of Government property in the possession of 
contractors.

Item II--General Provisions of the Cost Principles (FAR Case 2001-034)

    This final rule amends the FAR to revise certain general provisions 
of the cost principles contained at FAR 31.201-1, Composition of total 
cost; FAR 31.201-2, Determining allowability; FAR 31.202, Direct costs; 
and FAR 31.203, Indirect costs. The rule revises the cost principles by 
improving clarity and structure, and removing unnecessary and 
duplicative language. The final rule also adds the definition of 
``direct cost'' and revises the definition of ``indirect cost'' at FAR 
2.101, Definitions, to be consistent with the terminology used in the 
cost accounting standards (CAS). The case was initiated as a result of 
comments and recommendations received from industry and Government 
representatives during a series of public

[[Page 17771]]

meetings. 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 III--Unique Contract and Order Identifier Numbers (FAR Case 2002-
025)

    The interim rule published in the Federal Register at 68 FR 56679, 
October 1, 2003, is converted to a final rule, without change, to 
require each reporting agency to assign a unique procurement instrument 
identifier (PIID) for every contract, purchase order, BOA, Basic 
Agreement, and BPA reported to the Federal Procurement Data System; and 
to have in place a process that will ensure that each PIID reported to 
FPDS is unique, Governmentwide, and will remain so for at least 20 
years from the date of contract award.

Item IV--Unsolicited Proposals (FAR Case 2002-027)

    This final 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.

Item V--New Mexico Tax--United States Missile Defense Agency (FAR Case 
2003-020)

    This final rule amends FAR 29.401-4(c) to incorporate the Defense 
Missile Agency as a participating agency within the terms and 
conditions stipulated in FAR 29.401-4, New Mexico Gross Receipts and 
Compensating Tax. This provision aims to eliminate the double taxation 
of Government cost reimbursement contracts when contractors and their 
subcontractors purchase tangible personal property to be used in 
performing services in the State of New Mexico and for which such 
property will pass to the United States.

Item VI--Technical Amendments

    This amendment makes editorial changes at FAR 52.212-5(b)(24) and 
52.213-4(a)(1)(iv).

    Dated: March 26, 2004.
Laura Auletta,
Director, Acquisition Policy Division.
[FR Doc. 04-7411 Filed 4-2-04; 8:45 am]
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