[Federal Register Volume 69, Number 192 (Tuesday, October 5, 2004)]
[Rules and Regulations]
[Pages 59699-59700]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-22244]



[[Page 59699]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 13, 19, 36 and 53

[FAC 2001-25; FAR Case 2002-017; Item I]
RIN 9000-AJ73


Federal Acquisition Regulation; Elimination of Standard Form 1417

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

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to eliminate the use 
of the Standard Form (SF) 1417, Pre-Solicitation Notice (Construction 
Contract).

DATES: Effective Date: November 4, 2004.

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. Cecelia Davis, Procurement 
Analyst, at (202) 219-0202. Please cite FAC 2001-25, FAR case 2002-017.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR parts 1, 13, 19, 36, and 53, deleting 
the prescription for the use of the SF 1417. This final rule eliminates 
the use of this form in contracts for construction, alteration or 
repair, dismantling, demolition, or removal of improvements. The use of 
the form has become unnecessary because contracting officers are 
required to provide access to presolicitation notices through the 
Governmentwide point of entry (GPE) via the Internet at http://www.fedbizopps.gov pursuant to FAR 5.204. This FAR change to eliminate 
the SF 1417 complements the efforts to increase reliance on electronic 
business practices in procurement in furtherance of the 
Administration's commitment to create a citizen-centric E-Government, 
as outlined in the President's Management Agenda. DOD, GSA, and NASA 
published a proposed rule in the Federal Register at 68 FR 54294, 
September 16, 2003. No public comments were received. The Councils 
agree to convert this proposed rule to a final rule with technical 
editorial changes.
    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 Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not 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 changes are not 
imposing any additional burden on small business. Small businesses are 
already aware of the publicizing medium the Government uses via the 
Internet and have made the necessary adaptation to keep abreast of 
business opportunities disseminated therein.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does apply; however, these changes to 
the FAR do not impose additional information collection requirements to 
the paperwork burden previously approved under OMB Control Number 9000-
0037. This change has reduced the paperwork burden and no additional 
approval from OMB is required. The collection will be revised to 
reflect this reduction.
    This final rule eliminates the use of Standard Form 1417 in 
contracts for construction, alteration or repair, dismantling, 
demolition, or removal of improvements but not the requirement for 
contracting officers to provide access to presolicitation notices 
through the Governmentwide point of entry via the Internet at http://www.fedbizopps.gov.
    Requester may obtain a copy of the information collection from the 
General Services Administration, FAR Secretariat (V), Room 4035, 
Washington, DC 20405, telephone (202) 501-4755. Please cite OMB Control 
Number 9000-0037, Presolicitation Notice and Response, Standard Form 
1417, in all correspondence.

List of Subjects in 48 CFR Parts 1, 13, 19, 36 and 53

    Government procurement.

    Dated: September 28, 2004.
Ralph J. De Stefano,
Acting Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 13, 19, 36, and 53 
as set forth below:
0
1. The authority citation for 48 CFR parts 1, 13, 19, 36, and 53 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106   [Amended]

0
2. Amend section 1.106 in the table following the introductory 
paragraph by removing FAR segment ``36.701'' and its corresponding OMB 
Control Number ``9000-0037'' removing FAR segment ``53.236-1(a)'' and 
its corresponding OMB Control Number ``9000-0037''; and removing FAR 
segment ``SF 1417'' and its corresponding OMB Control Number ``9000-
0037''.

PART 13--SIMPLIFIED ACQUISITION PROCEDURES


13.003   [Amended]

0
3. Amend section 13.003 in paragraph (g)(1) by removing ``36.701(b)'' 
and adding ``36.701(a)'' in its place.

PART 19--SMALL BUSINESS PROGRAMS


19.811-1   [Amended]

0
4. Amend section 19.811-1 in the last sentence of paragraph (a) by 
removing ``36.701(b)'' and adding ``36.701(a)'' in its place.

PART 36--CONSTRUCTION AND ARCHITECT ENGINEER CONTRACTS


36.213-2  [Amended]

0
5. Amend section 36.213-2--
0
a. In the first sentence of paragraph (a) by removing ``send'' and 
adding ``issue'' in its place; and removing ``to prospective bidders'';
0
b. By removing paragraph (b)(6) and redesignating paragraphs (b)(7), 
(b)(8), and (b)(9) as (b)(6), (b)(7), and (b)(8), respectively.


36.701  [Amended]

0
6. Amend section 36.701 by removing paragraph (a) and redesignating 
paragraphs (b), (c), (d), and (e) as (a), (b), (c), and (d), 
respectively.

PART 53--FORMS


53.213   [Amended]

0
7. Amend section 53.213 in paragraph (f)(4) by removing ``36.701(c)'' 
and adding ``36.701(b)'' in its place.

[[Page 59700]]

53.236-1   [Amended]

0
8. Amend section 53.236-1 by removing paragraph (a) and redesignating 
paragraphs (b), (c), (d), (e), (f), and (g) as (a), (b), (c), (d), (e), 
and (f), respectively; in newly redesignated paragraph (a) by removing 
``36.701(e)'' and adding ``36.701(d)'' in its place; in newly 
redesignated paragraph (d)(2) by removing ``36.701(b)'' and adding 
``36.701(a)'' in its place; in newly redesignated paragraph (e)(2) by 
removing ``36.701(c)'' and adding ``36.701(b)'' in its place; and in 
newly redesignated paragraph (f) by removing ``36.701(d)'' and adding 
``36.701(c)'' in its place.


53.301-1417   [Removed]

0
9. Remove section 53.301-1417.
[FR Doc. 04-22244 Filed 10-4-04; 8:45 am]
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