Acquisition Reform: Regulatory Implementation of the Federal Acquisition
Streamlining Act of 1994 (Letter Report, 06/28/96, GAO/NSIAD-96-139).
Pursuant to a legislative requirement, GAO reviewed federal agencies'
compliance with the Federal Acquisition Streamlining Act's (FASA)
requirements for publishing revised procurement regulations, focusing
on: (1) whether all regulations necessary to implement the act were
published accordingly; and (2) efforts to make the regulations concise
and understandable.
GAO found that: (1) except in two instances, all proposed revisions to
the federal acquisition regulations (FAR) needed to implement FASA were
published by the May 11, 1995 FASA deadline; (2) the proposed regulation
on fraud remedies was published 1 day late and the implementing
regulation on alternatives to payment bonds had not been published as of
March 1996; (3) 13 of the 29 FAR needed to implement FASA were published
in final form by the September 8, 1995 deadline and two regulations were
issued in interim form; (4) 11 additional final FAR were published by
October 1, 1995; (5) in addition to the regulation on payment bond
alternatives, regulations on multiyear contracting and small
disadvantaged businesses had not been published by October 1, 1995; (6)
the factors that slowed the revision process included translating FASA
language and addressing public comments, particularly those on the more
complex, innovative, and controversial revisions; (7) there was less
compliance with FASA deadlines regarding nonFAR regulations; (8) FAR
drafting teams had considerable experience in drafting regulations and
used numerous public comments to improve the revisions; (9) certain
agencies provided training resources and explanatory materials to help
buying activities understand FASA changes and make FAR revisions concise
and understandable.
--------------------------- Indexing Terms -----------------------------
REPORTNUM: NSIAD-96-139
TITLE: Acquisition Reform: Regulatory Implementation of the
Federal Acquisition Streamlining Act of 1994
DATE: 06/28/96
SUBJECT: Procurement regulation
Public relations
Statutory limitation
Federal procurement policies
Compliance
Human resources training
Government publications
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Cover
================================================================ COVER
Report to Congressional Committees
June 1996
ACQUISITION REFORM - REGULATORY
IMPLEMENTATION OF THE FEDERAL
ACQUISITION STREAMLINING ACT
OF 1994
GAO/NSIAD-96-139
Regulatory Implementation of FASA
(705091)
Abbreviations
=============================================================== ABBREV
CRAF - Civil Reserve Air Fleet
DFARS - Defense Federal Acquisition Regulation Supplement
DOD - Department of Defense
FACNET - Federal Acquisition Computer Network
FAR - Federal Acquisition Regulation
FASA - Federal Acquisition Streamlining Act of 1994
FIRMR - Federal Information Resources Management Regulation
GSA - General Services Administration
GSBCA - General Services Administration Board of Contract Appeals
NASA - National Aeronautics and Space Administration
OFPP - Office of Federal Procurement Policy
OMB - Office of Management and Budget
TINA - Truth in Negotiations Act
Letter
=============================================================== LETTER
B-259740
June 28, 1996
Congressional Committees
The Federal Acquisition Streamlining Act of 1994 (FASA), enacted on
October 13, 1994, as Public Law 103-355, contained more than 200
sections changing the laws that govern how agencies acquire almost
$200 billion of goods and services annually. The act established
deadlines for publishing proposed and final implementing regulations,
prescribed a minimum 60-day period for public review and comment on
proposed regulations, and required regulation drafters to make every
effort to ensure that the regulations are concise and understandable.
This report responds to section 10003(a) of the act, which required
us to evaluate and report on compliance with these requirements. Our
objectives were to (1) determine whether all regulations necessary to
implement the act were published in accordance with the act's
requirements and (2) describe the efforts made to make the
regulations concise and understandable.
BACKGROUND
------------------------------------------------------------ Letter :1
FASA directed that proposed regulations be published not later than
210 days after enactment, or by May 11, 1995, and be available for
public review and comment for not less than 60 days. FASA also
required final regulations to be published not later than 330 days
after enactment, or by September 8, 1995. It also said that every
effort practicable should be made to ensure that the regulations are
concise and easily understandable by potential offerors and
government officials.
Implementing FASA has been a complex process, involving revisions to
numerous regulations, principally the Federal Acquisition Regulation
(FAR), which applies to all executive agencies.\1 Revisions also were
needed in the Defense Federal Acquisition Regulation Supplement,
other agencies' FAR supplements, and miscellaneous other regulations,
such as our Bid Protest Regulations. In addition, FASA amendments
resulted in the issuance of nonregulatory guidance, such as
Department of Defense directives and instructions.
FASA specified that some provisions were to apply to acquisitions
upon enactment, others were to apply on the date specified in final
regulations, but all provisions were to apply no later than October
1, 1995.
The Federal Acquisition Regulatory Council established a special
project to draft the necessary revisions to the FAR. In place of the
traditional defense and civilian regulatory councils and their
committees,\2 the special project had a project manager from the
Department of Defense, a deputy from the General Services
Administration, and 11 interagency drafting teams. More than 100
people staffed the special project, many with prior experience
drafting procurement regulations. The Federal Acquisition Regulatory
Council established an ambitious goal of publishing the final
revisions to the FAR by March 23, 1995.
--------------------
\1 The FAR is the primary regulation for use by all executive
agencies in their acquisition of supplies and services with
appropriated funds. Authority for revising the FAR is shared by the
three executive agencies represented on the Federal Acquisition
Regulatory Council by the Secretary of Defense, the Administrator of
General Services, and the Administrator of National Aeronautics and
Space or their designees. The Office of Federal Procurement Policy
within the Office of Management and Budget is responsible for
providing overall leadership and for ensuring action in cases where
the three agencies cannot agree or fail to issue FAR revisions in a
timely manner.
\2 Defense and civilian regulatory councils, with 29 committees
covering specialized subjects, traditionally have been responsible
for maintaining the FAR. The two-council approach was created so
that the Defense Acquisition Regulatory Council retained control over
the creation of defense-unique regulations and a newly created
Civilian Agency Acquisition Council would share responsibility for
regulations that apply governmentwide. The two councils and
committees have members from Department of Defense components, the
National Aeronautics and Space Administration, and civilian agencies.
RESULTS IN BRIEF
------------------------------------------------------------ Letter :2
With two exceptions, all proposed revisions to the FAR necessary to
implement FASA were published in the Federal Register by the
May 11, 1995, FASA deadline. The two exceptions were the proposed
regulation on fraud remedies, which was published on May 12, 1995,
and an implementing regulation for the FASA provision requiring
alternatives to payment bonds, which had not been published as of
March 15, 1996, when we completed our review.
Of the 29 FAR regulations needed to implement FASA, only 13 were
published in final form by the FASA deadline, September 8, 1995. Two
more regulations had been issued in interim form.\3 An additional 11
final FAR regulations, however, were published by October 1, 1995.
Thus, 26 of the 29 FAR revisions needed to implement FASA were in
place on the latest date that all changes directed by FASA were to
apply to government acquisitions.\4 According to officials involved
in managing the regulation drafting project, key factors that slowed
the process included (1) translating FASA language into regulations
useful to contracting officers and (2) addressing public comments,
especially on the more complex, innovative, or controversial
regulations. In general, there was less compliance with FASA
deadlines with respect to the non-FAR regulations.
Appendix I lists the final regulations that were published by the
FASA deadline, those that were published by October 1, and the status
of those regulations that were not published in final form by either
of these dates. Appendix II summarizes how each of the 204 FASA
sections has been implemented, through regulation or otherwise.
The FAR drafting teams devoted considerable effort toward making FASA
regulations concise and understandable. Many team members had
previous experience both in writing regulations and in using them, as
well as expertise in the different subject areas. Team staffing
included legal advisers and executive branch officials familiar with
FASA's progress from legislative proposal to enactment. Some team
leaders told us that they were able to draw upon regulatory proposals
already underway before FASA was enacted. They also told us that
some teams consulted subject matter experts. Among the resources
available to the teams was the FAR Drafting Conventions Guide, issued
in October 1994, which included a chapter on clear writing.
When proposed regulations were circulated to federal agencies or
published in the Federal Register, the drafting teams received
hundreds of comments. In addition, the Federal Acquisition
Regulatory Council, project managers, and drafting teams held public
meetings to hear presentations from anyone who wanted to present oral
comments on seven proposed regulations. Presenters included agency
and industry personnel. Both project managers and drafting teams
said that the comments they received helped them to create a better
final product. These comments are available at the FAR Secretariat,
the office that supports publication of regulations.
Other efforts were made to make the regulations understandable to
those who have to use them. The Office of the Secretary of Defense,
the Federal Acquisition Institute, and the FASA implementation
project worked together to develop a number of different training
resources and explanatory materials that would help buying activities
understand FASA changes. The training was designed to explain the
impact of the new regulations to the acquisition workforce in detail.
Training resources included the following:
-- a five-part videotape series, entitled "FASA: Making It Work,"
which portrayed operational use of new policies and procedures
to conduct different types of procurements;
-- viewer reference materials, including flowcharts and briefing
charts, that synopsized and highlighted key points;
-- live, televised call-in question and answer sessions with
drafting team leaders and other procurement experts, which were
subsequently made available on videotapes and in written form;
-- a side-by-side comparison of changes to the FAR with previous
text of the FAR; and
-- a process-oriented Guide to FAR Changes that highlighted changes
in conducting procurements in such areas as publicizing proposed
procurements, establishing reasonableness of prices, and
responding to bid protests.
Officials responsible for sponsoring FASA training estimated that
approximately 15,000 people viewed the five-part series when it was
broadcast, and 1,600 people requested materials that were available
following the broadcasts.
--------------------
\3 Interim regulations must be followed, but are subject to change
before being made final.
\4 The three regulations that were not in place by October 1, 1995,
related to alternatives to payment bonds, multiyear contracting, and
small disadvantaged businesses.
AGENCY COMMENTS
------------------------------------------------------------ Letter :3
We asked the Departments of Defense, Labor, and Transportation, as
well as the Office of Federal Procurement Policy, the General
Services Administration, and the National Aeronautics and Space
Administration to review and comment on a draft of this report. The
Department of Defense orally responded that it generally agreed with
the report but offered some editorial and technical suggestions that
have been incorporated in the final report. The General Services
Administration orally responded with some concerns and editorial and
technical suggestions; its concerns and suggestions were discussed
and incorporated in the final report. The Departments of Labor and
Transportation, the Office of Federal Procurement Policy, and the
National Aeronautics and Space Administration indicated their
agreement with the report's contents.
---------------------------------------------------------- Letter :3.1
Appendix III describes our scope and methodology.
We are sending copies of this report to the Director, Office of
Management and Budget; the Secretaries of Defense, Labor, and
Transportation; the Administrator for Federal Procurement Policy; the
Administrator of General Services; the Administrator of National
Aeronautics and Space; and other interested congressional committees.
We also will make copies available to others upon request.
Please contact me or my Associate Director, David E. Cooper, at
(202) 512-4841 if you or your staff have any questions concerning
this report. Major contributors to this report were Philip A.
Goulet,
Anne W. Howe, Maureen A. Murphy, and William T. Woods.
Louis J. Rodrigues
Director, Defense Acquisitions Issues
List of Congressional Committees
The Honorable Ted Stevens
Chairman
The Honorable John Glenn
Ranking Minority Member
Committee on Governmental Affairs
United States Senate
The Honorable Strom Thurmond
Chairman
The Honorable Sam Nunn
Ranking Minority Member
Committee on Armed Services
United States Senate
The Honorable Christopher S. Bond
Chairman
The Honorable Dale Bumpers
Ranking Minority Member
Committee on Small Business
United States Senate
The Honorable William F. Clinger
Chairman
The Honorable Cardiss Collins
Ranking Minority Member
Committee on Government Reform and Oversight
House of Representatives
The Honorable Floyd Spence
Chairman
The Honorable Ronald Dellums
Ranking Minority Member
Committee on National Security
House of Representatives
The Honorable Jan Meyers
Chairwoman
The Honorable John J. LaFalce
Ranking Minority Member
Committee on Small Business
House of Representatives
REGULATORY IMPLEMENTATION OF THE
FEDERAL ACQUISITION STREAMLINING
ACT OF 1994
=========================================================== Appendix I
This appendix lists, by status, the regulations necessary to
implement the Federal Acquisition Streamlining Act of 1994 (FASA).
The list of regulations provides titles, citations to the Federal
Register, and effective dates, if regulations have been published.
Regulations are listed in four categories. The first category
contains final regulations that were published by FASA's deadline for
final regulations of September 8, 1995. The second category contains
additional final regulations that were published after September 8,
1995, but by October 1, 1995. The third category contains interim
regulations published by September 8, 1995, and in effect on October
1, 1995, and the fourth category contains descriptions of other
implementation. Required regulations were published to revise the
Federal Acquisition Regulation (FAR), the Defense Federal Acquisition
Regulation Supplement (DFARS), and several other regulations.
FINAL REGULATIONS PUBLISHED BY
SEPTEMBER 8, 1995
--------------------------------------------------------- Appendix I:1
1. FAR, Past Performance Information, 60 Fed. Reg. 16718 (Mar.
31, 1995), effective May 30, 1995.
2. Rules of Procedure of the General Services Administration Board
of Contract Appeals, 60 Fed. Reg. 17023 (Apr. 4, 1995), effective
May 5, 1995.
3. Standards of Conduct and Joint Ethics Regulation, 60 Fed. Reg.
20029 (Apr. 24, 1995), effective November 2, 1994.
4. DFARS, Miscellaneous Amendments, 60 Fed. Reg. 29491 (June 5,
1995), effective May 17, 1995. The final rule deleted DFARS language
that addressed the requirement for competitive prototyping for major
acquisition programs, as directed by Under Secretary of Defense,
Acquisition and Technology, memorandum dated May 4, 1995. FASA
section 3006 repealed 10 U.S.C. 2438, the statutory basis for the
requirement.
5. FAR, Debarment, Suspension, and Ineligibility (Ethics), 60 Fed.
Reg. 33064 (June 26, 1995), effective August 25, 1995.\1
6. DFARS, Rights in Technical Data, 60 Fed. Reg. 33464 (June 28,
1995), effective June 30, 1995, applicable for solicitations issued
on or after September 29, 1995.
7. DFARS, Comprehensive Small Business Subcontracting Plans,
60 Fed. Reg. 35668 (July 10, 1995), effective July 10, 1995. No
proposed regulation was published.\2
8. FAR, Procurement Integrity (Ethics), 60 Fed. Reg. 37773 (July
21, 1995), effective September 19, 1995.
9. FAR, Officials Not to Benefit (Ethics), 60 Fed. Reg. 37773
(July 21, 1995), effective September 19, 1995.
10. FAR, Whistleblower Protections for Contractor Employees
(Ethics),
60 Fed. Reg. 37774 (July 21, 1995), effective September 19, 1995.
11. FAR, Repeal of Requirements for Secretarial/Agency Head
Determinations Regarding Use of Cost Type or Incentive Contracts,
60 Fed. Reg. 37777 (July 21, 1995), effective September 19, 1995.
12. FAR, Service Contract Funding, 60 Fed. Reg. 37778 (July 21,
1995), effective August 21, 1995. No proposed regulation was
published.\3
13. GAO, Administrative Practice and Procedure, Bid Protest
Regulations, Government Contracts, 60 Fed. Reg. 40737 (Aug. 10,
1995), effective October 1, 1995.
14. FAR, Consolidation and Revision of the Authority to Examine
Records, 60 Fed. Reg. 42649 (Aug. 16, 1995), effective October 1,
1995.
15. FAR, Contract Award Implementation, 60 Fed. Reg. 42652
(Aug. 16, 1995), effective October 1, 1995.
16. FAR, Penalties on Unallowable Indirect Costs, 60 Fed. Reg.
42657
(Aug. 16, 1995), effective October 1, 1995.
17. FAR, Implementation of Various Cost Principle Provisions,
60 Fed. Reg. 42659 (Aug. 16, 1995), effective October 1, 1995.
18. FAR, Entertainment, Gift, and Recreation Costs for Contractor
Employees, 60 Fed. Reg. 42662 (Aug. 16, 1995), effective October
1, 1995.
19. FAR, Contractor Overhead Certification, 60 Fed. Reg. 42663
(Aug. 16, 1995), effective October 1, 1995.
20. General Services Administration Acquisition Regulation,
Leasing Real Property, 60 Fed. Reg. 42793 (Aug. 17, 1995),
effective August 16, 1995.
--------------------
\1 This was published simultaneously with revision of the
nonprocurement debarment and suspension Common Rule, which requires
that suspensions, debarments, and other exclusions from federal
programs apply governmentwide to both procurement and nonprocurement
activities. (The nonprocurement Common Rule was issued as final
regulations by participating executive branch agencies, with the
exception of the Department of Transportation, which issued interim
final regulations with an opportunity to comment [60 Fed. Reg.
33037, June 26, 1995].)
\2 41 U.S.C. 418b requires that a procurement regulation be
published if it has (1) a significant effect beyond the internal
operating procedures of the issuing agency or (2) a significant cost
or administrative impact on contractors or offerors. Even though
FASA required publication of proposed implementing regulations, this
regulation did not have the attributes stated in 41 U.S.C. 418b that
require publication.
\3 See footnote 2.
FINAL REGULATIONS PUBLISHED BY
OCTOBER 1, 1995
--------------------------------------------------------- Appendix I:2
1. FAR, Truth in Negotiations Act and Related Changes, 60 Fed. Reg.
48208 (Sept. 18, 1995), effective October 1, 1995.
2. FAR, Protests, Disputes and Appeals, 60 Fed. Reg. 48224 (Sept.
18, 1995), effective October 1, 1995.
3. FAR, Acquisition of Commercial Items, 60 Fed. Reg. 48231
(Sept. 18, 1995), effective October 1, 1995 (optional for
solicitations issued before Dec. 1, 1995; mandatory for
solicitations issued after Dec. 1, 1995).
4. FAR, Small Business, 60 Fed. Reg. 48258 (Sept. 18, 1995),
effective October 1, 1995.
5. FAR, Subcontractor Payments, 60 Fed. Reg. 48272 (Sept. 18,
1995), effective October 1, 1995.
6. FAR, Reimbursement of Protest Costs, 60 Fed. Reg. 48274
(Sept. 18, 1995), effective October 1, 1995.
7. FAR, Contract Financing, 60 Fed. Reg. 49707 (Sept. 26, 1995),
effective October 1, 1995.
8. FAR, Special Contracting Methods, 60 Fed. Reg. 49720 (Sept.
26, 1995), effective October 1, 1995.
9. FAR, Task and Delivery Order Contracts (final and interim rule),
60 Fed. Reg. 49723 (Sept. 26, 1995), effective October 1, 1995.
The interim rule consists of section 16.500, which was added to FAR
Part 16--Types of Contracts.
10. FAR, Fraud Remedies, 60 Fed. Reg. 49728 (Sept. 26, 1995),
effective October 1, 1995.
11. FAR, Assignment of Claims, 60 Fed. Reg. 49729 (Sept. 26,
1995), effective October 1, 1995.
INTERIM REGULATIONS PUBLISHED
BY SEPTEMBER 8, 1995
--------------------------------------------------------- Appendix I:3
1. FAR, Micro-Purchase Procedures, 59 Fed. Reg. 64786 (Dec. 15,
1994), effective December 15, 1994.
2. FAR, Simplified Acquisition Procedures/FACNET, 60 Fed. Reg.
34741 (July 3, 1995), effective July 3, 1995.\4
3. DFARS, Contract Award (Interim), 60 Fed. Reg. 40106 (Aug. 7,
1995), effective August 7, 1995. Converted to a final rule, 60 Fed.
Reg. 61586 (Nov. 30, 1995).
--------------------
\4 This regulation was published simultaneously with Electronic
Contracting, which is an interim regulation to amend the FAR to
address use of electronic commerce/electronic data interchange in
federal government contracting (60 Fed. Reg. 34735 [July 3, 1995]).
The Electronic Contracting interim regulation and the Simplified
Acquisition Procedures/FACNET (Federal Acquisition Computer Network)
interim regulation are interdependent and meant to be considered
jointly.
OTHER IMPLEMENTATION
--------------------------------------------------------- Appendix I:4
PROPOSED REGULATIONS
PUBLISHED BY
OCTOBER 1, 1995
------------------------------------------------------- Appendix I:4.1
1. FAR, Travel Costs, 59 Fed. Reg. 64542 (Dec. 14, 1994). FASA
section 2191 repealed the statutory basis for the existing
regulation. The Federal Acquisition Regulatory Council withdrew the
proposed rule in its notice of public meeting
(60 Fed. Reg. 27471, May 24, 1995).
2. FAR, Small Business, 60 Fed. Reg. 2302 (Jan. 6, 1995).
Portions covering small disadvantaged businesses (to implement FASA
section 7102) were withheld from the final regulation pending
executive branch review of affirmative action following the Adarand
Supreme Court decision.\5 Those portions relating to small
disadvantaged business set-asides and the evaluation preference for
small disadvantaged businesses were established as a separate FAR
Case, 94-781. Other portions relating to the small business
reservation (FASA section 4004) were transferred to the Simplified
Acquisition Procedures/FACNET interim regulation. Other coverage in
the proposed rule was incorporated into the final regulation at 60
Fed. Reg. 48258 (Sept. 18, 1995).
3. FAR, Special Contracting Methods, 60 Fed. Reg. 14340 (Mar. 16,
1995). Sections covering new procedures for multiyear contracting
were not published in final form pending further Office of Management
and Budget review and were established as FAR Case 94-712 for
separate processing. Most of the coverage in the proposed rule was
incorporated into the final regulation at 60 Fed. Reg. 49720 (Sept.
26, 1995).
4. DFARS, Contract Award (Proposed), 60 Fed. Reg. 40146 (Aug. 7,
1995). Regulations implementing FASA sections 1505 and 2402 were
made final in 61 Fed. Reg. 7739 (Feb. 29, 1996).
--------------------
\5 The Supreme Court's decision in Adarand Constructors, Inc. v.
Pena, 115 S. Ct. 2097 (1995), set forth a new standard for
evaluating the constitutionality of race-based affirmative action
programs, and the President directed on July 19, 1995, that executive
agencies review affirmative action programs under that standard.
PROPOSED REGULATIONS
PUBLISHED AFTER
OCTOBER 1, 1995
------------------------------------------------------- Appendix I:4.2
1. DFARS, Cost Principles, 60 Fed. Reg. 53320
(Oct. 13, 1995).
2. DFARS, Truth in Negotiations Act and Related Changes, 60 Fed.
Reg. 54326 (Oct. 23, 1995). This publication includes the proposed
deletion of DFARS language that implemented 10 U.S.C. 2406, the
primary statute covering work measurement systems, which was repealed
by FASA section 2201(b).
3. DFARS, Multiyear Contracting and Other Miscellaneous Provisions,
60 Fed. Reg. 56972 (Nov. 13, 1995).
INTERIM REGULATIONS
PUBLISHED AFTER
OCTOBER 1, 1995
------------------------------------------------------- Appendix I:4.3
1. DFARS, Miscellaneous Amendments, 60 Fed. Reg. 61586 (Nov. 30,
1995). This publication includes interim implementation of FASA
defense-unique commercial contracting provisions, effective November
30, 1995.
REGULATIONS NOT PUBLISHED BY
MARCH 15, 1996
------------------------------------------------------- Appendix I:4.4
1. FASA section 1022, Revision and Reorganization of Multiyear
Contracting Authority, to be implemented in the National Aeronautics
and Space Administration FAR Supplement and Department of
Transportation Acquisition Regulation pertaining to the United States
Coast Guard. Agency officials told us they were waiting for FAR
multiyear contracting coverage before issuing regulations.
2. FASA section 1439, Oversight of Acquisition of Automatic Data
Processing Equipment by Federal Agencies. This section was to be
implemented in the General Services Administration's Federal
Information Resources Management Regulation. However, the oversight
authority of the General Services Administration was repealed by
section 5101 of the Information Technology Management Reform Act of
1996
(P.L. 104-106, sections 5001-5703).
3. FASA section 4104(b), Miller Act. FASA section 4104(b)(2)(A)
requires alternatives to payment bonds as payment protections for
suppliers of labor and materials. Publication of an interim rule
under FAR Case 95-301 was pending in the spring of 1996, according to
the Deputy Project Manager for the Implementation of FASA.\6
4. FASA section 7105, Extension of Defense Contract Goal to Coast
Guard and National Aeronautics and Space Administration, to be
implemented in DFARS, the National Aeronautics and Space
Administration FAR Supplement, and the Department of Transportation
Acquisition Regulation pertaining to the United States Coast Guard
(awaiting executive branch review of federal affirmative action
programs following the Adarand Supreme Court decision).\7
5. FASA sections 7301-7306, Community Improvement Volunteer Act of
1994, to be implemented in Department of Labor regulations.
6. FASA section 8301, Inapplicability of Certain Provisions of Law.
Section 8301(d) exempts firm fixed-price contracts or subcontracts
(without cost incentives) for commercial items from cost accounting
standards promulgated by the Cost Accounting Standards Board. The
Cost Accounting Standards Board did not amend regulations at 48
C.F.R. 9903.201-1 to reflect this change. However, in a memorandum
dated December 18, 1995, the Chairman of the Cost Accounting
Standards Board notified senior procurement executives that the Board
delegated to federal procuring agencies the authority to waive the
application of cost accounting standards to individual firm
fixed-price contracts for the acquisition of commercial items, when
cost or pricing data is not obtained.
--------------------
\6 Pending required implementation of FASA section 4104 (b)(2)(A) in
the FAR, an interim DFARS rule providing alternatives to payment
bonds for Department of Defense agencies was published and effective
on August 31, 1995 (60 Fed. Reg. 45376). Revisions, still interim,
were published later
(61 Fed. Reg. 3600 and 61 Fed. Reg. 7739).
\7 See footnote 5.
ANALYSIS OF IMPLEMENTATION OF
FASA SECTIONS
========================================================== Appendix II
This appendix provides a section-by-section guide to FASA
implementation. The first two columns of table II.1 set out all FASA
sections and titles, followed by brief synopses in the third column.
The remaining five columns under the "Implementation" heading provide
either citations for regulatory implementation or other explanatory
information if the FASA section did not require regulatory
implementation. We used the following five implementation
categories:
-- Final regulation published by September 8, 1995. Regulatory
implementation met FASA's deadline for publication in final
form.
-- Final regulation published by October 1, 1995. Although not
published by September 8, 1995, the regulation was published in
final form by the latest date all FASA provisions of law became
applicable.
-- Proposed regulation published by October 1, 1995. This category
includes references to regulations published only in proposed
form by
October 1, 1995.
-- Other. This category consists of regulatory implementation or
other status as follows:
interim regulations, which must be followed, but remain subject to
change when made final and
FASA sections for which no regulatory implementation has been
published in any form.
-- No regulatory implementation required. This category includes
information relating to FASA sections that did not require
revising regulations in the Code of Federal Regulations. The
reasons for this include the following:
FASA changes were technical in nature (e.g., editorial revisions or
changes made to achieve conformity with other laws);
existing regulations were sufficient to cover FASA's content and did
not need revision; or
FASA was implemented through other types of actions, not by revising
regulations.
The 204 sections of FASA were grouped into the following 10 titles:
-- Title I--Contract Formation
-- Title II--Contract Administration
-- Title III--Service Specific and Major Systems Statutes
-- Title IV--Simplified Acquisition Threshold
-- Title V--Acquisition Management
-- Title VI--Other Procurement-Related Matters
-- Title VII--Small Business and Socioeconomic Laws
-- Title VIII--Commercial Items
-- Title IX--Federal Acquisition Computer Network
-- Title X--Effective Dates and Implementation
Table II.1
FASA Implementation
Final
regulation Final Proposed
published by regulation regulation No regulatory
September 8, published by published by implementation
FASA section Section title Synopsis 1995 October 1, 1995 October 1, 1995 Other required
------------ ------------------------ ------------------------------------------------- --------------- -- --------------- --------------- --------------- -------------------
1001 References to Federal Deletes obsolete reference to the FAR. Technical change.
Acquisition Regulation
(see 1051)
1002 Establishment or Authorizes exclusion of a source of supply to 60 Fed. Reg.
Maintenance of ensure the continuous availability of a reliable 42652 (Aug. 16,
(see 1052) Alternative Sources of source; satisfy projected needs as determined by 1995)
Supply a history of high demand; or satisfy a critical
need for medical, safety, or emergency supplies. FAR,
48 C.F.R. 6.202
1003 Clarification of Permits justifications for the use of other than 60 Fed. Reg.
Approval Authority for competitive procedures for contracts over 42652 (Aug. 16,
(see 1053) Use of Procedures Other $100,000, but not over $1 million, to be approved 1995)
Than by officials with authority to approve the use of
Full and Open such procedures for contracts that exceed $1 FAR,
Competition million. 48 C.F.R. 6.304
1004 Task and Delivery Order Codifies existing general authority for the use 60 Fed. Reg. 60 Fed. Reg.
Contracts of task and delivery order contracts and 49723 (Sept. 49723 (Sept.
(see 1054) authorizes agencies to enter into such contracts 26, 1995) 26, 1995)
for advisory and assistance services (with
mandatory multiple awards for advisory and Revised FAR Added interim
assistance contracts exceeding 3 years and subpart 16.5 rule at FAR
$10 million in value). and made 16.500, which
various defines the
conforming scope of FAR
amendments at: subpart 16.5.
52.216-18;
52.216-19;
52.216-20;
52.216-21;
52.216-22;
52.216-27;
52.216-28
1005 Acquisition of Expert Authorizes the use of other than competitive 60 Fed. Reg.
Services procedures to acquire expert services for use in 42652 (Aug. 16,
(see 1055) litigation or disputes involving the federal 1995)
government.
FAR,
48 C.F.R.
5.202; 5.301;
6.302-3
1011 Source Selection Factors Requires the disclosure of evaluation factors and 60 Fed. Reg.
subfactors, including past performance as well as 42652 (Aug. 16,
(see 1061) cost or price. Solicitation must state whether or 1995)
not discussions will be held before award.
Requires disclosure of relative importance of FAR,
technical factors as compared to cost or price. 48 C.F.R.
15.406-5;
15.407; 15.605;
15.610; 52.215-
16
1012 Solicitation Provision Provides that a solicitation for contracts to be 60 Fed. Reg.
Regarding Evaluation of awarded using sealed bid procedures cannot 42652 (Aug. 16,
(see 1062) Purchase Options include clause providing for evaluation of option 1995)
pricing, unless it is reasonably likely that the
option will be exercised. FAR,
48 C.F.R.
17.202; 17.208
1013 Prompt Notice of Award Requires award notification to unsuccessful 60 Fed. Reg.
offerors or bidders by written or electronic 42652 (Aug. 16,
(see 1063) means within 3 days after contract award. 1995)
FAR,
48 C.F.R.
2.101; 14.408-
1; 14.409-1;
15.1002;
15.1003;
25.405; 36.304
1014 Post-Award Debriefings Requires unsuccessful offerors to be debriefed 60 Fed. Reg.
upon written request received within 3 days after 42652 (Aug. 16,
(see 1064) offeror receives notice of contract award. 1995)
Debriefing should take place within 5 days "to
the maximum extent practicable." Sets out FAR,
categories of information to be discussed and 48 C.F.R.
prohibits point-by-point comparison of offerors. 2.101; 14.409-
1;15.1004;
25.405; 36.607;
52.215-16
1015 Protest File Requires procuring activity to establish file for 60 Fed. Reg.
protests to Comptroller General at the request of 48224 (Sept.
(see 1065) an actual or prospective offeror. Others must be 18, 1995)
provided reasonable access to file.
FAR,
48 C.F.R.
33.104
1016 Agency Actions on Authorizes agency head to take action, including 60 Fed. Reg.
Protests recompetition, termination, or issuance of a new 48224 (Sept.
(see 1066) solicitation, if he or she determines that a 18, 1995)
solicitation, proposed award, or award does not
comply with the requirements of law or FAR,
regulation. The agency head may also pay protest 48 C.F.R.
costs and bid and proposal preparation costs. 33.102
1021 Repeal of Requirement Repeals requirement for a determination prior to 60 Fed. Reg.
for Secretarial the use of cost-type or incentive-type contracts. 37777
(see 1071) Determination Regarding (July 21,
Use of Cost Type or 1995)
Incentive
Contracts FAR,
48 C.F.R.
16.301-3;
16.306; 16.403;
16.403-1;
16.403-2;
36.606
1022 Revision and Revises and reorganizes multiyear contracting 60 Fed. Reg. 60 Fed. Reg.
Reorganization of authority of the Department of Defense (DOD), 14340 (Mar. 16, 56972 (Nov. 13,
(see 1072) Multiyear Contracting National Aeronautics and Space Administration 1995) 1995) (Proposed
Authority (NASA), and the U.S. Coast Guard. rule)
FAR,
48 C.F.R. 17.1 DFARS,
48 C.F.R.
217.1
NASA and the
U.S. Coast
Guard are also
required to
draft
regulations
under this
section.
1031 Repeal of Requirement Repeals requirement for annual reports by DOD No action
for Annual Report by competition advocates. required.\a
(see 1092) Advocates for
Competition
1051 References to Federal Deletes obsolete reference to the FAR. Technical change.
Acquisition Regulation
(see 1001)
1052 Establishment or Authorizes exclusion of a source of supply to 60 Fed. Reg.
Maintenance of ensure the continuous availability of a reliable 42652 (Aug. 16,
(see 1002) Alternative Sources of source; satisfy projected needs as determined by 1995)
Supply a history of high demand; or satisfy a critical
need for medical, safety, or emergency supplies. FAR,
48 C.F.R. 6.202
1053 Clarification of Permits justifications for the use of other than 60 Fed. Reg.
Approval Authority for competitive procedures for contracts over 42652 (Aug. 16,
(see 1003) Use of Procedures Other $100,000, but not over $1 million, to be approved 1995)
Than by officials with authority to approve the use of
Full and Open such procedures for contracts that exceed $1 FAR,
Competition million. 48 C.F.R. 6.304
1054 Task and Delivery Order Codifies existing general authority for the use 60 Fed. Reg. 60 Fed. Reg.
Contracts of task and delivery order contracts and 49723 (Sept. 49723 (Sept.
(see 1004) authorizes agencies to enter into such contracts 26, 1995) 26, 1995)
for advisory and assistance services (with
mandatory multiple awards for advisory and Revised FAR Added interim
assistance contracts exceeding 3 years and subpart 16.5 rule at FAR
$10 million in value). and made 16.500, which
various defines the
conforming scope of FAR
amendments at: subpart 16.5.
52.216-18;
52.216-19;
52.216-20;
52.216-21;
52.216-22;
52.216-27;
52.216-28
1055 Acquisition of Expert Authorizes the use of other than competitive 60 Fed. Reg.
Services procedures to acquire expert services for use in 42652 (Aug. 16,
(see 1005) litigation or disputes involving the federal 1995)
government. Repeals exemption from Competition in
Contracting Act requirements applicable to FAR,
certain Internal Revenue Service contracts 48 C.F.R.
involving tax return examination or litigation. 5.202; 5.301;
6.302-3
1061 Solicitation, Requires the disclosure of evaluation factors and 60 Fed. Reg.
Evaluation, subfactors, including past performance, as well 42652 (Aug. 16,
(see 1011) and Award as cost or price. Authorizes civilian agencies to 1995)
make awards without discussions if solicitation
states that this will be done. Solicitation must FAR,
state whether or not discussions will be held 48 C.F.R.
before award. Requires disclosure of relative 15.406-5;
importance of technical factors as compared to 15.407; 15.605;
cost or price. 15.610; 52.215-
16
1062 Solicitation Provision Provides that a solicitation for contracts to be 60 Fed. Reg.
Regarding Evaluation of awarded using sealed bid procedures cannot 42652 (Aug. 16,
(see 1012) Purchase Options include clause providing for evaluation of option 1995)
pricing, unless it is reasonably likely that the
option will be exercised. FAR,
48 C.F.R.
17.202; 17.208
1063 Prompt Notice of Award Requires award notification to unsuccessful 60 Fed. Reg.
offerors or bidders by written or electronic 42652 (Aug. 16,
(see 1013) means within 3 days after contract award. 1995)
FAR,
48 C.F.R.
2.101; 14.408-
1; 14.409-1;
15.1002;
15.1003;
25.405; 36.304
1064 Post-award Debriefings Requires unsuccessful offerors to be debriefed 60 Fed. Reg.
upon written request received within 3 days after 42652 (Aug. 16,
(see 1014) offeror receives notice of contract award. 1995)
Debriefing should take place within 5 days "to
the maximum extent practicable." Sets out FAR,
categories of information to be discussed and 48 C.F.R.
prohibits point-by-point comparison of offerors. 2.101; 14.409-
1; 15.1004;
25.405; 36.607;
52.215-16
1065 Protest File Requires procuring activity to establish file for 60 Fed. Reg.
protests to Comptroller General at the request of 48224 (Sept.
(see 1015) an actual or prospective offeror. Others must be 18, 1995)
provided reasonable access to file.
FAR,
48 C.F.R.
33.104
1066 Agency Actions on Authorizes agency head to take action, including 60 Fed. Reg.
Protests recompetition, termination, or issuance of a new 48224 (Sept 18,
(see 1016) solicitation, if he or she determines that a 1995)
solicitation, proposed award, or award does not
comply with the requirements of law or FAR,
regulation. The agency head may also pay protest 48 C.F.R.
costs and bid and proposal preparation costs. 33.102
1071 Repeal of Agency Head Repeals requirement for a determination prior to 60 Fed. Reg.
Determination Regarding the use of cost-type or incentive-type contracts. 37777
(see 1021) Use of Cost Type or (July 21,
Incentive Contract 1995)
FAR,
48 C.F.R.
16.301-3;
16.306; 16.403;
16.403-1;
16.403-2;
36.606
1072 Multiyear Contracting Authorizes civilian agencies to enter into 60 Fed. Reg.
Authority multiyear contracts if funds are available, 14340 (Mar. 16,
(see 1022) demand for product is reasonably firm, and 1995)
contract is in the best interest of the United
States. Congress must be notified before award of FAR,
any contract containing a cancellation ceiling 48 C.F.R. 17.1
over $10 million.
1073 Severable Services Authorizes civilian agency heads to enter into 60 Fed. Reg.
Contracts Crossing contracts for procurement of severable services 37778
Fiscal Years for a period that begins in one fiscal year and (July 21,
ends in the next, if the contract period does not 1995)
exceed 1 year, excluding options.
FAR,
48 C.F.R.
32.703-3;
37.106
1074 Economy Act Purchases Requires revision of FAR provisions governing 60 Fed. Reg.
federal agency authority to purchase goods and 49720 (Sept.
services under contracts entered into or 26, 1995)
administered by other agencies.
FAR,
48 C.F.R. 17.5
1091 Policy Regarding Requires the Administrator of the Office of 60 Fed. Reg. See also A
Consideration of Federal Procurement Policy (OFPP) to provide 16718 (Mar. 31, Guide to Best
Contractor Past guidance regarding the consideration of past 1995) Practices for
Performance performance. Guidance to include evaluation Past
standards, information collection and maintenance FAR, Performance
provisions, and policy to ensure offeror has 48 C.F.R. (OFPP, interim
opportunity to submit and have past performance 9.104-1; 9.105- edition, May
information considered. 1; 15.406-5; 1995)
15.604; 15.605;
15.608; 15.610;
15.1003;
42.302; 42.15
1092 Repeal of Requirement Repeals former requirement for agency heads to No action
for Annual Report on report to Congress on actions taken to increase required.\a
(see 1031) Competition competition and to decrease the number and dollar
value of noncompetitive contracts.
1093 Discouragement of Requires the FAR Council to promulgate The FAR already had
Nonstandard Contract regulations to discourage the use of nonstandard standard clauses,
Clauses contract clauses on a repetitive basis. and FAR Part 1
allows for
authorized
deviations.
1201 Stabilization of Dollar Establishes a permanent $500,000 threshold for 60 Fed. Reg.
Threshold of the submission of cost or pricing data under the 48208 (Sept.
(see 1251) Applicability Truth in Negotiations Act (TINA) for DOD, NASA, 18, 1995)
and the U.S. Coast Guard.
FAR,
48 C.F.R.
15.804-2
1202 Exceptions to Cost or Establishes mandatory cost or pricing data 60 Fed. Reg.
Pricing Data exception when price is based on adequate 48208 (Sept.
(see 1251) Requirements competition, established catalog or market price 18, 1995)
of commercial item sold in substantial quantities
to the general public, or prices set by law or FAR,
regulation. Sets out exception for commercial 48 C.F.R.
item modifications that do not change nature of 15.804-1;
acquisition from commercial to noncommercial. 15.804-2;
15.804-3
(removed and
reserved);
15.806-1;
15.806-2;
52.215-26;
52.215-41;
52.215-42
1203 Restrictions on Authorizes agency to require submission of cost 60 Fed. Reg.
Additional Authority to or pricing data for procurements under $500,000 48208 (Sept.
(see 1251) Require Cost or Pricing only upon nondelegable written determination by 18, 1995)
Data or Other head of the procuring activity. In no event may
Information data be required if one of the statutory FAR,
exceptions set out in section 1202 applies. 48 C.F.R.
Authorizes procuring activity head to request 15.804-2;
other types of data to determine price 15.804-3
reasonableness. (removed and
reserved);
15.804-5;
15.804-6;
53.215-2
1204 Additional Special Rules Creates new exception to cost and pricing data 60 Fed. Reg.
for Commercial Items requirement in competitive procurements of 48208 (Sept.
(see 1251) commercial items where purchase is based on 18, 1995)
adequate price competition. Discusses information
to collect to determine price reasonableness when FAR,
procurement is not based on adequate competition. 48 C.F.R.
Sets out provisions related to audit of 15.106-2;
information. 15.804-1;
15.804-3
(removed and
reserved);
15.804-5;
52.215-26;
52.215-41;
52.215-42;
52.215-43
1205 Right of United States Gives agency heads the authority provided under 60 Fed. Reg.
to Examine Contractor 10 U.S.C. 2313 to examine contractor records for 42649 (Aug. 16,
(see 1251) Records the purpose of evaluating the accuracy, 1995)
completeness, and currency of cost or pricing
data. 48 C.F.R.
14.201-7;
15.106-1;
52.214-26;
52.215-2
1206 Required Regulations Requires inclusion in the FAR of a list of the 60 Fed. Reg.
types of information offerors must submit for 48208 (Sept.
(see 1251) price reasonableness determinations when 18, 1995)
certified cost or pricing data is not required.
FAR,
48 C.F.R.
15.804-5
1207 Consistency of Time Ensures consistency of time references in TINA 60 Fed. Reg.
References (10 U.S.C. 2306a). 48208 (Sept.
(see 1251) 18, 1995)
FAR,
48 C.F.R.
15.801; 15.804-
4
1208 Exception for Transfers Defines "cost and pricing data," "subcontract," 60 Fed. Reg.
Between Divisions, and "commercial item" as applicable to TINA. 48208 (Sept.
(see 1251) Subsidiaries, and "Subcontract" defined to include a transfer of 18, 1995)
Affiliates commercial items between divisions, subsidiaries,
or affiliates of a contractor or a subcontractor. FAR,
48 C.F.R.
15.801
1209 Coverage of Coast Guard Sets out TINA provisions governing interest and 60 Fed. Reg.
and NASA for Interest penalties for overpayments due to defective cost 48208 (Sept.
and Payments on Certain or pricing data made applicable to NASA and the 18, 1995)
Overpayments U.S. Coast Guard.
FAR,
48 C.F.R.
15.804-7
1210 Repeal of Superseded Repeals superseded provisions related to TINA. Technical change.
Provision
1251 Revision of Civilian Ensures uniformity of TINA requirements for 60 Fed. Reg. 60 Fed. Reg.
Agency Provisions to civilian agencies and for DOD, NASA, and the U.S. 42649 (Aug. 16, 48208 (Sept.
(see 1201- Ensure Uniform Treatment Coast Guard. 1995) 18, 1995)
1208) of Cost or Pricing Data
FAR, FAR,
48 C.F.R. 48 C.F.R.
14.201-7; 15.106-2;
15.106-1; 15.801; 15.804-
52.214-26; 1--15.804-
52.215-2 7;15.806-1;
15.806-2;
52.215-26;
52.215-41;
52.215-42;
52.215-43;
53.215-2
1252 Repeal of Obsolete Repeals section 303E of the Federal Property and 60 Fed. Reg.
Provision Administrative Services Act, which required 48208 (Sept.
(41 U.S.C. 253e) offerors of commercial items to certify lowest 18, 1995)
price or justify the difference.
FAR,
48 C.F.R.
14.214 (removed
and reserved);
15.813--
15.813-7
(removed);
52.215-32;
52.215-37
(removed and
reserved)
1301 Research Projects Technical amendments to the research and Technical change.
development project guidelines for DOD.
1401 Protest Defined Defines "protest" to include the written 60 Fed. Reg. 60 Fed. Reg.
objection to a solicitation, cancellation of a 40737 (Aug. 10, 48224 (Sept.
(see 1438) solicitation, award or proposed award, and 1995) 18, 1995)
termination or cancellation of an award if
improprieties are alleged. GAO Bid Protest FAR,
Regulations, 48 C.F.R.
4 C.F.R. Part 33.101
21
1402 Review of Protests and Changes working days to calendar days in 60 Fed. Reg. 60 Fed. Reg.
Effect on Contracts Comptroller General bid protest statutory 40737 (Aug. 10, 48224 (Sept.
Pending Decision provisions. Allows contracting officers to 1995) 18, 1995)
withhold authorization to proceed with contract
performance when a bid protest is likely and GAO Bid Protest FAR,
immediate performance would not be in the best Regulations, 48 C.F.R.
interests of the United States. 4 C.F.R. Part 33.102; 33.104;
21 52.233-3
1403 Decisions on Protests Changes working days to calendar days in bid 60 Fed. Reg. 60 Fed. Reg.
protest provisions. Requires new protest grounds 40737 (Aug. 10, 48224 (Sept.
(see 1435) to be resolved during initial time period of 1995) 18, 1995);
decision to the maximum extent practicable. 60 Fed. Reg.
Authorizes Comptroller General recommendations, GAO Bid Protest 48274
rather than directives, to agencies on payment of Regulations, (Sept. 18,
fees and costs. Authorizes capped payments of 4 C.F.R. Part 1995)
expert witness, consultant, and attorney fees. 21
(Small business concerns are excepted from FAR,
capping.) 48 C.F.R.
33.104; 52.233-
3
1404 Regulations Authorizes the Comptroller General to establish 60 Fed. Reg. 60 Fed. Reg.
procedures for electronic filing and 40737 (Aug. 10, 48224 (Sept.
(see 1437) dissemination and clarifies the computation of 1995) 18, 1995)
deadlines.
GAO Bid Protest FAR,
Regulations, 48 C.F.R.
4 C.F.R. Part 33.101
21
1431 Revocation of Authorizes the General Services Administration GSA determination
Delegations of (GSA) Administrator to revoke a delegation of that revision to
Procurement Authority procurement authority after award only in cases the Federal
involving a violation of law or regulation. Information
Resources
Management
Regulation (FIRMR)
would not be
needed.
1432 Authority of the General Sets out authority for General Services 60 Fed. Reg. 60 Fed. Reg.
Services Administration Administration Board of Contract Appeals (GSBCA) 17023 (Apr. 4, 48224 (Sept.
Board of Contract review of contracting officer decisions alleged 1995) 18, 1995)
Appeals to have violated a statute, regulation, or
condition of any procurement authority GSBCA Rules, FAR,
delegation. 48 C.F.R. Part 48 C.F.R.
6101 33.105
1433 Periods for Certain Conforms GSBCA and Comptroller General time 60 Fed. Reg. 60 Fed. Reg.
Actions schedules related to suspension hearings. 17023 (Apr. 4, 48224 (Sept.
Substitutes calendar days for working days and 1995) 18, 1995)
requires new protest grounds to be resolved
within original protest time frame to maximum GSBCA Rules, FAR,
extent practicable. Allows procurement process to 48 C.F.R. Part 48 C.F.R.
continue during protest if in best interests of 6101 33.105
the United States.
1434 Dismissals of Protests Authorizes GSBCA to dismiss protests it 60 Fed. Reg.
determines are frivolous, have been brought in 17023 (Apr. 4,
bad faith, or do not state a valid basis for 1995)
protest.
GSBCA Rules,
48 C.F.R. Part
6101.28
1435 Award of Costs Authorizes payment of consultant and expert 60 Fed. Reg. 60 Fed. Reg.
witness fees, as well as attorneys fees at capped 17023 (Apr. 4, 48224 (Sept.
(see 1403) levels in protests before the GSBCA. (Small 1995) 18, 1995);
business concerns are excepted from capping.) 60 Fed. Reg.
GSBCA Rules, 48274
48 C.F.R. Part (Sept. 18,
6101 1995)
FAR,
48 C.F.R.
33.105; 52.233-
3
1436 Dismissal Agreements Requires settlement agreements involving protest 60 Fed. Reg. 60 Fed. Reg.
dismissal and direct or indirect expenditure of 17023 (Apr. 4, 48224 (Sept.
appropriated funds to be publicly disclosed. 1995) 18, 1995)
Authorizes payments resulting from such
agreements to be made from the judgment fund, as GSBCA Rules, FAR,
appropriated in 31 U.S.C. 1304. The federal 48 C.F.R. Part 48 C.F.R.
agency concerned has to reimburse that account. 6101 33.105
1437 Matters to be Covered in Authorizes GSBCA to establish procedures for 60 Fed. Reg. 60 Fed. Reg.
Regulations electronic filing and dissemination and clarifies 17023 (Apr. 4, 48224 (Sept.
(see 1404) computation of deadlines. GSBCA procedures must 1995) 18, 1995)
allow for imposition of appropriate sanctions,
including dismissal, for frivolous and bad faith GSBCA Rules, FAR,
protests, as well as willful abuse of GSBCA's 48 C.F.R. Part 48 C.F.R.
process. 6101 33.101
1438 Definition of Protest Defines "protest" to include the written 60 Fed. Reg. 60 Fed. Reg.
objection to a solicitation, cancellation of a 17023 (Apr. 4, 48224 (Sept.
(see 1401) solicitation, award or proposed award, and 1995) 18, 1995)
termination or cancellation of an award if
improprieties are alleged. GSBCA Rules, FAR,
48 C.F.R. Part 48 C.F.R.
6101 33.101
1439 Oversight of Acquisition Requires GSA to collect and compile data Was to be
of regarding the procurement of automatic data implemented in
Automatic Data processing equipment. GSA's FIRMR.
Processing However,
Equipment by Federal section 5101 of
Agencies Public Law 104-
106 repealed
GSA's oversight
authority.
1501 Repeal of Policy Repeals superseded provision of law stating 60 Fed. Reg.
Statement congressional defense procurement policy. 37777
(July 21,
1995)
FAR,
48 C.F.R.
7.102; 11.002;
19.000; 41.103
1502 Definitions Cross-references definitions applicable to 60 Fed. Reg.
acquisitions of DOD, NASA, and the U.S. Coast 34741 (July 3,
(see 1551) Guard to definitions found in section 4 of the 1995) (Interim
OFPP Act (41 U.S.C. 403). rule)
FAR,
48 C.F.R.
13.101
1503 Delegation of Consolidates provisions related to the assignment 60 Fed. Reg. See also DOD
Procurement Functions and delegation of procurement functions within 49720 (Sept. policies and
(see 1552) DOD, NASA, and the U.S. Coast Guard. Requires the 26, 1995) procedures for
Secretary of Defense to prescribe regulations initiating and
prohibiting military departments participating in FAR, managing joint
joint acquisition programs approved by the Under 48 C.F.R. 1.6 acquisition
Secretary of Defense for Acquisition and programs in DOD
Technology from reducing participation in the Instruction
program without the approval of the Under 5000.2 (Part
Secretary. 12) revised
Feb. 26, 1993.
1504 Determinations and Authorizes agency head to make individual or No action
Decisions class determinations and decisions for purchases required.\a
(see 1553) or contracts relating to multiyear contracting,
contract financing, and records examination
authority.
1505 Restrictions on Deletes use of "expend" and requires use of 60 Fed. Reg.
Undefinitized "obligate" when computing dollar limits for 40146 (Aug. 7,
Contractual Actions undefinitized actions. Authorizes a waiver of 1995); 61 Fed.
restrictions to support contingency operations. Reg. 7739 (Feb.
29, 1996)
(Converted to a
final rule.)
DFARS,
48 C.F.R.
216.603-4;
216.703;
217.202;
217.7402;
217.7404-3;
217.7406;
252.217-7027
1506 Repeal of Requirement Repeals 10 U.S.C. 2329. 60 Fed. Reg.
Relating to Production 40106 (Aug. 7,
Special Tooling and 1995) (Interim
Production Special Test rule);
Equipment 60 Fed. Reg.
61586 (Nov. 30,
1995)
(Converted to a
final rule
without
change.)
DFARS,
48 C.F.R.
215.871
(removed and
reserved)
1507 Regulations for Bids Authorizes the Secretary of Defense to prescribe See FAR Part 14 and
regulations relating to the preparation, DFARS Part 214.
submission, and opening of bids for contracts.
1551 Definitions Cross-references civilian agency acquisition 60 Fed. Reg.
definitions to definitions found in section 4 of 34741 (July 3,
(see 1502) the OFPP Act (41 U.S.C. 403). 1995) (Interim
rule)
FAR,
48 C.F.R.
13.101
1552 Delegation of Consolidates provisions related to the assignment 60 Fed. Reg.
Procurement Functions and delegation of procurement functions within 49720 (Sept.
(see 1503) civilian agencies. 26, 1995)
FAR,
48 C.F.R. 1.6
1553 Determinations and Authorizes civilian agency head to make No action
Decisions individual or class determinations and decisions required.\a
(see 1504) for purchases or contracts relating to multiyear
contracting, contract financing, and records
examination authority.
1554 Repeal of Preference for Repeal of certain provisions of law relating to a No action
Recycled Toner preference for procurement of recycled toner required.\b
Cartridges cartridges.
1555 Cooperative Purchasing Authorizes GSA Administrator to permit state and 60 Fed. Reg. See also GSA's
local governments and certain other entities to 42652 (Aug. 16, Implementation
use GSA federal supply schedule or other 1995) Plan for
contracts. Section 1555 of
FAR, the Federal
48 C.F.R. Acquisition
51.101; 51.102 Streamlining
Act of 1994;
Cooperative
Purchasing (60
Fed. Reg.
17764, Apr. 7,
1995).
Section 4309 of
Public Law 104-
106 delayed
implementation.
2001 Contract Financing Consolidates contract financing provisions and 60 Fed. Reg.
directs the use of performance-based payments 49707 (Sept.
(see 2051) "whenever practicable." Authorizes payments for 26, 1995);
commercial items using commercial terms and
conditions when in the best interests of the FAR,
United States. 48 C.F.R.
32.000--
32.006-5; 32.1;
32.2; 32.4;
32.5; 32.10;
42.3; 52.232-
29--52.232-32
2002 Repeal of Vouchering Repeals DOD vouchering requirements in 10 U.S.C. DOD determination
Procedures Section 2355. that no revisions
to DOD guidance
would be needed.
2051 Contract Financing Consolidates contract financing provisions and 60 Fed. Reg.
directs the use of performance-based payments 49707 (Sept.
(see 2001) "whenever practicable." Authorizes payments for 26, 1995);
commercial items using commercial terms and 60 Fed. Reg.
conditions when in the best interests of the 49728 (Sept.
United States. 26, 1995)
FAR,
48 C.F.R.
32.000--
32.006-5; 32.1;
32.2; 32.4;
32.5; 32.10;
42.3; 52.232-
29--52.232-32
2091 Government-wide Directs FAR Council to modify the FAR to apply 60 Fed. Reg.
Application of Payment governmentwide payment protections previously 48272 (Sept.
Protections for applicable only to DOD contracts. 18, 1995)
Subcontractors and
Suppliers FAR,
48 C.F.R.
28.106-4;
28.106-6;
32.112-1;
32.112-2;
52.228-12
2101 Allowable Contract Costs Applies contract cost principles to DOD, NASA, 60 Fed. Reg.
and U.S. Coast Guard contracts over $500,000 42657 (Aug. 16,
(see 2151) (periodically adjusted for inflation). Exempts 1995);
firm fixed-price contracts for commercial items 60 Fed. Reg.
from provision. Adds costs of lobbying local 42659 (Aug. 16,
governmental bodies to current prohibition on 1995);
reimbursement of costs of lobbying state and 60 Fed. Reg.
federal bodies. 42663 (Aug. 16,
1995)
FAR,
48 C.F.R.
31.110; 31.205-
1; 31.205-6;
31.205-22;
31.205-43;
31.603; 31.703;
37.113--
37.113-2;
42.703-2;
42.705-1;
42.709--
42.709-6;
52.237-8;
52.237-9;
52.242-3;
52.242-4
2102 Repeal of Authority for Repeals statutory authority providing standby No action
Contract Profit Controls profit controls on defense contracts during war required.\c
During Emergency Periods or national emergency.
2151 Allowable Contract Costs Establishes contract cost principles for civilian 60 Fed. Reg.
agencies. Principles are substantially the same 42657 (Aug. 16,
(see 2101) as those applicable to DOD, NASA, and the U.S. 1995);
Coast Guard. 60 Fed. Reg.
42659 (Aug. 16,
1995);
60 Fed. Reg.
42663 (Aug. 16,
1995)
FAR,
48 C.F.R.
31.110; 31.205-
1; 31.205-6;
31.205-22;
31.205-43;
31.603; 31.703;
37.113--
37.113-2;
42.703-2;
42.705-1;
42.709--
42.709-6;
52.237-8;
52.237-9;
52.242-3;
52.242-4
2191 Travel Expenses of Repeals section 24 of the OFPP Act (41 U.S.C. The FAR Council
Government Contractors 420), which generally limited recovery of maintained the
contractor travel expenses to maximum per diem existing regulation
rates authorized for government employees. while it considered
alternative
proposed rules.
2192 Revisions of Cost Directs that the FAR be revised to prohibit 60 Fed. Reg.
Principle Relating to reimbursement of entertainment costs and that the 42662 (Aug. 16,
Entertainment, Gift, and FAR set out the specific instances in which gifts 1995)
Recreation Costs for and employee morale expenses are permissible.
Contractor Employees FAR,
48 C.F.R.
31.205-13;
31.205-14
2201 Consolidation and Consolidates audit provision, including a 60 Fed. Reg. 60 Fed. Reg.
Revision of Authority prohibition on a preaward audit related to 42649 (Aug. 16, 54326 (Oct. 23,
(see 2251) to Examine Records of indirect costs in cases where a contracting 1995) 1995) (Proposed
Contractors officer determines that audit objectives can be rule)
met with another federal agency audit not more FAR,
than 1 year old. Permits contractors to store 48 C.F.R. DFARS,
records electronically or photographically. 1.106; 4.702; 48 C.F.R.
Requires that GAO records access authority not 4.703; 4.706 215.872
include any requirement for the special creation (removed and (removed and
or maintenance of records. reserved); reserved);
4.706-1-- 215.872-1--
4.706-3 215.872-4
(removed); (removed); 48
15.106-1; C.F.R. 252.215-
15.805-5; 7000 (removed
25.000; 25.901; and reserved)
50.307; 52.214-
26; 52.215-1
(removed and
reserved);
52.215-2
2251 Authority to Examine Provides civilian agencies with records 60 Fed. Reg.
Records of Contractors examination authority consistent with that of 42649 (Aug. 16,
(see 2201) DOD, NASA, and the U.S. Coast Guard. 1995)
FAR,
48 C.F.R.
1.106; 4.702;
4.703; 4.706
(removed and
reserved);
4.706-1--
4.706-3
(removed);
15.106-1;
15.805-5;
25.000; 25.901;
50.307; 52.214-
26; 52.215-1
(removed and
reserved);
52.215-2
2301 Certification of Sets out certification requirements for equitable 60 Fed. Reg. 60 Fed. Reg.
Contract Claims adjustment requests exceeding the simplified 48224 (Sept. 56972 (Nov. 13,
acquisition threshold. Restricts legislative 18, 1995) 1995) (Proposed
payment of claims. rule)
FAR,
48 C.F.R. DFARS,
50.303-2 48 C.F.R.
233.70
(removed);
233.205;
250.102;
252.233-7000
(removed)
2302 Shipbuilding Claims Increases time period during which shipbuilding No action
claims, requests for equitable adjustment, or required.\c
demands for payment may be made from 18 months to
6 years.
2351 Contract Disputes Act Sets out period for filing contractor claims 60 Fed. Reg. 60 Fed. Reg.
Improvements against the government. Increases dollar 17023 (Apr. 4, 48224 (Sept.
threshold related to certain claim certification, 1995) 18, 1995)
decision and notification requirements, as well
as access to accelerated and small claims GSBCA Rules, FAR,
procedures. 48 C.F.R. Part 48 C.F.R.
6101 33.201; 33.206-
33.208; 33.211;
52.233-1
2352 Extension of Alternative Requires written explanation of rejection of 60 Fed. Reg.
Dispute Resolution request for alternative dispute resolution 48224 (Sept.
Authority proceedings by contracting officer or contractor 18, 1995)
when other party has proposed use of proceedings.
Extends statutory alternative dispute resolution FAR,
authority until Oct. 1, 1999. 48 C.F.R.
33.201; 33.214;
52.233-1
2353 Expedited Resolution of Requires contracting officers to make a 60 Fed. Reg.
Contract Administration reasonable effort to respond in 30 days to a 48224 (Sept.
Matters written request related to a contract 18, 1995)
administration matter received from a small
business concern. Does not create rights under FAR,
the Contract Disputes Act. 48 C.F.R.
42.1601
2354 Authority for District Authorizes a district court to request advisory Boards of contract
Courts to Obtain opinions from boards of contract appeals on appeals will handle
Advisory Opinions from issues that could be the proper subject of a requests case by
Boards of Contract final decision of a contracting officer case.
Appeals in Certain Cases appealable under the Contract Disputes Act.
Requires that advisory opinions be provided in a
"timely manner."
2401 Clarification of Establishes that qualification requirements will 60 Fed. Reg.
Provision Relating to be those used to qualify original production 40146 (Aug. 7,
Quality Control of parts unless the Secretary of Defense determines 1995)
Certain Spare Parts in writing that similar requirements may be used
or that the original requirements are DFARS,
unnecessary. 48 C.F.R.
209.206-70
2402 Contractor Guarantees Requires DOD to establish reasonable and cost- 60 Fed. Reg.
Regarding Weapon Systems effective guidelines for negotiating weapon 40146 (Aug. 7,
system guarantees and guidelines for waivers. 1995)
Eliminates report to Congress on waivers.
61 Fed. Reg.
7739 (Feb. 29,
1996)
(Converted to a
final rule.)
DFARS,
48 C.F.R.
246.770-2;
246.770-8
2451 Section 3737 of the Continues authorities for contractors to assign 60 Fed. Reg.
Revised Statutes: payments of $1,000 or more to financial 49729 (Sept.
Expansion of Authority institutions. Authorizes President to determine 26, 1995)
to Prohibit Setoffs that payments to assignees shall not be subject
Against Assignees; to reductions or setoffs. FAR,
Reorganization of 48 C.F.R. 32.8
Section; Revision of
Obsolete Provisions
2452 Repeal of Requirement Repeals section 3743 of the Revised Statutes Technical change.
for Deposit of Contracts (41 U.S.C. 20).
With GAO
2453 Repeal of Obsolete Amends section 26 of the OFPP Act (41 U.S.C. Technical change.
Deadline Regarding 422).
Procedural Regulations
for the Cost Accounting
Standards Board
2454 Codification of Requires the Director of the Office of Management 60 Fed. Reg. See also
Accounting Requirement and Budget (OMB) to establish funding for 49720 (Sept. requirements
for advisory and assistance services as a separate 26, 1995) for preparation
Contracted Advisory and object class in budgets submitted to Congress. of the 1997
Assistance Services Defines "advisory and assistance services." FAR, budget
48 C.F.R. 37.2 published in
OMB Circular A-
11, dated June
6, 1995.
2455 Uniform Suspension and Provides for the reciprocal governmentwide effect 60 Fed. Reg.
Debarment of all agency suspension and debarment actions. 33064 (June 26,
Authorizes exceptions on a limited basis. 1995)
FAR,
48 C.F.R.
9.401; 9.403
3001 Weapon Development and Restructures provisions related to weapon Requirements for
Procurement Schedules development and procurement schedules. preparation of
DOD's 1996/1997
budget issued by
Deputy Comptroller
(Program/Budget)
memorandum, dated
Jan. 5, 1995.
3002 Selected Acquisition Reorganizes requirements related to selected Revisions to DOD
Report Requirement acquisition reports. guidance on
preparation of 1996
selected
acquisition reports
in DOD Manual
5000.2-M (Part 17)
issued by Director,
Acquisition Program
Integration,
memorandum dated
Jan. 3, 1995.
3003 Unit Cost Report Reorganizes requirements related to unit cost Supplementary DOD
Requirement reports. guidance on
preparation of unit
cost reports issued
by Director,
Acquisition Program
Integration,
memorandum dated
Feb. 3, 1995.
3004 Requirement for Requires the Secretary of Defense to prescribe DOD determination
Independent Cost regulations governing the content and submission that requirements
Estimate and Manpower of life-cycle costs and manpower estimates were already
Estimate Before related to major defense acquisition programs. contained in DOD
Development or Directives 5000.1
Production and 5000.4 and DOD
Instruction 5000.2.
3005 Baseline Description Eliminates prescriptive requirements and Revisions to DOD
substitutes general guidance for establishing guidance on
baseline descriptions. Eliminates statutory acquisition program
procedures for deviation reporting. Requires the baseline
Secretary of Defense to prescribe regulations requirements issued
governing such procedures. by Under Secretary
of Defense,
Acquisition and
Technology,
memorandum dated
Sept. 27, 1995.
3006 Repeal of Requirement Repeals 10 U.S.C. 2438. 60 Fed. Reg. Revisions to
for Competitive 29491 (June 5, DOD Instruction
Prototyping for Major 1995) 5000.2, DOD
Programs 5000.2-M, and
DFARS, DFARS 207.105,
48 C.F.R. to reflect
207.105 repeal, were
directed by
Under Secretary
of Defense,
Acquisition and
Technology,
memorandum
dated May 4,
1995.
3007 Repeal of Requirement Repeals 10 U.S.C. 2439. Revisions to DOD
for Competitive Instruction 5000.2
(see 3006) Alternative Sources for and DOD 5000.2-M,
Major Programs to reflect repeal,
were directed by
Under Secretary of
Defense,
Acquisition and
Technology,
memorandum dated
May 4, 1995.
3011 Authority of Director of Allows communication of views by the Director of DOD determination
Operational Test and Operational Test and Evaluation without the that no revisions
Evaluation to approval or concurrence of any other official to DOD guidance
Communicate Views within DOD. were needed.
Directly to Secretary of
Defense
3012 Responsibility of Transfers responsibility for monitoring and Transfer of live
Director reviewing DOD's live fire testing activities to fire test program
of Operational Test and the Director of Operational Test and Evaluation resources by Deputy
Evaluation for Live Fire and requires inclusion of these activities in the Secretary of
Testing Director's annual report. Defense approval of
action memorandum
of Director of
Operational Test
and Evaluation,
dated
Jan. 3, 1995.
3013 Requirement for Requires submission of unclassified as well as DOD determination
Unclassified Version of classified version of annual reports submitted to that no revisions
Annual Report on Congress on operational test and evaluation. to DOD guidance
Operational Test and were needed.
Evaluation
3014 Survivability and Authorizes the Secretary of Defense to waive Revisions to DOD
Lethality Testing survivability and lethality tests before full- guidance on
scale production of major systems and munitions survivability and
programs, if the Secretary of Defense certifies lethality testing
to Congress that the testing would be issued by Deputy
unreasonably expensive or impractical. Secretary of
Defense memorandum
dated
June 26, 1995.
3015 Limitation on Quantities Generally restricts low-rate initial production Revisions to DOD
to Be Procured for Low- quantities to 10 percent of the total number to guidance on
Rate Initial Production be produced as determined at milestone II, unless quantities to be
the Secretary of Defense explains why a greater procured for low-
quantity is necessary. rate initial
production issued
by Under Secretary
of Defense,
Acquisition and
Technology,
memorandum dated
Apr. 14, 1995.
3021 Gratuitous Services of Authorizes the Secretary of Defense to accept the DOD determination
Officers of Certain gratuitous services of officers of certain that no revisions
Reserve Components reserve components to consult on matters relating to DOD guidance
to the armed forces. would be needed.
3022 Authority to Rent Adds clarifying language related to DOD authority Revisions to DOD
Samples, Drawings, and to sell and rent manufacturing information, guidance being
Other Information to equipment, materials, and services. developed.
Others
3023 Repeal of Application of Repeals application of the Walsh-Healey Act to No action
Public Contracts Act to naval vessel construction contracts. required.\c
Certain Naval Vessel
Contracts
3024 Repeal of Requirement Repeals statutory requirements mandating No action
for Construction of construction of certain naval vessels on the required.\c
Vessels on Pacific Coast Pacific Coast.
3025 Scientific Investigation Repeals statutory provision related to the DOD determination
and Research for the authority of the Secretary of the Navy to make that no revisions
Navy expenditures for scientific investigations and to DOD guidance
research. would be needed.
3031 Definitions Sets out various definitional changes to 60 Fed. Reg.
statutory provisions governing the Civil Reserve 56972 (Nov. 13,
Air Fleet. 1995) (Proposed
rule)
DFARS,
48 C.F.R.
247.70
3032 Consolidation of Sets out various streamlining changes to 60 Fed. Reg.
Provisions Relating to statutory provisions governing the Civil Reserve 56972 (Nov. 13,
Contractual Commitment Air Fleet. 1995) (Proposed
of rule)
Aircraft
DFARS,
48 C.F.R.
247.70
3033 Use of Military Authorizes the Secretary of the Air Force to 60 Fed. Reg.
Installations by allow use of military installations by Civil 56972 (Nov. 13,
Contractors Reserve Air Fleet contractors. Payments collected 1995) (Proposed
from such contractors must be credited to the rule)
appropriation of the armed forces with
jurisdiction over the military installation. DFARS,
48 C.F.R.
247.70
See also DOD
Instruction
4500.55 on
Civil Reserve
Air Fleet
(CRAF) Carrier
Commercial
Access to
Military
Installations
for Non-DOD
Operations,
dated Oct. 25,
1995.
3061 Regulations on Authorizes the Secretary of Defense to prescribe Technical change.
Procurement, Production, regulations governing the performance of
Warehousing, and Supply procurement, production, warehousing and supply
Distribution Functions distribution, and related functions.
3062 Repeal of Requirements Repeals statutory provisions related to the DOD determination
Regarding Product supervision and coordination of product that no revisions
Evaluation Activities evaluation activities within DOD. to DOD guidance
would be needed.
3063 Department of Defense Updates legal terminology in area of intellectual See DFARS Part
Acquisition of property. Authorizes use of military department 227.\c
Intellectual Property funds to acquire releases for the unauthorized
Rights use of technical data or computer software.
Allows settlement of patent infringement matters
before claimant suits are brought.
3064 Liquid Fuels and Natural Changes wording in statutory provision governing Technical change.
Gas: Contracts for contracts for storage, handling, or distribution
Storage, Handling, or of liquid fuels or natural gas.
Distribution
3065 Codification and Codifies limits on leases of vessels, aircraft, 60 Fed. Reg.
Revision and vehicles by the Secretary of Defense or the 40106 (Aug. 7,
of Limitation on Lease secretary of a military department. The Secretary 1995) (Interim
of Vessels, Aircraft, of Defense must make a written determination if rule);
and Vehicles the contract length is 18 months or more. 60 Fed. Reg.
61586
(Nov. 30, 1995)
(Converted to a
final rule
without
change.)
DFARS,
48 C.F.R.
207.470
3066 Soft Drink Supplies Allows the federal government to purchase soft 60 Fed. Reg.
drinks manufactured in the United States from 40106 (Aug. 7,
military exchange stores located outside the 1995) (Interim
country, provided the soft drinks will be used rule);
outside the United States. 60 Fed. Reg.
61586 (Nov. 30,
1995)
(Converted to a
final rule
without
change.)
DFARS,
48 C.F.R.
206.302-5
3067 Disbursement of Funds of Clarifies statutory provision related to the DOD determination
Military Department to designation of DOD disbursing officers. that no changes to
Cover Obligations of previous
Another Agency of implementation of
Department of Defense the provision would
be needed.
4001 Simplified Acquisition Establishes simplified acquisition threshold of 60 Fed. Reg.
Threshold Defined $100,000 in the OFPP Act. 34741 (July 3,
(see 4003) 1995) (Interim
rule)
FAR,
48 C.F.R.
13.101
4002 Establishment of Applies OFPP Act simplified acquisition threshold 60 Fed. Reg.
Simplified Acquisition definition to DOD, NASA, and the U.S. Coast 34741 (July 3,
(see 4003) Threshold for Armed Guard. 1995) (Interim
Services rule)
FAR,
48 C.F.R.
13.101
4003 Establishment of Applies OFPP Act simplified acquisition threshold 60 Fed. Reg.
Simplified Acquisition definition to civilian agencies. 34741 (July 3,
(see 4001- Threshold for Civilian 1995) (Interim
4002) Agencies rule)
FAR,
48 C.F.R.
13.101
4004 Small Business Reserves procurements above $2,500 and not 60 Fed. Reg.
Reservation greater than $100,000 for small businesses, 34741 (July 3,
unless the contracting officer is unable to 1995) (Interim
obtain offers from two or more small business rule)
concerns competitive with market price, quality,
and delivery. FAR,
48 C.F.R.
19.502-2
4101 List of Inapplicable Requires that the FAR contain a list of laws that 60 Fed. Reg.
Laws are inapplicable to contracts or subcontracts not 34741 (July 3,
in Federal Acquisition greater than the simplified acquisition 1995) (Interim
Regulation threshold. Provides that future laws relating to rule)
procurements will be included on the list unless
(1) the FAR Council specifically excludes them, FAR,
(2) laws' terms exclude them, or (3) laws provide 48 C.F.R.
for civil or criminal penalties. 13.110
4102 Armed Services Cross-references FAR listing of statutes under 60 Fed. Reg. 60 Fed. Reg.
Acquisitions section 4101 to DOD, NASA, and U.S. Coast Guard 42649 (Aug. 16, 34741 (July 3,
(see 4104) acquisitions. Lists laws directly inapplicable to 1995) 1995) (Interim
acquisitions not greater than the simplified rule)
acquisition threshold. FAR,
48 C.F.R. FAR,
14.201- 48 C.F.R.
7;15.106-1 13.110
4103 Civilian Agency Cross-references FAR listing of statutes under 60 Fed. Reg. 60 Fed. Reg.
Acquisitions section 4101 to civilian agency acquisitions. 42649 (Aug. 16, 34741
(see 4104) Lists laws directly inapplicable to acquisitions 1995) (July 3, 1995)
not greater than the simplified acquisition (Interim rule)
threshold. FAR,
48 C.F.R. FAR,
14.201-7; 48 C.F.R.
15.106-1 13.110
4104 (except Acquisitions Generally Lists laws directly inapplicable to acquisitions 60 Fed. Reg.
(b)(2)) not greater than the simplified acquisition 34741 (July 3,
threshold. 1995) (Interim
(see 4102- rule)
4103)
FAR,
48 C.F.R.
13.110
4104(b)(2) Alternatives to Payment Requires inclusion in the FAR of alternatives to FAR,
Bonds as Payment payment bonds for suppliers of labor and 48 C.F.R. 28.1;
Protections for materials under construction contracts between 28.2; 52.228-
Suppliers $25,000 and $100,000. Requires contracting 13
of Labor and Materials officers to select from these payment protections (FAR Case 95-
and specify which are used when soliciting 301).
offers. Publication of
an interim rule
was pending in
the spring of
1996, according
to GSA
officials.
4201 Simplified Acquisition Provides for special simplified procedures for 60 Fed. Reg.
Procedures acquisitions not greater than the simplified 34741 (July 3,
acquisition threshold. Prohibits division of 1995) (Interim
requirements and promotes competition. Ties use rule)
of simplified procedures to achievement of
various levels of Federal Acquisition Computer FAR,
Network (FACNET) capability over time. Requires 48 C.F.R.
executive agencies to provide potential offerors 5.202; 5.203;
reasonable opportunity to respond to Part 13
solicitations.
4202 Procurement Notice Requires publication of a notice in the Commerce 60 Fed. Reg.
Business Daily 15 days before solicitation for 34741 (July 3,
procurements over $25,000, if contracting 1995) (Interim
activity is not FACNET-certified. Sets out that rule)
deadlines for submission of bids or proposals are
only applicable to contracts greater than the FAR,
simplified acquisition threshold. Requires notice 48 C.F.R.
to describe award procedure and response time 5.101; 5.202;
period for contracts above $25,000 and below the 5.203; 5.205;
simplified acquisition threshold. 5.207; 5.301
4203 Implementation of Provides for implementation of simplified 60 Fed. Reg.
Simplified Acquisition acquisition procedures in DOD, NASA, the U.S. 34741 (July 3,
Procedures Coast Guard, and civilian agencies. 1995) (Interim
rule)
FAR,
48 C.F.R. Part
13
4301 Procedures for Purchases Establishes micropurchase threshold at $2,500 and 60 Fed. Reg.
Below Micro-Purchase below. Provides that purchases under threshold 64786 (Dec. 15,
Threshold are not subject to Small Business Act reservation 1994) (Interim
requirements or the Buy American Act. Does not rule)
require the securing of competitive quotations.
Sets out that employees making micropurchases are FAR,
not considered procurement officers under the 48 C.F.R.
OFPP Act. 1.603-3; 3.104-
4; 4.800;
13.101; 13.105;
13.106; 13.502;
13.6; 25.100
4401 Armed Services Sets out conforming amendments for DOD, NASA, and 60 Fed. Reg.
Acquisitions U.S. Coast Guard acquisitions concerning the 34741 (July 3,
(see 4402) simplified acquisition threshold. 1995) (Interim
rule)
FAR,
48 C.F.R. 13.1
4402 Civilian Agency Sets out conforming amendments for civilian 60 Fed. Reg. 60 Fed. Reg.
Acquisitions agency acquisitions concerning the simplified 42793 (Aug. 17, 34741 (July 3,
(see 4401) acquisition threshold. Requires GSA regulations 1995) 1995) (Interim
that provide special procedures for leases where rule)
annual rent is not greater than the simplified General
acquisition threshold. Services FAR,
Administration 48 C.F.R. 13.1
Acquisition
Regulation,
48 C.F.R. Part
570
4403 Office of Federal Sets out conforming amendments to the OFPP Act 60 Fed. Reg.
Procurement Policy Act concerning the simplified acquisition threshold. 34741 (July 3,
(see 4201) 1995) (Interim
rule)
FAR,
48 C.F.R.
13.101
4404 Small Business Act Sets out conforming amendments to the Small 60 Fed. Reg.
Business Act concerning the simplified 34741 (July 3,
acquisition threshold. 1995) (Interim
rule)
FAR,
48 C.F.R.
13.101; 19.708
5001 Performance Based Requires the Secretary of Defense to review major DOD guidance on
Management and nonmajor acquisition programs to assess performance-based
(see 5051) whether they are achieving, on average, 90 management
percent of cost, performance, and schedule goals. implementation
Requires the Secretary of Defense to include issued by Under
information on achievement of these goals and on Secretary of
technology insertion in annual reports to Defense,
Congress. Requires the development of enhanced Acquisition and
system of performance incentives. Technology,
memorandum dated
Sept. 27, 1995.
Logistics
Management
Institute study
identified
characteristics of
a successful
incentive system
for program
management teams.
5002 Review of Acquisition Requires the Secretary of Defense to review Revisions to DOD
Program Cycle regulations to ensure that acquisition program guidance on
cycle procedures are focused on achieving goals acquisition
consistent with the program baseline descriptions oversight and
required under 10 U.S.C. 2435. Repeals superseded review process
acquisition program and workforce provisions in issued by Under
the 1994 Defense Authorization Act. Secretary of
Defense,
Acquisition and
Technology,
memorandum dated
Apr. 28, 1995.
5051 Performance Based Requires heads of civilian agencies to approve or OMB Bulletin No.
Management define cost, performance, and schedule goals for 95-03, Planning and
(see 5001) major acquisition programs. Requires that the Budgeting for the
OFPP Administrator will include information on Acquisition of
achievement of these goals in annual reports to Fixed Assets, dated
Congress. Requires developing enhanced system of June 27, 1995.
performance incentives.
Letter providing
status information
from Administrator,
OFPP, to Chairman
of Senate Committee
on Governmental
Affairs, dated Oct.
11, 1995.
Other actions to
implement this
provision are in
progress.
5052 Results-Oriented Requires the OFPP Administrator, in consultation Report by
Acquisition Process with appropriate federal agency heads, to develop Procurement
results-oriented acquisition process guidelines Executives' Working
for acquisitions of property and services. Group of
President's
Management Council
Procurement Task
Force and guidance
regarding
procurement
performance
measures provided
to executive
departments and
agencies by
Director, OMB,
memorandum dated
May 7, 1996.
5061 OFPP Test Program for Authorizes the OFPP Administrator to conduct a Section 4302 of In response to
Executive Agencies program of no more than six tests of alternative Public Law 104- removal of
and innovative procurement procedures and allows 106 removes the condition on
a waiver of specified laws and regulations. Sets condition authority, OFPP
out that no more than one test will be conducted placed on OFPP plans to solicit
under this authority at one agency. Makes agency authority to recommendations for
participation conditional on certification of conduct test tests from federal
full FACNET electronic commerce capability. programs that a agencies, according
federal agency to an OFPP
first must official.
certify full
FACNET
electronic
commerce
capability.
5062 NASA Mid-Range Authorizes the NASA Administrator to test Internet is the
Procurement Test Program alternative notice and publication requirements only source of NASA
for acquisitions valued at $500,000 or less. synopses and
Allows for waiver of procurement regulations with solicitations
the approval of the OFPP Administrator. within its Mid-
Range program to
test a simplified
approach to lower
dollar value
contracts,
effective Oct. 1,
1995.
5063 Federal Aviation Authorizes the Secretary of Transportation to Test of alternative
Administration conduct a test of alternative and innovative and innovative
Acquisition Pilot procurement procedures for one of the procurement
Program modernization programs under the Airway Capital procedures resulted
Investment Plan. in contract award
in
August 1995.
5064 Department of Defense Establishes procedures for using pilot program DOD guidance
Acquisition Pilot authority under the 1991 Defense Authorization implementing
Programs Act for five programs authorized by the 1995 defense acquisition
National Defense Authorization Act. Allows pilot programs
specified waivers of regulations and laws. issued by Under
Secretary of
Defense,
Acquisition and
Technology,
memorandum dated
Dec. 15, 1994.
5091 Vendor and Employee Authorizes the OFPP Administrator to establish Implementation of
Excellence Awards awards for vendor and employee excellence. excellence awards
is being planned,
according to an
OFPP official.
5092 Waiting Period for Requires increased standard waiting period before In 1991, defense
Significant Changes the effective date of significant proposed and civilian
Proposed for Acquisition changes to acquisition regulations from 30 days regulatory councils
Regulations to 60 days. adopted 60-day
waiting periods
before revisions to
the FAR are
effective.
5093 Sense of Congress on Sets out sense of Congress that the FAR Council No action
Negotiated Rulemaking should consider using negotiated rule-making required.\b
procedures in the prescription of acquisition
regulations.
6001 Post-Employment Rules Repeals 3-year restriction on payment to retired 60 Fed. Reg.
regular officers. Suspends 2-year restrictions on 20029 (Apr. 24,
retired military officers through 1995)
December 31, 1996.
Standards of
Conduct and
Joint Ethics
Regulation,
32 C.F.R. 84.33
6002 Contracting Functions Restricts the use of consultants to carry out 60 Fed. Reg.
Performed by Federal evaluations or analyses of acquisition proposals 49720 (Sept.
Personnel when qualified federal personnel are available to 26, 1995)
carry out this function.
FAR,
48 C.F.R.
7.103; 37.2
6003 Repeal of Executed Repeals statutory requirement for study already Technical change.
Requirement for Study executed by OFPP Administrator on extent of
and Report competition in award of subcontracts by federal
prime contractors.
6004 Interests of Members of Repeals requirement that "every contract or 60 Fed. Reg.
Congress agreement" express condition that certain 37773
officials shall not benefit from that contract or (July 21,
agreement. 1995)
FAR,
48 C.F.R. 3.102
(removed and
reserved);
3.102-1--
3.102-2
(removed);
49.603-1;
49.603-2;
49.603-3;
49.603-4;
52.203-1
(removed and
reserved)
6005 Whistleblower Combines two existing whistleblower provisions of 60 Fed. Reg.
Protections for DOD, NASA, and the U.S. Coast Guard to provide 37774
(see 6006) Contractor Employees protection to contractor employees. (July 21,
of Department of 1995)
Defense, Coast Guard,
and National Aeronautics FAR,
and Space Administration 48 C.F.R. 3.9
6006 Whistleblower Provides the same whistleblower protection for 60 Fed. Reg.
Protections for employees of civilian agency contractors that is 37774
(see 6005) Contractor Employees provided for contractor employees of DOD, NASA, (July 21,
of Civilian Agencies and the U.S. Coast Guard. 1995)
FAR,
48 C.F.R. 3.9
6007 Comptroller General Requires Comptroller General to review the GAO issued
Review of the independence of the legal services being provided Inspectors General:
Provision of Legal to inspectors general appointed under the Independence of
Advice Inspector General Act of 1978 and to report on Legal Services
for Inspectors General the results of the review to Congress. Provided to IGs
(GAO/OGC-95-15,
Mar. 1, 1995).
6008 Cost Savings for Requires the GSA Administrator to issue GSA Bulletin FTR
Official Travel guidelines ensuring that agencies promote, 17, dated Oct. 24,
encourage, and facilitate the use of frequent 1995, issued to
traveler programs by federal employees to heads of federal
maximize cost savings for official travel and agencies, on
report to Congress not later than 1 year after promoting,
FASA's enactment. encouraging, and
facilitating
federal employee
use of frequent
traveler programs
and benefits (60
Fed. Reg. 55583,
Nov. 1, 1995).
Report by GSA
Administrator,
dated Oct. 13,
1995, sent to
Congress.
6009 Prompt Resolution of Requires federal agencies to promptly resolve or Section 810 of Action to revise
Audit Recommendations take corrective action on Office of Inspector Public Law 104- OMB Circular A-50
General audit report findings within 6 months. 106 amended was delayed pending
FASA section amendment to FASA
6009 to conform section 6009,
to reporting according to an OMB
requirements of official.
the Inspector
General Act of
1978. Final
action on
inspector
general reports
is to be
completed
within
12 months.
7101 Repeal of Certain Repeals Small Business Act provision governing 60 Fed. Reg. 60 Fed. Reg.
Requirements priority of labor surplus area firms in small 48258 (Sept. 40106 (Aug. 7,
business set-asides. Repeals provision of 18, 1995) 1995) (Interim
P.L. 102-484, which concerned notification of rule);
offerors of certificate of competency FAR, 60 Fed. Reg.
requirements under 15 U.S.C. 637(b)(7). 48 C.F.R. Part 61586
20 (removed and (Nov. 30, 1995)
reserved); (Converted to a
52.220-1 final rule
(redesignated without
as 52.219-2 and change.)
revised);
52.220-2-- DFARS,
52.220-4 48 C.F.R.
(removed) and 219.602-1;
conforming 219.602-70
amendments (removed);
throughout the 252.219-7009
FAR. (removed)
7102 Contracting Program for Authorizes for federal agencies certain FAR
Certain Small Business contracting programs for small businesses owned implementation
Concerns and controlled by socially and economically delayed pending
disadvantaged individuals. These programs could review of
include competition restrictions and a price federal
evaluation preference of not more than 10 percent affirmative
when evaluating qualifying offers received as a action programs
result of an unrestricted solicitation. Program following the
authority terminates on September 30, 2000. Adarand Supreme
Court
decision.\d
7103 Extension of Test Extends DOD test program for negotiation of 60 Fed. Reg.
Program for Negotiation comprehensive small business subcontracting plans 35668 (July 10,
of Comprehensive Small through September 30, 1998. 1995)
Business Subcontracting
Plans DFARS,
48 C.F.R.
219.702;
252.219-7004
7104 Small Business Established the Small Business Procurement The Small Business
Procurement Advisory Advisory Council to develop positions on proposed Procurement
Council procurement regulations affecting the small Advisory Council
business community and to submit comments held its initial
reflecting such positions to appropriate meeting on
regulatory authorities. Dec. 15, 1994.
7105 Extension of Defense Extends contract goals for small disadvantaged Implementation
Contract Goal to Coast businesses and certain institutions of higher in DFARS and in
Guard and National education to NASA and the U.S. Coast Guard. NASA and Coast
Aeronautics and Space Guard
Administration (Department of
Transportation)
regulations
delayed pending
review of
federal
affirmative
action programs
following the
Adarand Supreme
Court
decision.\d
7106 Procurement Goals for Establishes 5-percent target procurement goals 60 Fed. Reg.
Small Business Concerns for small businesses owned by women. 48258 (Sept.
Owned by Women 18, 1995)
FAR,
48 C.F.R.
5.002; 5.207;
5.503; 9.104-
3; 14.205-1;
14.205-4;
15.705; 15.706;
15.905-1;
19.001; 19.201;
19.202-5;
19.301; 19.402;
19.7; 19.9
(removed and
reserved);
26.104; 42.302;
42.501; 42.502;
44.202-2;
44.303; 52.219-
1; 52.219-8;
52.219-9;
52.219-10;
52.219-13
(removed and
reserved);
52.219-16;
53.219
7107 Development of Requires OFPP Administrator to identify OFPP met with
Definitions Regarding provisions of federal law that define or describe organizations and
Certain Small Business certain small or minority business concerns and companies to
Concerns to recommend uniform definitions and discuss the review
certification standards. and published a
request for
comments from the
public on
developing uniform
definitions and a
uniform
certification
system. See 60 Fed.
Reg. 456
(Jan. 4, 1995).
7108 Functions of Office of Requires OFPP Administrator to develop policies OFPP published a
Federal Procurement to ensure that small businesses and small proposed policy
Policy Relating to Small disadvantaged businesses are provided the maximum letter on
Business practicable opportunity to participate in subcontracting
procurements below the simplified acquisition plans with a
threshold and to provide for education and request for
training. comments (60 Fed.
Reg. 49644, Sept.
26, 1995).
According to an
OFPP official,
training videos are
being developed and
expected to be
available in May
1996.
7201 Acquisitions Generally Amends Walsh-Healey Act to delete requirement 60 Fed. Reg. 46553
that contractors certify that they are either (Sept. 7, 1995)
manufacturers or regular dealers in items (Proposed rule)
supplied. Authorizes the Secretary of Labor to
define by regulation the terms "regular dealer" Department of Labor
and "manufacturer." Regulations,
41 C.F.R. 50-201;
50-206
Department of Labor
is authorized to
issue regulations
but does not have
to issue them.
7202 Prohibition on Use of Codifies prohibition on the use of appropriated 60 Fed. Reg.
Funds for Documenting funds to assist DOD contractors in the 53320 (Oct. 13,
Economic or Employment preparation of materials, reports, lists, or 1995) (Proposed
Impact of Certain analyses of the economic effect of acquisition rule)
Acquisition Programs programs in specific states or congressional
districts. DFARS,
48 C.F.R.
231.205-22
7203 Merit-Based Award of Sets out statement of congressional policy that 60 Fed. Reg.
Contracts and Grants no legislation should be enacted that requires a 42652 (Aug. 16,
procurement to be made from a specified 1995)
nonfederal government source.
FAR,
48 C.F.R.
6.302-5
7204 Maximum Practicable Sets out the sense of Congress provision stating Technical change.
Opportunities for that contractors performing federal construction
Apprentices on Federal contracts should, to the maximum extent
Construction Projects practicable, select subcontractors participating
in apprenticeship programs and should provide
maximum practicable employment opportunities for
participants or graduates of such programs.
7205 Repeal of Obsolete Repeals section 308 of the Federal Property and Technical change.
Provision Administrative Services Act of 1949 (41 U.S.C.
258).
7206 Repeal of Obsolete and Repeals policy guidance and reporting Technical change.
Redundant Provisions of requirements of the Buy American Act (41 U.S.C.
Law 10b-1(g) and 41 U.S.C. 10b-2(b)). Repeals waiver
study requirement under the Trade Agreements Act
(19 U.S.C. 2516).
7301 Short Title Sets out that subtitle C of title VII of FASA may To be
be cited as the "Community Improvement Volunteer implemented in
Act of 1994." (Long title is " Waiver of Department of
Application of Prevailing Wage-Setting Labor
Requirements to Volunteers.") regulations.
7302 Purpose Sets out statement of purpose for the Community To be
Improvement Volunteer Act of 1994. implemented in
Department of
Labor
regulations.
7303 Waiver for Individuals Waives application of prevailing wage-setting To be
Who Perform provisions of the Davis-Bacon Act to volunteers implemented in
Volunteer Services for offering their services to public entities to Department of
Public Entities assist in the construction, repair, or alteration Labor
of certain public buildings funded under regulations.
specified federal programs.
7304 Waiver for Individuals Waives application of prevailing wage-setting To be
Who Perform provisions of the Davis-Bacon Act to volunteers implemented in
Volunteer Services for offering their services to nonprofit entities to Department of
Nonprofit Entities assist in the construction, repair, or alteration Labor
of certain public buildings funded under regulations.
specified federal programs.
7305 Contracts Affected Applies Community Improvement Volunteer Act of To be
1994 to contracts entered into under the implemented in
authority of certain specified statutes. Department of
Labor
regulations.
7306 Report Requires the Secretary of Labor to prepare and To be
submit to Congress a report on the use of implemented in
volunteers in certain community activities Department of
involving private for-profit entities and current Labor
barriers to such use, including the Davis-Bacon regulations.
Act.
8001 Definitions Amends the OFPP Act to add definitions of 60 Fed. Reg.
"commercial item," "nondevelopmental item," 48231 (Sept.
"component," and "commercial component." 18, 1995)
FAR,
48 C.F.R.
2.101; 52.202-
1
8002 Regulations on Requires inclusion in FAR provisions covering 60 Fed. Reg.
Acquisition of uniform terms and conditions for commercial item 48231 (Sept.
Commercial Items acquisitions, market acceptance criteria, use of 18, 1995)
firm fixed-price contracts, contract quality
requirements, and the treatment of transfers FAR,
between affiliates. 48 C.F.R.
11.103; 12.001;
12.2; 12.3;
12.4; 12.5;
16.201; 16.301-
3; 44.4;
46.102; 46.202-
1; 46.709;
52.212-3;
52.212-4;
52.212-5;
52.244-6
8003 List of Inapplicable Requires that the FAR include lists of laws that 60 Fed. Reg.
Laws are inapplicable to contracts and subcontracts 48231 (Sept.
in Federal Acquisition for commercial items. Sets out that future 18, 1995)
Regulation enacted laws will be included on the list unless
the FAR Council specifically excludes them (not FAR,
applicable to laws excluded by their terms or 48 C.F.R.
that provide for civil or criminal penalties). 12.301;12.5;
44.402; 52.244-
6
8101 Establishment of New Establishes a separate chapter in title 10 of the Technical change.
Chapter in Title 10 U.S. Code relating to commercial items
acquisitions.
8102 Relationship to Other Incorporates by reference provisions on laws 60 Fed. Reg.
Provisions of Law inapplicable to commercial items (see section 48231 (Sept.
(see 8201) 8003) and provisions on exceptions to cost or 18, 1995)
pricing data (see 10 U.S.C. 2306a(d)). Sets out
that, unless specifically provided, no provision FAR,
of title 10 relating to procurement is 48 C.F.R. 12.5
inapplicable to commercial items.
8103 Definitions Cross-references commercial item definitions in 60 Fed. Reg.
new title 10 chapter (see section 8101) to 48231 (Sept.
commercial item definitions set out in the OFPP 18, 1995)
Act and clarifies that commercial item provisions
are applicable to NASA and the U.S. Coast Guard. FAR,
48 C.F.R.
2.101; 52.202-
1
8104 Preference for Creates a preference for the acquisition of 60 Fed. Reg.
Acquisition of commercial items and other nondevelopmental 48231 (Sept.
(see 8203) Commercial Items items, including both supplies and services. Sets 18, 1995)
out guidelines for conducting preliminary market
research. FAR,
48 C.F.R.
7.102; 7.103;
10.001; 10.002;
11.002; 11.101;
12.101; 12.102;
12.202; 44.402;
52.244-6
8105 Inapplicability of Lists laws directly inapplicable to contracts for 60 Fed. Reg. 60 Fed. Reg.
Certain Provisions of acquisitions of commercial items. 48272 (Sept. 61586 (Nov. 30,
(see 8204) Law 18, 1995) 1995) (Interim
rule)
FAR,
48 C.F.R. DFARS,
28.106-4; 48 C.F.R.
28.106-6; 32.1 212.503;
212.504
60 Fed. Reg.
48231 (Sept.
18, 1995)
FAR,
48 C.F.R.
3.404; 3.503-
2; 12.503;
12.504; 52.203-
6
8106 Presumption That Adds presumption that, for the purposes of 10 60 Fed. Reg. 60 Fed. Reg. 60 Fed. Reg.
Technical Data Under U.S.C. 2320 (technical data) and 10 U.S.C. 2321 33464 (June 28, 48231 (Sept. 61586 (Nov. 30,
Contracts for Commercial (validation of proprietary data restrictions), 1995) 18, 1995) 1995) (Interim
Items Are Developed commercial items have been developed exclusively rule)
Exclusively at Private at private expense. DFARS, FAR,
Expense 48 C.F.R. 48 C.F.R. DFARS
227.7102; 12.211 48 C.F.R.
252.227-7037 252.227-7037
8201 Relationship to Other Incorporates by reference provisions on laws 60 Fed. Reg.
Provisions of Law inapplicable to commercial items (see section 48231 (Sept.
(see 8102) 8003). Sets out that unless specifically 18, 1995)
provided, no provision of title 41 relating to
procurement is inapplicable to commercial items. FAR,
48 C.F.R. 12.5
8202 Definitions Cross-references terms used to refer to 60 Fed. Reg.
commercial items in civilian agency acquisitions 48231 (Sept.
to definitions for these terms set out in the 18, 1995)
OFPP Act.
FAR,
48 C.F.R.
2.101; 52.202-
1
8203 Preference for Creates a preference for the acquisition of 60 Fed. Reg.
Acquisition of commercial items and other nondevelopmental 48231 (Sept.
(see 8104) Commercial Items items, including both supplies and services. Sets 18, 1995)
out guidelines for conducting preliminary market
research. FAR,
48 C.F.R.
7.102; 7.103;
10.001; 10.002;
11.002; 11.101;
12.101; 12.102;
12.202; 44.402;
52.244-6
8204 Inapplicability of Lists laws directly inapplicable to contracts for 60 Fed. Reg.
Certain Provisions of acquisitions of commercial items. 48231 (Sept.
(see 8105) Law 18, 1995)
FAR,
48 C.F.R.
3.404; 3.503-
2; 12.503;
12.504; 52.203-
6
8301 (except Inapplicability of Lists laws directly inapplicable to contracts for 60 Fed. Reg. In a memorandum
(e)) Certain Provisions of acquisitions of commercial items. 48231 (Sept. dated Dec. 18,
Law 18, 1995) 1995, the
Chairman of the
FAR, Cost Accounting
48 C.F.R. Standards Board
3.502-2; 3.502- notified
3; 12.503; federal
12.504; 22.305; procuring
23.104; 23.501; agencies that
47.405 the Board
delegated the
authority to
waive the
application of
cost accounting
standards to
individual firm
fixed-price
contracts for
the acquisition
of commercial
items, when
cost or pricing
data is not
obtained.
8301(e) Inapplicability of Excludes contractors competing for commercial 60 Fed. Reg.
Certain Provisions of item contracts from certain Procurement Integrity 37773
Law Act certification requirements. (July 21,
1995)
FAR,
48 C.F.R.3.104-
9; 52.203-8;
52.203-9
8302 Flexible Deadlines for Requires OFPP Administrator to prescribe 60 Fed. Reg.
Submission of Offers of regulations defining limited circumstances in 48231 (Sept.
Commercial Items which flexible deadlines can be used under 18, 1995)
section 18 of the OFPP Act for submitting bids or
proposals for the procurement of commercial FAR,
items. 48 C.F.R.
5.203; 12.205
8303 Additional Gives the additional responsibilities of 60 Fed. Reg.
Responsibilities for promoting the acquisition of commercial and 48231 (Sept.
Advocates for nondevelopmental items, and challenging barriers 18, 1995)
Competition to such acquisition, to competition advocates for
each procuring activity. FAR,
48 C.F.R. 6.502
8304 Provisions Not Affected Lists certain provisions of law not affected by No action
the commercial items provisions in title VIII of required.\a
FASA, so that these laws continue to be
applicable.
8305 Comptroller General Requires the Comptroller General to report to GAO must submit
Review of Federal Congress on the use of market research by the report to Congress
Government Use of Market federal government in the support of procurement in 1996.
Research of commercial and nondevelopmental items.
9001-9004 Title IX--Federal Sets out provisions outlining FACNET architecture 60 Fed. Reg.
Acquisition Computer and governmentwide implementation. Requires GAO 34741 (July 3,
Network to identify and report on classes of contracts 1995) (Interim
unsuitable for acquisition through FACNET. rule)
FAR,
48 C.F.R. 4.5
GAO must submit
report to OFPP
Administrator
and Congress by
1997.
10001 Effective Date and Sets out that amendments made by FASA would take No action
Applicability effect on the date provided in final implementing required.\b
regulations or October 1, 1995, whichever was
earlier. Section 10001 also lists a series of
sections immediately applicable on and after the
date of FASA enactment.
10002 Implementing Regulations Establishes schedule for promulgation of FASA No action
implementing regulations. required.\b
10003 Evaluation by the Requires Comptroller General to evaluate and GAO must submit
Comptroller General report to Congress on the issuance and reports to
implementation of FASA regulations. Congress.
10004 Data Collection Through Specifies certain data to be collected through 60 Fed. Reg. 60 Fed. Reg. Federal
the Federal Procurement the Federal Procurement Data System for 42652 (Aug. 16, 48258 (Sept. Procurement
Data System acquisitions in excess of the simplified 1995) 18, 1995) Data System
acquisition threshold. Reporting
FAR, 48 C.F.R. Manual issued
48 C.F.R. 4.601 4.602; 4.603; in Oct. 1995.
52.204-5 Manual was
prepared by GSA
for OFPP.
10005 Technical and Clerical Sets out miscellaneous technical and clerical Technical change.
Amendments amendments to permanent laws affected by
amendments made by FASA.
--------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
\a This FASA section was assigned to a regulation drafting team by
the FAR Council's special project to implement FASA for
implementation in the FAR. The drafting team subsequently determined
that no regulatory implementation action was required.
\b No regulatory implementation action by any federal agency was
required.
\c This FASA section was assigned to a regulation drafting team by
the FAR Council's special project to implement FASA for
implementation in the Defense Federal Acquisition Regulation
Supplement. The team subsequently determined that no regulatory
implementation action was required.
\d The Supreme Court's decision in Adarand Constructors, Inc. v.
Pena, 115 S. Ct. 2097 (1995), set forth a new standard for
evaluating the constitutionality of race-based affirmative action
programs, and the President directed on July 19, 1995, that executive
agencies review affirmative action programs under that standard.
SCOPE AND METHODOLOGY
========================================================= Appendix III
To determine whether all necessary regulations were issued, we first
undertook a detailed reading of all FASA statutory provisions and
legislative history. We obtained FASA implementation plans from the
Federal Acquisition Regulatory Council and the Under Secretary of
Defense (Acquisition and Technology) that were established
specifically for promulgating FAR revisions and for defense-unique
implementation. We discussed these plans with project managers and
officials of the regulatory councils. We interviewed team leaders
and team legal advisers responsible for FAR revisions to discuss the
steps they took to determine regulatory coverage, and we reviewed the
FAR drafting teams' methodology for identifying necessary revisions.
We documented that regulations were issued by extracting information
from the Federal Register, and we analyzed in detail how FAR
revisions were structured to implement each FASA section. In some
instances, we conducted computerized key word searches of the Code of
Federal Regulations to (1) determine whether coverage relating to a
particular FASA section already existed and should be revised or (2)
review regulatory drafting teams' determinations that FASA sections
assigned to them did not require regulatory implementation. We
followed up with the drafting teams to confirm our results. We
followed similar steps for non-FAR regulations. In addition, we
documented actions taken to implement FASA other than issuing
regulations.
In addition to the above steps, we performed an in-depth legal review
of seven of the FAR revisions that had public meetings. We reviewed
the regulations and available drafting team reports to determine
whether the regulations were consistent with the provisions and
purposes of FASA and its legislative history and to identify the
major issues that arose in the promulgation of the regulation.
To determine compliance with FASA's publishing deadlines and
requirements for 60-day comment periods, we reviewed the Federal
Register and documented publication dates for proposed, interim, and
final regulations and the period allowed for submitting public
comments.
We evaluated the executive branch efforts to ensure that the
regulations are concise and easily understandable by potential
offerors as well as by government officials.
We conducted our work between November 1994 and March 1996 in
accordance with generally accepted government auditing standards.
Since the latest date that all of FASA's provisions were applicable
to government acquisitions was October 1, 1995, we used that date for
reporting on the status of implementing regulations. However, we
included updates through March 1996. Although our report is due not
later than 180 days after final revisions to the FAR have been
issued, we are reporting based on the majority having been issued.
Several final revisions to the FAR had not been published as of March
1996.
*** End of document. ***