Federal Register, Volume 68 Issue 142 (Thursday, July 24, 2003)

[Federal Register Volume 68, Number 142 (Thursday, July 24, 2003)]
[Rules and Regulations]
[Pages 43854-43855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-18532]

[[Page 43853]]

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Part IV

Department of Defense

General Services Administration

National Aeronautics and Space Administration

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48 CFR Chapter I, et al.

Federal Acquisition Circular 2001-15; Final Rules

Federal Register / Vol. 68, No. 142 / Thursday, July 24, 2003 / Rules
and Regulations

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Circular 2001-15; Introduction

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

ACTION: Summary presentation of final rules and technical amendments
and corrections.

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SUMMARY: This document summarizes the FederalAcquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the DefenseAcquisition Regulations Council in this FederalAcquisition
Circular (FAC) 2001-15. A companion document, the Small Entity
Compliance Guide (SECG), follows this FAC. The FAC, including the SECG,
is available via the Internet at http://www.arnet.gov/far.

DATES: For effective dates and comment dates, see separate documents
which follow.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact the analyst whose name appears in the table below in
relation to each FAR case or subject area. Please cite FAC 2001-15 and
specific FAR case number(s). Interested parties may also visit our Web
site at http://www.arnet.gov/far.

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Item Subject FAR case Analyst
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I.................. Elimination of Standard Form 129, Solicitation 2001-032 De Stefano.
Mailing ListApplication.
II................. Energy-Efficient Standby Power Devices.......... 2001-028 Smith.
III................ Electronic Listing of Acquisition Vehicles 2001-030 Zaffos.
Available For Use By More Than One Agency.
IV................. Compensation Cost Principle..................... 2001-008 Loeb.
V.................. Leadership in Environmental Management (E.O. 2000-005 Goral.
13148).
VI................. Selling Cost Principle.......................... 2001-024 Loeb.
VII................ Section 508 Micropurchase Exception Sunset 2002-012 Nelson.
Provision.
VIII............... Technical Amendments. ........... ............................
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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the
actual revisions and/or amendments to these FAR cases, refer to the
specific item number and subject set forth in the documents following
these item summaries.
FAC 2001-15 amends the FAR as specified below:

Item I--Elimination of Standard Form 129, Solicitation Mailing List
Application (FAR Case 2001-032)

This final rule removes the requirement for contracting offices to
establish and maintain manual solicitation mailing lists and the need
to use the Standard Form (SF) 129, Solicitation Mailing List
Application. The purpose of the rule is to broaden use and reliance on
e-business applications. It is expected that this rule will eliminate,
in part, the need for contracting offices to maintain paper-based
sources of contractor information.

Item II--Energy-Efficient Standby Power Devices (FAR Case 2001-028)

This final rule implements Executive Order 13221, of July 31, 2001,
Energy-Efficient Standby Power Devices, by providing guidance on
energy-efficient standby power devices. The rule also clarifies
requirements for the purchase of recovered material. The requirements
of this rule apply to contracting officers that purchase products that
use external standby power devices or that contain an internal standby
power function, and products that are composed of recovered material.
Government contracting and technical personnel will need to ensure that
proposed acquisitions comply with the Government preference for energy-
efficient products.

Item III--Electronic Listing of Acquisition Vehicles Available for use
by More Than One Agency (FAR Case 2001-030)

This final rule provides the regulatory underpinning for the
operation and use of an online directory to facilitate greater
awareness of contracts available for multiple agency use. The rule--
1. Adds a new Subpart 5.6, Publicizing Multi-Agency Use Contracts,
that--
(a) Provides the Internet address to access the database;
(b) Requires agencies to enter information into the database within
ten days of award of a Governmentwide acquisition contract (GWAC),
multi-agency contract, Federal Supply Schedule contract, or other
procurement instrument intended for use by multiple agencies including
blanket purchase agreements under Federal Supply Schedule contracts;
and
(c) Requires contracting activities to enter information into the
database by October 31, 2003, on all existing contracts and other
procurement instruments intended for use by multiple agencies, except
for those expiring on or before June 1, 2004.
2. Adds language at FAR 7.105(b)(1) to consider the sources
contained in the database as prospective sources of supplies and
services.
3. Adds language at FAR 10.002(b)(2)(iv) to encourage querying the
database during market research for information relevant to agency
acquisitions.

Item IV--Compensation Cost Principle (FAR Case 2001-008)

This final rule amends the FAR to revise the ``compensation for
personal services'' cost principle by removing unnecessary and
duplicative language and restructuring it. This rule is of particular
interest to contracting officers who use cost analysis to price
contracts and modifications, and who determine or negotiate reasonable
costs in accordance with a clause of a contract, e.g., price revision
of fixed-price incentive contracts, terminated contracts, indirect cost
rates.

Item V--Leadership in Environmental Management (E.O. 13148) (FAR Case
2000-005)

This final rule provides policies and procedures for obtaining
contractor information so that agencies can implement environmental
management systems and complete facility compliance audits. The rule
implements Executive Order 13148 of April 21, 2000, Greening the
Government through Leadership in Environmental Management. The
requirements of this rule apply to facilities owned or operated by
Federal agencies, except

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those facilities located outside the United States and its outlying
areas.

Item VI--Selling Cost Principle (FAR Case 2001-024)

This final rule amends the FAR to revise the ``selling costs'' cost
principle by restructuring the paragraphs and removing unnecessary and
duplicative language to increase clarity. The rule does not change the
allowability of selling costs. The case was initiated at the request of
the Aerospace Industries Association (AIA). This rule is of particular
interest to contractors and contracting officers who use cost analysis
to price contracts and modifications, and who determine or negotiate
reasonable costs in accordance with a clause of a contract, e.g., price
revision of fixed-price incentive contracts, terminated contracts, or
indirect cost rates.

Item VII--Section 508 Micropurchase Exception Sunset Provision (FAR
Case 2002-012)

The interim rule published in the Federal Register at 67 FR 80321,
December 31, 2002, is converted to a final rule, without change, to
extend the Electronic and Information Technology (Section 508)
micropurchase exception to October 1, 2004.

Item VIII--Technical Amendments

These amendments update references and make editorial changes at
FAR 19.1005 and 52.212-1.

Dated: July 16, 2003.
Laura Auletta,
Director, Acquisition Policy Division.

Federal Acquisition Circular

Federal Acquisition Circular (FAC) 2001-15 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator for the National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC2001-15 are
effective August 25, 2003, except for Items III, VII, and VIII which
are effective July 24, 2003.

Dated: July 14, 2003.

Deidre A. Lee,
Director, Defense Procurement and Acquisition Policy.

Dated: July 14, 2003.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, General
Services Administaration.

Dated: July 7, 2003.
Tom Luedtke,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 03-18532 Filed 7-23-03; 8:45 am]
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