[Federal Register: October 1, 2003 (Volume 68, Number 190)]
[Rules and Regulations]
[Page 56667-56669]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr01oc03-17]
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Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 1, 2, et al.
Federal Acquisition Regulations; Final and Interim Rules
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 2001-16; Introduction
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final and interim rules, and technical
amendments and corrections.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules agreed to by the Civilian Agency Acquisition Council and
the Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 2001-16. 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 2001-16 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........................................ Central Contractor Registration. 2002-018 Parnell.
II....................................... Electronic Commerce in Federal 1997-304 Davis.
Procurement.
III...................................... Unique Contract and Order 2002-025 Zaffos.
Identifier Numbers (Interim).
IV....................................... Procurements for Defense Against 2002-026 Zaffos.
or Recovery From Terrorism or 2002-003
Nuclear, Biological, Chemical
or Radiological Attack; and
Temporary Emergency Procurement
Authority.
V........................................ Notification of Overpayment, 2001-005 Parnell.
Contract Financing Payments.
VI....................................... Caribbean Basin Country-- 2003-006 Davis.
Dominican Republic.
VII...................................... Prohibited Sources.............. 2001-015 Davis.
VIII..................................... Economic Planning, Employee 2002-001 Loeb.
Morale, and Travel Cost
Principles.
IX....................................... 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 2001-16 amends the FAR as specified below:
Item I--Central Contractor Registration (FAR Case 2002-018)
This final rule amends FAR parts 1, 2, 4, 13, 32, and 52 to require
contractor registration in the Central Contractor Registration (CCR)
database prior to award of any contract, basic agreement, basic
ordering agreement, or blanket purchase agreement on or after October
1, 2003. In addition, the rule requires contracting officers to modify
existing contracts whose period of performance extends beyond December
31, 2003, to require contractors to register in the CCR database by
December 31, 2003.
Item II--Electronic Commerce in Federal Procurement (FAR Case 1997-304)
This final rule implements section 850 of the National Defense
Authorization Act for Fiscal Year 1998, Public Law 105-85, and section
810 of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001, Public Law 106-398. Section 850 amends titles 10, 15,
40, and 41 of the United States Code to eliminate the preference for
electronic commerce within Federal agencies to be conducted on the
Federal Acquisition Computer Network (FACNET) computer architecture.
Section 810 amends 41 U.S.C. 416 and 15 U.S.C. 637 to allow
solicitation notices to be published via a single Governmentwide point
of entry on the Internet designated in the FAR or via the Commerce
Business Daily (CBD). The objectives of the rule are (1) to designate a
single Governmentwide point of entry on the Internet, http://www.fedbizopps.gov
, where agencies are required to provide convenient
and universal public access to information on their procurement
opportunities, and (2) to require electronic access to notices of
solicitation through the single Governmentwide point of entry as a
replacement for paper (or electronic) publication in the CBD.
Item III--Unique Contract and Order Identifier Numbers (FAR Case 2002-
025)
This interim rule amends the FAR to require each reporting agency
to assign a unique procurement instrument identifier (PIID) for every
contract, purchase order, BOA, Basic Agreement, and BPA reported to the
Federal Procurement Data System; and to have in place, no later than
October 1, 2003, a process that will ensure that each PIID reported to
FPDS is unique, Governmentwide, and will remain so for at least 20
years from the date of contract award.
Item IV--Procurements for Defense Against or Recovery From Terrorism or
Nuclear, Biological, Chemical or Radiological Attack, and Temporary
Emergency Procurement Authority (FAR Cases 2002-026 and 2002-003)
This rule finalizes interim rules 2002-026 and 2002-003, which
increased the amount of the micro-purchase threshold and the simplified
acquisition threshold and provide expanded access to streamlined
procedures for procurements of supplies or services by or for an
executive agency that are to be used to facilitate defense against or
recovery from terrorism or nuclear, biological, chemical, or
radiological attack.
This final rule also amends the FAR to add the querying of
commercial databases that provide information relevant to the agency
acquisition as a technique for conducting market research.
Item V--Notification of Overpayment, Contract Financing Payments (FAR
Case 2001-005)
This final rule amends FAR parts 12, 32, and 52 to require the
contractor to notify the contracting officer if the Government overpays
when making an invoice payment or a contract financing
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payment under either a commercial item or a noncommercial item
contract.
Item VI--Caribbean Basin Country--Dominican Republic (FAR Case 2003-
006)
This final rule amends FAR 25.003, 25.400, and the clauses at FAR
52.212-5, Contract Terms and Conditions Required to Implement Statutes
or Executive Orders Commercial Items, and FAR 52.225-5, Trade
Agreements, to implement the direction of the USTR to reinstate the
treatment of certain products of the Dominican Republic as eligible
products under acquisitions subject to the Trade Agreements Act, as
published by the USTR in the Federal Register at 68 FR 27883, May 21,
2003. This change will allow Government purchase of products
originating in the Dominican Republic that are not excluded from duty-
free treatment under 19 U.S.C. 2703(b), unless otherwise restricted by
law.
Item VII--Prohibited Sources (FAR Case 2001-015)
This final rule removes Serbia, the Taliban-controlled regions of
Afghanistan, and Iraq from the list of prohibited sources and points
the contracting officer to lists of entities and individuals subject to
economic sanctions that are available at http://www.epls.gov/TerList1.html.
The contracting officer is no longer authorized in
unusual circumstances to acquire for use outside the United States
supplies or services restricted by this section, unless specifically
authorized by the OFAC. However, OFAC has granted authority to
Department of Defense personnel to make emergency acquisitions in
direct support of U.S. or allied forces deployed in military
contingency, humanitarian, or peacekeeping operations in a country or
region subject to economic sanctions administered by OFAC.
Item VIII--Economic Planning, Employee Morale, and Travel Costs
Principles (FAR Case 2002-001)
This final rule amends the FAR to revise three cost principles: (1)
FAR 31.205-12, Economic planning costs; (2) FAR 31.205-13, Employee
morale, health, welfare, food service, and dormitory costs and credits;
and (3) FAR 31.205-46, Travel costs. The changes restructure the
paragraphs and remove unnecessary and duplicative language to increase
clarity and readability. The rule does not change the allowability of
costs. The case was initiated to consider suggestions made at a series
of public meetings. This rule is of particular interest to contractors
and contracting officers who use cost analysis to price contracts and
modifications, and who determine or negotiate reasonable costs in
accordance with a clause of a contract, e.g., price revision of fixed-
price incentive contracts, terminated contracts, or indirect cost
rates.
Item IX--Technical Amendments
This amendment makes editorial changes at FAR 8.404(b)(6) and
24.202(a).
Dated: September 24, 2003.
Laura G. Auletta,
Director, Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 2001-16 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 FAC 2001-16 are
effective October 31, 2003, except for Items I, II, III, IV, and IX,
which are effective October 1, 2003.
Dated: September 22, 2003.
Deidre A. Lee,
Director, Defense Procurement and Acquisition Policy.
Dated: September 23, 2003.
David A. Drabkin,
Deputy Associate Administrator, Office of Acquisition Policy, General
Services Administration.
Dated: September 15, 2003.
Tom Luedtke,
Assistant Administrator for Procurement, National Aeronautics and Space
Administration.
[FR Doc. 03-24581 Filed 9-30-03; 8:45 am]