[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Page 11740]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-4086]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 13

[FAC 2005-01; FAR Case 2004-034; Item III]
RIN 9000-AK11


Federal Acquisition Regulation; Extension of Authority for Use of 
Simplified Acquisition Procedures for Certain Commercial Items, Test 
Program

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

ACTION:  Final rule.

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SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to extend the 
timeframe to use the test program for commercial items.

DATES: Effective Date: April 8, 2005.

FOR FURTHER INFORMATION CONTACT:  The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Mr. Michael O. Jackson, Procurement 
Analyst, at (202) 208-4949. Please cite FAC 2005-01, FAR case 2004-034.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends the Federal Acquisition Regulation to 
implement Section 817 of the Ronald W. Reagan National Defense 
Authorization Act for Fiscal Year 2005. Section 817 amended section 
4202(e) of the Clinger-Cohen Act of 1996 (Public Law 104-106) by 
extending until January 1, 2008, the timeframe in which an agency may 
use simplified procedures to purchase commercial items in amounts 
greater than the simplified acquisition threshold, but not exceeding 
$5,000,000 ($10,000,000 for acquisitions as described in 13.500(e)).
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501 and Public Law98-577, and publication for public 
comments is not required. This rule continues current FAR policy. 
However, the Councils will consider comments from small entities 
concerning the affected FAR Part 13 in accordance with 5 U.S.C. 610. 
Interested parties must submit such comments separately and should cite 
5 U.S.C. 601, et seq. (FAR case 2004-034), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Part 13

    Government procurement.

    Dated: February 24, 2005
Rodney P. Lantier,
Director,Contract Policy Division.

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Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth below:

PART 13--SIMPLIFIED ACQUISITION PROCEDURES

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1. The authority citation for 48 CFR part 13 is revised to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).


13.500  [Amended]

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2. Amend Section 13.500 in paragraph (d) by removing ``January 1, 
2006'' and by adding ``January 1, 2008'' in its place.
[FR Doc. 05-4086 Filed 3-8-05; 8:45 am]
BILLING CODE 6820-EP-S