[Federal Register Volume 61, Number 252 (Tuesday, December 31, 1996)]
[Rules and Regulations]
[Pages 69286-69287]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-32804]
[[Page 69285]]
_______________________________________________________________________
Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Ch. I
Federal Acquisition Regulations; Final Rule
Federal Register / Vol. 61, No. 252 / Tuesday, December 31, 1996 /
Rules and Regulations
[[Page 69286]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 90-44; 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.
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SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rules issued by the FAR Council in this Federal Acquisition
Circular (FAC) 90-44. Each rule follows this document in the order
listed below. A companion document, the Small Entity Compliance Guide,
follows this FAC and may be located on the internet at http://
www.gsa.gov/far/compliance.
DATES: For effective dates and comment dates, see separate documents
which follow.
FOR FURTHER INFORMATION CONTACT:
The analyst whose name appears (in the table below) in relation to each
FAR case or subject area. For general information, contact Beverly
Fayson, Room 4037, GS Building, Washington, DC 20405, (202) 501-4755.
Please cite FAC 90-44 and specific FAR case number(s).
SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-44 amends
the Federal Acquisition Regulation (FAR) as specified below:
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I............ Automatic Data 96-010 Olson
Processing
Equipment Leasing
Costs (Interim).
II........... Major System 96-322 O'Neill
Definition.
III.......... Preaward 96-304 DeStefano
Debriefings.
IV........... Certification 96-311 DeStefano
Requirements--Drug-
Free Workplace.
V............ Consideration of 95-019 DeStefano
Late Offers.
VI........... Foreign 96-012 Olson
Differential Pay
(Interim).
VII.......... Final Indirect Cost 95-018 Klein
Rates.
VIII......... Modification of 96-606 DeStefano
Existing Contracts
(Interim).
------------------------------------------------------------------------
Item I--Automatic Data Processing Equipment Leasing Costs (FAR Case
96-010)
This interim rule deletes the cost principle at FAR 31.205-2,
Automatic Data Processing Equipment (ADPE) Leasing Costs, the ADPE
definition at 31.001, and references to the term ADPE found elsewhere
in Part 31.
Item II--Major System Definition (FAR Case 96-322)
This final rule amends the definition of ``major system'' at FAR
2.101 to increase the dollar thresholds applicable to the Department of
Defense. The rule implements 10 U.S.C. 2302(5) as amended by Section
805 of the National Defense Authorization Act for Fiscal Year 1997
(Pub. L. 104-201).
Item III--Preaward Debriefings (FAR Case 96-304)
This final rule revises FAR Subpart 15.10 to implement Section 4104
of the Clinger-Cohen Act of 1996 (Pub. L. 104-106). Section 4104
requires that, prior to contract award, contracting officers provide a
debriefing to any interested offeror on the reasons for that offeror's
exclusion from the competitive range in a competitive negotiation.
Item IV--Certification Requirements--Drug-Free Workplace (FAR Case
96-311)
This final rule amends FAR Parts 9, 13, 23, and 52 to delete the
requirement for an offeror to provide a certification regarding a drug-
free workplace. The rule implements Section 4301(a)(3) of the Clinger-
Cohen Act of 1996 (Pub. L. 104-106).
Item V--Consideration of Late Offers (FAR Case 95-019)
This final rule amends the late bid rule to allow an offer to be
accepted if the late receipt was due primarily to Government
mishandling after receipt at the Government installation. The rule
recognizes the use of hand-carried offers (including delivery by a
commercial carrier) as a common business practice and provides
flexibility in determining when an offer (bid or proposal) was received
at the Government activity, by applying standards used by the General
Accounting Office. The rule also expands the definition of acceptable
evidence to support acceptance of a late offer and adds a new exception
at 52.215-10(a)(5) and 52.215-36(a)(3) which allows consideration of a
proposal that was misdirected or misdelivered (not necessarily through
mishandling) to an office other than that designated for receipt of
offers in the solicitation. These changes do not apply to commercial
item solicitations which contain the provision at 52.212-1(f), Late
Offers.
Item VI--Foreign Differential Pay (FAR Case 96-012)
This interim rule deletes the prohibition at FAR 31.205-6(e)(2) on
the calculation of foreign differential pay based directly on an
employee's specific increase in income taxes resulting from assignment
overseas.
Item VII--Final Indirect Cost Rates (FAR Case 95-018)
This final rule amends FAR Subpart 42.7 and Part 52 to improve
procedures for providing payments to contractors under cost-type
contracts by permitting, with certain restrictions, contractor use of
billing rates contained in certified final indirect cost rate
proposals, providing for Government release of 75 to 90 percent of all
fee withholds under physically completed contracts, after receipt of
the contractor's certified final indirect cost rate proposal, and
establishing a timeframe for contractor submission of final invoices or
vouchers.
Item VIII--Modification of Existing Contracts (FAR Case 96-606)
This interim rule amends FAR 43.102 to provide for modification of
existing contracts without requiring consideration, upon request of the
contractor, to incorporate changes authorized by the Clinger-Cohen Act
of 1996 (Pub. L. 104-106).
Dated: December 19, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Federal Acquisition Circular
FAC 90-44
Federal Acquisition Circular (FAC) 90-44 is issued under the
authority of the Secretary of Defense, the
[[Page 69287]]
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 90-44 is effective
December 31, 1996 except the following items:
Items III, IV, and VIII, January 1, 1997; and
Items V and VII, March 3, 1997.
Dated: December 19, 1996.
Roland A. Hassebrock,
Col., USAF Acting Director, Defense Procurement.
Dated: December 18, 1996.
Ida M. Ustad,
Deputy Associate Administrator, Office of Acquisition Policy, General
Services Administration.
Dated: December 19, 1996.
Tom Luedtke,
Deputy Associate Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 96-32804 Filed 12-30-96; 8:45 am]
BILLING CODE 6820-EP-M
