[Federal Register Volume 62, Number 51 (Monday, March 17, 1997)]
[Rules and Regulations]
[Pages 12690-12691]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-6309]
[[Page 12689]]
_______________________________________________________________________
Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Chapter I, Part 3, et al.
Federal Acquisition Circular 90-46, Introduction and Federal
Acquisition Regulations; Final Rules
Federal Register / Vol. 62, No. 51 / Monday, March 17, 1997 / Rules
and Regulations
[[Page 12690]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 90-46; 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) 90-46. 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/SECG.
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 90-46 and
specific FAR case number(s).
SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-46 amends
the Federal Acquisition Regulation (FAR) as specified below:
------------------------------------------------------------------------
Item Subject FAR Case Analyst
------------------------------------------------------------------------
I.................. Gratuities....... 96-300 Linfield.
II................. Electronic 91-104 DeStefano.
Contracting.
III................ Office of Federal 94-008 O'Neill.
Procurement
Policy Letter 93-
1, Management
Oversight of
Service
Contracting.
IV................. Performance 93-603 DeStefano.
Incentives for
Fixed-Price
Contracts.
V.................. Federal 92-054B Linfield.
Compliance with
Right-to-Know
Laws and
Pollution
Prevention
Requirements
(Interim).
VI................. Buy American Act-- 91-119 Linfield.
Construction
(Grimberg
Decision).
VII................ Collection of 95-306 Klein.
Historically
Black Colleges
and Universities/
Minority
Institutions
Award Data.
VIII............... Allowability of 95-021 DeStefano.
Foreign Selling
Costs.
IX................. Independent 95-024 Olson.
Research and
Development/Bid
and Proposal
Costs in
Cooperative
Agreements.
X.................. Prompt Payment... 91-091 Olson.
XI................. Attorneys' Fees 96-016 O'Neill.
in GAO Protests.
XII................ Contractors' 94-605 Klein.
Purchasing
Systems Reviews.
XIII............... Performance-Based 96-005 Olson.
Payments.
XIV................ Technical .............. ................
Corrections.
------------------------------------------------------------------------
Item I--Gratuities (FAR Case 96-300)
The interim rule published as Item III of Federal Acquisition
Circular (FAC) 90-40 is converted to a final rule without change. The
rule amended FAR 3.202 and 52.203-3 to exempt solicitations and
contracts which do not exceed the simplified acquisition threshold from
the prescribed use of the ``Gratuities'' clause.
Item II--Electronic Contracting (FAR Case 91-104)
The interim rule published as Item II of FAC 90-29 is converted to
a final rule with amendments in Parts 5, 14, 15, and 52. The rule
facilitates the use of electronic data interchange in Government
contracting and complements the rule published as Item II of FAC 90-40
pertaining to the Federal Acquisition Computer Network.
Item III--Office of Federal Procurement Policy Letter 93-1, Management
Oversight of Service Contracting (FAR Case 94-008)
This final rule amends FAR 37.000 and 37.102, and adds a new
Subpart 37.5, to implement OFPP Policy Letter 93-1, Management
Oversight of Service Contracting. The policy letter provides
Governmentwide guiding principles which are intended to improve the
acquisition, management, and administration of service contracts. This
rule also amends FAR 9.505-3 and 35.017-2 to remove references to OMB
Circular A-120, Guidelines for the Use of Advisory and Assistance
Services, which was rescinded by OMB on November 19, 1993.
Item IV--Performance Incentives for Fixed-Price Contracts (FAR Case 93-
603)
This final rule amends FAR Parts 16 and 52 to permit the use of
award-fee provisions as performance incentives in fixed-price
contracts.
Item V--Federal Compliance With Right-To-Know Laws and Pollution
Prevention Requirements (FAR Case 92-054B)
This interim rule adds a new FAR Subpart 23.10, and a new clause at
52.223-5 to implement Executive Order (E.O.) 12856 of August 3, 1993,
Federal Compliance with Right-To-Know Laws and Pollution Prevention
Requirements. The E.O. requires that a contract performed on a Federal
facility shall provide that the contractor supply information on its
use of certain hazardous or toxic substances in the performance of the
contract. This information is required to enable Federal facilities to
comply with the reporting and emergency planning requirements of the
Pollution Prevention Act of 1990 and the Emergency Planning and
Community Right-To-Know Act of 1986.
Item VI--Buy American Act--Construction (Grimberg Decision) (FAR Case
91-119)
This final rule amends FAR Subpart 25.2 and the associated clauses
at 52.225-5 and 52.225-15 to add guidance on exceptions to the Buy
American Act, both pre-award and post-award. The rule adds two new
solicitation provisions at 52.225-12 and 52.225-13 for use in
solicitations for construction in the United States. These solicitation
provisions set forth procedures by which offerors may request
determinations regarding the inapplicability of the Buy American Act.
The rule also adds a new section at 25.206, which provides guidance
regarding instances of noncompliance with the Buy American Act.
[[Page 12691]]
Item VII--Collection of Historically Black Colleges and Universities/
Minority Institutions Award Data (FAR Case 95-306)
This final rule adds a new FAR Subpart 26.3 and a new solicitation
provision at 52.226-2 to implement Executive Order 12928, which
requires agencies to provide periodic reporting on the progress made in
award of contracts to Historically Black Colleges and Universities and
Minority Institutions.
Item VIII--Allowability of Foreign Selling Costs (FAR Case 95-021)
This final rule revises FAR 31.205-38(c)(2) by removing the ceiling
on allowable foreign selling costs. The rule also amends 31.205-1,
Public relations and advertising costs, by deleting reference to the
ceiling limitation, and further revises 31.205-38(c)(2) by deleting
obsolete language.
Item IX--Independent Research and Development/Bid and Proposal Costs in
Cooperative Agreements (FAR Case 95-024)
This final rule amends the cost principle at FAR 31.205-18,
Independent research and development (IR&D) and bid and proposal costs,
by removing from paragraph (e) the prohibition against treatment of
contractor IR&D contributions under NASA cooperative arrangements as
allowable indirect costs.
Item X--Prompt Payment (FAR Case 91-091)
This final rule amends FAR 32.102, Subpart 32.9, and related
clauses at 52.212-4, 52.232-5, 52.232-8, 52.232-25, 52.232-26, and
52.232-27 in order to implement changes made in OMB Circular A-125
(Revised), dated December 12, 1989, to comply with the Prompt Payment
Act Amendments of 1988 (Public Law 100-496). The rule also contains
amendments to clarify and simplify the FAR text and clauses.
Item XI--Attorneys' Fees in GAO Protests (FAR Case 96-016)
This final rule amends FAR 33.104 to clarify that the $150 hourly
cap on attorneys' fees applies only to those protests filed on or after
October 1, 1995. Protests filed with the General Accounting Office
prior to October 1, 1995, are not subject to the hourly cap on
attorneys' fees, in accordance with Sections 10001 and 10002 of the
Federal Acquisition Streamlining Act of 1994 (Public Law 103-355).
Item XII--Contractors' Purchasing Systems Reviews (FAR Case 94-605)
This final rule amends FAR 44.302 to (1) add a requirement for the
cognizant contract administration agency to determine the need for a
contractor purchasing system review (CPSR) based on, but not limited
to, the past performance of the contractor and volume, complexity, and
dollar value of the contractor's subcontracting activity; and (2)
delete the requirement for a CPSR to be performed initially and at
least every 3 years thereafter, for contractors exceeding a certain
sales level. Also, FAR sections 44.303 through 44.307 are amended to
conform to amendments at 44.302.
Item XIII--Performance-Based Payments (FAR Case 96-005)
This final rule amends FAR 52.232-32, Performance-Based Payments,
by adding paragraphs (f)(6) and (7) to address title to residual
material and liability for Government-furnished property, for
consistency with paragraphs (d)(6) and (7) of FAR 52.232-16, Progress
Payments.
Item XIV--Technical Corrections
Corrections have been made to Federal Acquisition Circular 90-44,
which appeared in the Federal Register at 61 FR 69286, December 31,
1996, to correct clause dates to correspond with the effective dates of
the rules, and Federal Acquisition Circular 90-45, published in the
Federal Register at 62 FR 224, January 2, 1997, to replace a reference
inadvertently omitted in the original document.
Dated: March 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 97-6309 Filed 3-14-97; 8:45 am]
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