[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Rules and Regulations]
[Pages 10530-10531]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5202]
[[Page 10529]]
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Part II
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Chapter 1 et al.
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 64, No. 42 / Thursday, March 4, 1999 / Rules
and Regulations
[[Page 10530]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Circular 97-11; 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 issued by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council in this Federal Acquisition
Circular (FAC) 97-11. A companion document, the Small Entity Compliance
Guide (SECG), follows this FAC. The FAC, including the SECG, may be
located on 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 97-11 and
specific FAR case number(s). Interested parties may also visit our
website at http://www.arnet.gov/far.
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Item Subject FAR case Analyst
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I...................................... Review of FAR Representations. 96-013 Linfield.
II..................................... Very Small Business Concerns 98-013 Moss.
(Interim).
III.................................... Variation in Quantity......... 98-612 Moss.
IV..................................... Electronic Funds Transfer..... 91-118 Olson.
V...................................... Waiver of Cost or Pricing Data 98-302 De Stefano.
for Subcontracts.
VI..................................... Executive Order 12933, 94-610 O'Neill.
Nondisplacement of Qualified
Workers Under Certain
Contracts.
VII.................................... Recruitment Costs Principle... 98-001 Nelson.
VIII................................... Compensation for Senior 98-301 Nelson.
Executives (Interim).
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.
Federal Acquisition Circular 97-11 amends the Federal Acquisition
Regulation (FAR) as specified below:
Item I--Review of FAR Representations (FAR Case 96-013)
This final rule amends FAR parts 1, 4, 12, 14, 26, 27, 32, 41, and
52 to reduce certain contractual requirements for representations or
other affirmations that place an unnecessary burden on offerors or
contractors.
Item II--Very Small Business Concerns (FAR Case 98-013)
This interim rule amends Federal Acquisition Regulation (FAR) Parts
5, 8, 12, 19, and 52 to implement the Small Business Administration's
Very Small Business Pilot Program (13 CFR parts 121 and 125). The rule
provides for the set-aside of certain acquisitions between $2,500 and
$50,000 for very small business (VSB) concerns. The pilot VSB program
is limited to buying activities and VSBs located in 10 geographic
regions specified by the Small Business Administration and will run
through September 30, 2000.
Item III--Variation in Quantity (FAR Case 98-612)
This final rule revises the prescription in 11.703(a) for the
clause at 52.211-16, Variation in Quantity, to require use of the
clause only in solicitations and contracts where a variation in
quantity is authorized. This change makes the clause prescription
consistent with language in FAR 11.701(a).
Item IV--Electronic Funds Transfer (FAR Case 91-118)
This final rule amends FAR Parts 13, 16, 32, and 52 to address the
use of electronic funds transfer (EFT) for Federal contract payments,
and to facilitate implementation of Public Law 104-134 which mandates
payment by EFT in most situations. The final rule mainly differs from
the interim rule by removing references to the ``phase one'' time
period, which ended on January 1, 1999; by implementing applicable
provisions of the Department of the Treasury's final rule at 31 CFR
part 208 which addresses the ``phase two'' time period beginning
January 2, 1999; by addressing the situation where contractors furnish
EFT information by registering in the Central Contractor Registration
database; and by permitting agencies to collect EFT banking information
at various time periods ranging from prior to award (as a condition of
award) to after award (concurrent with the initial invoice).
Item V--Waiver of Cost or Pricing Data for Subcontracts (FAR Case
98-302)
Section 805 of Public Law 105-261 clarifies that waivers of
requirements for submittal of prime contractor cost or pricing data do
not automatically waive requirements for subcontractors to submit cost
or pricing data. Although this is consistent with the current
requirements of FAR 15.403-1(c)(4), the final rule clarifies the
requirement to provide rationale supporting any waiver of subcontracts.
Item VI--Executive Order 12933, Nondisplacement of Qualified
Workers Under Certain Contracts (FAR Case 94-610)
The interim rule published as Item III in FAC 97-01 is converted to
a final rule with minor changes. The final rule makes changes to the
definition of ``building service contract'' at FAR 22.1202, and
paragraphs (c) and (j) of the clause at 52.222-50, Nondisplacement of
Qualified Workers.
Item VII--Recruitment Costs Principle (FAR Case 98-001)
This final rule amends FAR 31.205-1, Public relations and
advertising costs, and FAR 31.205-34, Recruitment costs, to remove
excessive wording and details for streamlining purposes.
[[Page 10531]]
Item VIII--Compensation for Senior Executives (FAR Case 98-301)
This interim rule revises FAR section 31.205-6(p) to implement
Section 804 of the Strom Thurmond National Defense Authorization Act
for Fiscal Year 1999 (Pub. L. 105-261). Section 804 revises the
definition of ``senior executive'' at 10 U.S.C. 2324(1)(5) and at 41
U.S.C. 256(m)(2) to be ``the five most highly compensated employees in
management positions at each home office and each segment of the
contractor.'' This change applies to costs of compensation incurred
after January 1, 1999, regardless of the date of contract award.
Item IX--Technical Amendments
Amendments are being made at FAR 1.106, 25.402, 52.219-8, 53.228,
and 53.301-1418 in order to update references and make editorial
changes.
Dated: February 25, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Federal Acquisition Circular
Federal Acquisition Circular (FAC) 97-11 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 97-11 are
effective May 3, 1999, except for Items II, VIII, and IX, which are
effective March 4, 1999.
Eleanor R. Spector,
Director, Defense Procurement.
Edward C. Loeb,
Acting Deputy Associate Administrator, Office of Acquisition Policy,
General Services Administration.
Tom Luedtke,
Acting Associate Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 99-5202 Filed 3-3-99; 8:45 am]
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