[Federal Register Volume 64, Number 42 (Thursday, March 4, 1999)]
[Rules and Regulations]
[Pages 10552-10553]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-5212]
[[Page 10552]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Regulation; Small Entity Compliance Guide
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
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SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
Administrator for the National Aeronautics and Space Administration.
This Small Entity Compliance Guide has been prepared in accordance with
Section 212 of the Small Business Regulatory Enforcement Fairness Act
of 1996 (Public Law 104-121). It consists of a summary of rules
appearing in Federal Acquisition Circular (FAC) 97-11 which amend the
FAR. The rules marked with an asterisk (*) are those for which a
regulatory flexibility analysis has been prepared in accordance with 5
U.S.C. 604. Further information regarding these rules may be obtained
by referring to FAC 97-11 which precedes this document. This document
may be obtained from the Internet at http://www.arnet.gov/far.
FOR FURTHER INFORMATION CONTACT: Laurie Duarte, FAR Secretariat, (202)
501-4225.
List of Rules in FAC 97-11
------------------------------------------------------------------------
Item Subject FAR case Analyst
------------------------------------------------------------------------
I................... Review of FAR 96-013 Linfield.
Representation
s.
II.................. Very Small 98-013 Moss.
Business
Concerns
(Interim).
III................. Variation in 98-612 Moss.
Quantity.
IV.................. * Electronic 91-118 Olson.
Funds Transfer.
V................... Waiver of Cost 98-302 De Stefano.
or Pricing
Data for
Subcontracts.
VI.................. Executive Order 94-610 O'Neill.
12933,
Nondisplacemen
t of Qualified
Workers Under
Certain
Contracts.
VII................. Recruitment 98-001 Nelson.
Costs
Principle.
VIII................ Compensation 98-301 Nelson.
for Senior
Executives
(Interim).
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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 the 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.
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
[[Page 10553]]
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.
Dated: February 25, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 99-5212 Filed 3-3-99; 8:45 am]
BILLING CODE 6820-EP-P
