[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Page 22010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11862]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapters 1 and 2
[FAR Case 96-308]
Federal Acquisition Regulation; Implementation of Commercially
Available Off-the-Shelf Item Acquisition Provisions of the Federal
Acquisition Reform Act
AGENCIES: Department of Defense, General Services Administration, and
National Aeronautics and Space Administration.
ACTION: Advance notice of proposed rulemaking.
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SUMMARY: The Federal Acquisition Regulatory Council is soliciting
comments regarding the implementation of section 4203 of the Federal
Acquisition Reform Act (Pub. L. 104-106) (the Act) with respect to
Commercially Available Off-the-Shelf Item Acquisitions. The Act
requires the FAR to list provisions of law that are inapplicable to
contracts for the acquisition of commercially available off-the-shelf
items. Certain laws have already been determined to be inapplicable to
all commercial items as a result of the implementation of the Federal
Acquisition Streamlining Act of 1994 (see FAR 12.503). The additional
provisions of law that could be determined inapplicable to commercially
available off-the-shelf items are listed under
SUPPLEMENTARY INFORMATION below.
DATES: Comments should be submitted to the address shown below by June
28, 1996.
ADDRESSES: Interested parties should submit comments to the FAR
Secretariat, General Services Administration, 18th and F Sts. NW,
Washington, DC 20405. Please cite FAR Case 96-308.
FOR FURTHER INFORMATION CONTACT: FAR Secretariat, (202) 501-4755.
SUPPLEMENTARY INFORMATION: 15 U.S.C. 637(d) (2) and (3), Utilization
of Small Business Concerns (see 52.219-8); 15 U.S.C. 637(d)(4), Small
Business Subcontracting Plan (see 52.219-9); 15 U.S.C. 637(a)(14),
Limitation on Subcontracting (see 52.219-14); 19 U.S.C. 1202, Tariff
Act of 1930 (see 52.225-10); 19 U.S.C. 1309, Supplies for Certain
Vessels and Aircraft (see 52.225-10); 19 U.S.C. 2701, et seq.,
Authority to Grant Duty Free Treatment (see 52.225-10); 29 U.S.C. 793,
Affirmative Action for Handicapped Workers (see 52.222-36); 38 U.S.C.
4212, Affirmative Action for Special Disabled Vietnam Era Veterans (see
52.222-35); 38 U.S.C. 4212(d)(1), Employment Reports on Special
disabled Veterans and Veterans of the Vietnam Era (see 52.222-37); 41
U.S.C. 10, Buy American Act--Supplies (see 52.225-3); 41 U.S.C. 253d,
Validation of Proprietary Data Restrictions (see 52.227-14); 41 U.S.C.
253g and 10 U.S.C. 2482, Prohibition on Limiting Subcontractor Direct
Sales to the United States (see 52.203-6); 41 U.S.C. 254(b) and 10
U.S.C. 2306a, Truth in Negotiations Act (see 15.804); 41 U.S.C. 254d(c)
and 10 U.S.C. 2513(c), Examination of Records of Contractor (see
52.215-2); 41 U.S.C. 418a, Rights in Technical Data (see 52.227-14); 41
U.S.C. 442, Cost Accounting Standards (see FAR Appendix B, 48 CFR
Chapter 99); 41 U.S.C. 423(e)(3), Administrative Actions (see 3.104);
46 U.S.C. 1241(b), Transportation in American Vessels of Government
Personnel and Certain Cargo (see 52.247-64); 49 U.S.C. 40118, Fly
American Provisions (see 52.247-63); For purposes of this notice, a
``commercially available off-the-shelf item'' means--
(1) a commercial item as defined in FAR 2.101;
(2) an item sold in substantial quantities in the commercial
marketplace; and
(3) an item is offered to the Government, without modification, in
the same form in which it is sold in the commercial marketplace. This
does not include bulk cargo, as defined in 46 U.S.C. App. 1702, such as
agricultural and petroleum products. The FAR Council is requesting any
interested parties to provide advance comments on:
(1) the definition of ``commercially available off-the-shelf item''
cited above.
(2) whether the above cited list of statutory provisions that could
be determined inapplicable to commercial off-the-shelf items is
complete.
(3) whether the specific provisions of law should be determined to
be inapplicable. Comments received will be considered in the
development of proposed or interim rules. In addition, a 60-day public
comment period will be provided once proposed and/or interim FAR rules
are drafted. Noted that agency specific statutory provisions will be
addressed in separates Federal Register notices.
Dated: May 7, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-11862 Filed 5-10-96; 8:45 am]
BILLING CODE 6820-EP-M
