[Federal Register Volume 63, Number 119 (Monday, June 22, 1998)]
[Rules and Regulations]
[Pages 34080-34081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-16123]
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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 as
the Federal Acquisition Regulation (FAR) Council. 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 the rules appearing in
Federal Acquisition Circular (FAC) 97-05 which amends the FAR. Further
information regarding these rules may be obtained by referring to FAC
97-05 which precedes this document. The FAC, including this document,
may be obtained from the Internet at http://www.arnet.gov/far.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, (202) 501-4755.
SUPPLEMENTARY INFORMATION:
List of Rules in FAC 97-05
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Item Subject Far case Analyst
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I Subcontract Consent....... 95-011................................. Klein
II Availability of 97-034................................. DeStefano
Specifications.
III Liquidated Damages........ 89-042/97-300.......................... Moss
IV Limits on Fee for Cost- 97-042................................. DeStefano
Plus-Incentive-Fee and
Cost-Plus-Award-Fee
Contracts.
V Rehabilitation Act, 96-610................................. O'Neill
Workers With Disabilities
(Interim).
VI Trade Agreements 97-044................................. Linfield
Thresholds.
VII Restrictions on Purchases 97-301................................. Linfield
from Sudan.
VIII Software Copyrights....... 97-614................................. O'Neill
IX Travel Reimbursement...... 97-007................................. Nelson
X No-Cost Value Engineering 96-011................................. Klein
Change Proposals
(Interim).
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Item I--Subcontract Consent (FAR Case 95-011)
This final rule amends FAR Parts 4, 22, 35, 36, 44, and 52 to
reduce requirements for consent to subcontract. The rule eliminates
consent requirements for contractors that have an approved purchasing
system, except when specific contracts requiring consent are identified
by the contracting officer; eliminates consent requirements for fixed-
price incentive contracts and fixed-price redeterminable contracts; and
increases, to the simplified acquisition threshold, the dollar level at
which consent requirements are included in time-and-materials, labor-
hour, and letter contracts.
Item II--Availability of Specifications (FAR Case 97-034)
This final rule amends FAR Parts 9 and 11 and the provisions at
52.211-1, 52.211-2, and 52.212-1 to update addresses and other
information regarding the availability of specifications, standards,
and item descriptions that may be cited in Government solicitations and
contracts. In addition, the rule clarifies the pricing policy regarding
specifications, standards, and commercial item descriptions issued by
GSA.
Item III--Liquidated Damages (FAR Cases 89-042 and 97-300)
This final rule amends FAR Parts 11, 19, 52, and 53 to clarify
policy on liquidated damages and commercial subcontracting plans
pertaining to requirements for subcontracting with small, small
disadvantaged, and women-owned small business concerns. The rule
implements Section 304 of the Business Opportunity Development Reform
Act of 1988 (Pub. L. 100-656) and OFPP Policy Letter 95-1,
Subcontracting Plans for Companies Supplying Commercial Items. The
interim rule published in FAC 84-50, FAR case 89-042, 54 FR 30708, July
21, 1989, has been merged with this final rule.
Item IV--Limits on Fee for Cost-Plus-Incentive-Fee and Cost-Plus-
Award-Fee Contracts (FAR Case 97-042)
This final rule amends FAR Part 16 to clarify fee limitations
pertaining to cost-reimbursement contracts. The FAR Part 15 rewrite in
FAC 97-02 eliminated non-statutory fee limitations for cost-plus-
incentive-fee and cost-plus-award-fee contracts. This final rule makes
conforming changes to FAR Part 16.
Item V--Rehabilitation Act, Workers With Disabilities (FAR Case 96-
610)
This interim rule amends FAR Subpart 22.14 and the clauses at
52.212-5 and 52.222-36 to implement revised Department of Labor
regulations regarding affirmative action to employ and advance in
employment qualified individuals with disabilities. The dollar
threshold for use of the clause at 52.222-36 has been increased from
$2,500 to $10,000.
[[Page 34081]]
Item VI--Trade Agreements Thresholds (FAR Case 97-044)
This final rule amends FAR Part 25 to implement revised thresholds
for application of the Trade Agreements Act and the North American Free
Trade Agreement, as published by the Office of the United States Trade
Representative in the Federal Register on January 14, 1998 (63 FR
2295).
Item VII--Restrictions on Purchases From Sudan (FAR Case 97-301)
This final rule amends FAR 25.701 and the clause at 52.225-11 to
add Sudan to the list of countries whose products are banned from
importation into the United States. This rule implements Executive
Order 13067, dated November 3, 1997.
Item VIII--Software Copyrights (FAR Case 97-614)
This final rule amends FAR 27.405 to add contracts for certain
computer software programs to the list of examples of contracts for
special works to which the Government may obtain copyrights.
Item IX--Travel Reimbursement (FAR Case 97-007)
The interim rule published as Item IX of FAC 97-03 is converted to
a final rule without change. The rule amends FAR 31.205-46 to increase
from $25.00 to $75.00 the threshold at which contractor personnel must
provide a receipt to support travel expenditures.
Item X--No-Cost Value Engineering Change Proposals (FAR Case 96-
011)
This interim rule revises FAR 48.104-3 to clarify that no-cost
value engineering change proposals (VECPs) may be used when, in the
contracting officer's judgment, reliance on other VECP approaches
likely would not be more cost-effective, and the no-cost settlement
would provide adequate consideration to the Government.
Dated: June 11, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 98-16123 Filed 6-19-98; 8:45 am]
BILLING CODE 6820-EP-P
