99-17520. Federal Acquisition Regulation; Ocean Transportation by U.S.-Flag Vessels  

  • [Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
    [Proposed Rules]
    [Pages 37640-37641]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-17520]
    
    
    
    [[Page 37639]]
    
    _______________________________________________________________________
    
    Part IV
    
    Department of Defense
    
    General Services Administration
    
    National Aeronautics and Space Administration
    _______________________________________________________________________
    
    
    
    48 CFR Parts 47 and 52
    
    
    
    Federal Acquisition Regulation; Ocean Transportation by U.S.-Flag 
    Vessels; Proposed Rule
    
    Federal Register / Vol. 64, No. 132 / Monday, July 12, 1999 / 
    Proposed Rules
    
    [[Page 37640]]
    
    
    
    DEPARTMENT OF DEFENSE
    
    GENERAL SERVICES ADMINISTRATION
    
    NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
    
    48 CFR Parts 47 and 52
    
    [FAR Case 98-604]
    RIN 9000-AI39
    
    
    Federal Acquisition Regulation; Ocean Transportation by U.S.-Flag 
    Vessels
    
    AGENCIES: Department of Defense (DoD), General Services Administration 
    (GSA), and National Aeronautics and Space Administration (NASA).
    
    ACTION: Proposed rule.
    
    -----------------------------------------------------------------------
    
    SUMMARY: The Civilian Agency Acquisition Council and the Defense 
    Acquisition Regulations Council are proposing to amend the Federal 
    Acquisition Regulation (FAR) to clarify application of the preference 
    for U.S.-flag vessels.
    
    DATES: Comments should be submitted on or before September 10, 1999 to 
    be considered in the formulation of a final rule.
    
    ADDRESSES: Interested parties should submit written comments to: 
    General Services Administration, FAR Secretariat (MVR), 1800 F Street, 
    NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405.
        E-mail comments submitted over Internet should be addressed to: 
    farcase.98-604@gsa.gov.
        Please cite FAR case 98-604 in all correspondence related to this 
    case.
    
    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 Ms. Linda Klein, Procurement Analyst, at (202) 501-
    3775. Please cite FAR case 98-604.
    
    SUPPLEMENTARY INFORMATION:
    
    A. Background
    
        This rule proposes to amend the FAR as follows:
         Apply the preference for U.S.-flag vessels to contracts 
    awarded using simplified acquisition procedures (47.504 and 52.213-4).
         Add to the clause at 52.212-5, Contract Terms and 
    Conditions Required to Implement Statues or Executive Orders-Commercial 
    Items, Alternate I to 52.247-64, Preference for Privately Owned U.S.-
    Flag Commercial Vessels.
         Incorporate in the clause at 52.247-64 the exception at 
    47.504(e) for subcontracts for commercial items or commercial 
    components.
        Subpart 47.5, Ocean Transportation by U.S.-Flag Vessels, of the 
    Federal Acquisition Regulations, does not apply to the Department of 
    Defense. Policy and procedures applicable to DoD appear in DFARS 
    subpart 247.5.
        This regulatory action was not subject to Office of Management and 
    Budget review under Executive Order 12866, dated September 30, 1993, 
    and is not a major rule under 5 U.S.C. 804.
    
    B. Regulatory Flexibility Act
    
        This proposed rule is not expected to have a significant economic 
    impact on a substantial number of small entities within the meaning of 
    the Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because most 
    ocean transportation companies are large business concerns. An Initial 
    Regulatory Flexibility Analysis has, therefore, not been performed. 
    Comments from small entities concerning the affected FAR subpart will 
    be considered in accordance with 5 U.S.C. 610 of the Act. Such comments 
    must be submitted separately and should cite 5 U.S.C. 601, et seq. (FAR 
    case 98-604), in correspondence.
    
    C. Paperwork Reduction Act
    
        The Paperwork Reduction Act does not apply because the changes to 
    the FAR do not impose information collection requirements that require 
    the approval of the Office of Management and Budget under 44 U.S.C. 
    3501, et seq. The information collection requirements of the clause at 
    FAR 52.247-64 have been approved under OMB Control Number 9000-0054.
    
    List of Subjects in 48 CFR Parts 47 and 52
    
        Government procurement.
    
        Dated: July 6, 1999.
    Jeremy F. Olson,
    Acting Director, Federal Acquisition Policy Division.
        Therefore, it is proposed that 48 CFR parts 47 and 52 be amended as 
    set forth below:
        1. The authority citation for 48 CFR parts 47 and 52 continues to 
    read as follows:
    
        Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
    U.S.C. 2473(c).
    
    PART 47--TRANSPORTATION
    
        2. Amend section 47.504 to remove paragraph (d) and redesignate 
    paragraph (e) as (d); and at the beginning of the newly redesignated 
    paragraph (d) revise the first sentence to read as follows:
    
    
    47.504  Exceptions.
    
    * * * * *
        (d) Subcontracts for the acquisition of commercial items or 
    commercial components (see 12.504(a)(13)). * * *
    
    PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
    
        3. Amend section 52.212-5 to revise the date of the clause; 
    redesignate paragraph (b)(26) as (b)(26)(i); and add paragraph 
    (b)(26)(ii) to read as follows:
    
    
    52.212-5  Contract Terms and Conditions Required to Implement Statues 
    or Executive Orders--Commercial Items.
    
    * * * * *
    
    Contract Terms and Conditions Required to Implement Statues or 
    Executive Orders--Commercial Items (Date)
    
    * * * * *
        (b) * * *
        ________ (26)(ii) Alternate I of 52.247-64.
    * * * * *
        4. Amend section 52.213-4 to revise the date of the clause; and add 
    paragraph (b)(1)(xi) to read as follows:
    
    
    52.213-4  Terms and Conditions--Simplified Acquisitions (Other Than 
    Commercial Items).
    
    * * * * *
    
    Terms and Conditions--Simplified Acquisitions (Other Than Commercial 
    Items) (Date)
    
    * * * * *
        (b) * * *
        (1) * * *
        (xi) 52.247-64, Preference for Privately Owned U.S.-Flag 
    Commercial Vessels (DATE)(46 U.S.C. 1241). (Applies to supplies 
    transported by ocean vessels.)
    * * * * *
        5. Amend section 52.247-64 to revise the date of the clause; revise 
    paragraph (d); remove paragraph (e)(1); and redesignate paragraphs 
    (e)(2) through (e)(4) as (e)(1) to (e)(3), respectively. The revised 
    text reads as follows:
    
    
    52.247-64  Preference for Privately Owned U.S.-Flag Commercial Vessels
    
    * * * * *
    
    Preference for Privately Owned U.S.-Flag Commercial Vessels (Date)
    
    * * * * *
        (d)(1) Except as provided in paragraph (d)(2) of this clause, 
    the Contractor shall insert the substance of this clause, including 
    this paragraph (d), in all subcontracts or purchase orders under 
    this contract.
        (2) Unless this is a contract for ocean transportation services, 
    the Contractor is not required to insert the substance of this 
    clause in subcontracts under this contract for the
    
    [[Page 37641]]
    
    acquisition of commercial items or commercial components.
    * * * * *
    [FR Doc. 99-17520 Filed 7-9-99; 8:45 am]
    BILLING CODE 6820-EP-P
    
    
    

Document Information

Published:
07/12/1999
Department:
National Aeronautics and Space Administration
Entry Type:
Proposed Rule
Action:
Proposed rule.
Document Number:
99-17520
Dates:
Comments should be submitted on or before September 10, 1999 to be considered in the formulation of a final rule.
Pages:
37640-37641 (2 pages)
Docket Numbers:
FAR Case 98-604
RINs:
9000-AI39
PDF File:
99-17520.pdf
CFR: (2)
48 CFR 47
48 CFR 52