[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Rules and Regulations]
[Pages 37772-37773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17933]
[[Page 37771]]
_______________________________________________________________________
Part VI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Ch. 1 et al.
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 60, No. 140 / Friday, July 21, 1995 / Rules
and Regulations
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[[Page 37772]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Federal Acquisition Circular 90-30]
Federal Acquisition Regulation; Introduction of Miscellaneous
Amendments
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of final rules.
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SUMMARY: This document serves to introduce the final rules which follow
and which comprise Federal Acquisition Circular (FAC) 90-30. The
Federal Acquisition Regulatory Council has agreed to issue FAC 90-30 to
amend
the Federal Acquisition Regulation (FAR) to implement changes in the
following subject areas:
------------------------------------------------------------------------
Item Subject FAR case Team leader
------------------------------------------------------------------------
I............ Officials not to 94-802 Rothlein, (703) 697-
benefit. 4349.
II........... Procurement integrity. 94-804 Rothlein, (703) 697-
4349.
III.......... Whistleblower 94-803 Rothlein, (703) 697-
protection. 4349.
IV........... Repeal of requirements 94-700 Rider, (703) 614-
for secretarial/ 1634.
agency head
determinations
regarding use of cost
type or incentive
contracts.
V............ Service contract 94-766 Galbraith, (703) 697-
funding. 6710.
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DATES: For effective dates, see individual documents following this
one.
FOR FURTHER INFORMATION CONTACT:
The team leader whose name appears in relation to each FAR case. For
general information, contact the FAR Secretariat, Room 4037, GS
Building, Washington, DC 20405, (202) 501-4755. Please cite FAC 90-30
and FAR case number(s).
SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-30 amends
the Federal Acquisition Regulation (FAR) as specified below:
Case Summaries
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.
Item I--Officials Not to Benefit (Ethics)
(FAR Case 94-802)
Section 6004 of the Federal Acquisition Streamlining Act of 1994
(Pub. L. 103-355) amended 41 U.S.C. 22 by repealing the requirement for
every Government contract or agreement to express the condition that
certain officials shall not benefit from the award of that contract or
agreement. This final rule deletes the clause at FAR 52.203-1, since
there is no longer a statutory requirement to include such a clause in
Government contracts. The statements of policy at FAR 3.102 are also
deleted. The criminal provisions found at 18 U.S.C. 431 and 432 remain
in effect.
Item II--Procurement Integrity (Ethics)
(FAR Case 94-804)
Section 8301(e) of Public Law 103-355 excludes procurements of
commercial items from the statutory requirement for contractor
employees to certify that they are familiar with the Procurement
Integrity Act and that they will report violations of the Act. This
final rule amends FAR 3.104-9, 52.203-8, and 52.203-9 to implement
Section 8301(e).
Item III--Whistleblower Protections for Contractor Employees (Ethics)
(FAR Case 94-803)
Sections 6005 and 6006 of Public Law 103-355 provide whistleblower
protections for contractor employees. This final rule adds a new
subpart at FAR 3.9 to implement Sections 6005 and 6006.
Item IV--Repeal of Requirements for Secretarial/Agency Head
Determinations Regarding Use of Cost Type or Incentive Contractors
(FAR Case 94-700)
This rule finalizes the interim rule published as Item I of FAC 90-
24. The rule implements Sections 1021, 1071, and 1501 of Public Law
103-355. Sections 1021 and 1071 repealed the statutory requirement for
an agency head determination before using a cost type or incentive
contract. Section 1501 repealed Section 2301 of Title 10, United States
Code. Therefore, the interim rule revised the FAR to delete the
determination requirements which are no longer necessary and to delete
references to 10 U.S.C. 2301. The final rule also amends FAR
16.306(c)(2) to permit contracting officers to sign determinations and
findings that are still required to establish the basis for application
of the statutory price or fee limitation in cost-plus-fixed-fee
contracts.
Item V--Service Contract Funding
(FAR Case 94-766)
Section 1073 of Public Law 103-355 provides authority for executive
branch agencies other than the Department of Defense, United States
Coast Guard, and the National Aeronautics and Space Administration to
write service contracts that cross fiscal years, and to fund those
contracts with one fiscal year's funds. This final rule amends FAR
32.703-3 and 37.106 to implement Section 1073.
Dated: July 17, 1995.
Capt. Barry L. Cohen, SC, USN,
Project Manager for the Implementation of the Federal Acquisition
Streamline Act of 1994.
Federal Acquisition Circular
Number 90-30
Federal Acquisition Circular (FAC) 90-30 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.
[[Page 37773]]
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 90-30 is effective
September 19, 1995, except for Item V which is effective August 21,
1995.
Dated: July 13, 1995.
Eleanor R. Spector,
Director, Defense Procurement.
Dated: July 7, 1995.
Ida M. Ustad,
Associate Administrator for Acquisition Policy General Services
Administration.
Dated: July 13, 1995.
Thomas S. Luedtke,
Deputy Associate Administrator for Procurement National Aeronautics and
Space Administration.
[FR Doc. 95-17933 Filed 7-20-95; 8:45 am]
BILLING CODE 6820-EP-M
