[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41466-41467]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20186]
[[Page 41465]]
_______________________________________________________________________
Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Ch. 1, et al.
Federal Acquisition Regulations; Introduction of Miscellaneous
Amendments; Final and Interim Rules
Federal Register / Vol. 61, No. 154 / Thursday, August 8, 1996 /
Rules and Regulations
[[Page 41466]]
DEPARTMENT OF DEFENSE-
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Federal Acquisition Circular 90-41]
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 and interim rules.
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SUMMARY: This document serves to introduce and relate together the
interim and final rule documents which follow and which comprise
Federal Acquisition Circular (FAC) 90-41. The Civilian Agency
Acquisition Council and the Defense Acquisition Regulations Council
have agreed to issue FAC 90-41 to amend the Federal Acquisition
Regulation (FAR) to implement changes in the following subject areas. A
companion document, the Small Entities Compliance Guide, follows this
FAC and may be located on the Internet at http://www.gsa.gov/far/
compliance.
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Item- Subject FAR case- Analyst
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I.................... Information Technology 96-319 O'Neill.
Management Reform Act of
1996.
II................... Compliance with Immigration 96-320- DeStefano.-
and Nationality Act
Provisions.
III.................. Federal Acquisition and 95-305- DeStefano.
Community Right-to-Know.
IV................... Restrictions on Certain 95-303 O'Such.
Foreign Purchases.
V.................... Legal Proceedings Costs-.... 93-010 Olson.
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DATES: For effective dates and comment dates, see individual documents
which appear elsewhere in this separate part.
FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in
relation to each FAR case or subject area. For general information,
contact the FAR Secretariat, Room 4037, GS Building, Washington, DC,
20405 (202) 501-4755. Please cite FAC 90-41 and FAR case number(s).
SUPPLEMENTARY INFORMATION: Federal Acquisition Circular 90-41 amends
the 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--Information Technology Management Reform Act of 1996 (FAR
Case 96-319)
This interim rule implements the Information Technology Management
Reform Act (ITMRA) of 1996 (Division E of Public Law 104-106). ITMRA
seeks to improve Federal information management and to facilitate
acquisition of state-of-the-art information technology that is critical
for improving the efficiency and effectiveness of Government
operations. Under ITMRA, each executive agency is authorized to acquire
information technology, including entering into contracts that provide
for multi-agency acquisitions of information technology in accordance
with guidance issued by the Office of Management and Budget. This
interim rule also contains certain policies and procedures from the
Federal Information Resources Management Regulation (FIRMR). The
changes to the FAR include (1) addition of a definition of
``information technology'' at 2.101; (2) relocation of the definition
of ``major system'' from 34.001 to 2.101; (3) addition of a new Subpart
8.9, Financial Management Systems Software (FMSS) Mandatory Multiple
Award Schedule (MAS) Contracts Program; (4) revision of Part 39,
Acquisition of Information Technology; (5) addition of a new clause at
52.239-1, Privacy or Security Safeguards; and (6) various conforming
amendments in other parts of the FAR.
Item II--Compliance with Immigration and Nationality Act Provisions
(FAR Case 96-320)
This interim rule amends FAR 9.406 to implement Executive Order
12989 of February 13, 1996, Economy and Efficiency in Government
Procurement Through Compliance with Certain Immigration and Nationality
Act Provisions. The Executive Order provides that a contractor may be
debarred upon a determination by the Attorney General that the
contractor is not in compliance with the employment provisions of the
Immigration and Nationality Act.
Item III--Federal Acquisition and Community Right-to-Know (FAR Case
95-305)
The interim rule published in FAC 90-34 is revised and finalized.
The rule implements Executive Order 12969, Federal Acquisition and
Community Right-to-Know, which requires that Government contractors
report in a public manner on toxic chemicals released into the
environment. The final rule differs from the interim rule in that it
amends FAR Subpart 23.9, the provision at 52.223-13, and the clause at
52.223-14 to clarify that (1) an offeror must submit a Certification of
Toxic Chemical Release Reporting regarding only those facilities that
it owns or operates, and (2) a contractor must file a Toxic Chemical
Release Inventory Form with the Environmental Protection Agency only
for its facilities that are subject to the reporting requirements of
the Emergency Planning and Community Right-to-Know Act of 1986.
Item IV--Restrictions on Certain Foreign Purchases (FAR Case 95-
303)-
This final rule amends FAR Subpart 25.7 and the clause at 52.225-11
to (1) implement Executive Order 12959, Prohibiting Certain
Transactions with Respect to Iran, and (2) reflect the regulations of
the Department of the Treasury, Office of Foreign Assets Control (31
CFR Chapter V). Iran and Libya are added to the list of sources from
which procurement is restricted; Vietnam, Cambodia, and South Africa
are removed from the list.
Item V--Legal Proceedings Costs (FAR Case 93-010)
This final rule amends FAR 31.205-47 to make the costs of pre- or
post-award protests unallowable. An
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exception to this requirement is made for costs incurred to defend
against a protest, if the costs are incurred pursuant to a written
request from the contracting officer.
Dated: August 2, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Federal Acquisition Circular
August 8, 1996; Number 90-41
Federal Acquisition Circular (FAC) 90-41 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.
FAR case 96-320 is effective August 8, 1996. FAR cases 93-010, 95-
303, and 95-305 are effective October 7, 1996. Far Case 96-319 is
effective August 8, 1996, and applies to all information technology
solicitations issued on or after August 8, 1996.
Dated: July 29, 1996.
Eleanor R. Spector,
Director, Defense Procurement.
Dated: July 23, 1996.
Edward C. Loeb,
Acting Deputy Associate Administrator, Office of Acquisition Policy,
General Services Administration.
Tom Luedtke,
Deputy Associate Administrator for Procurement, National Aeronautics
and Space Administration.
[FR Doc. 96-20186 Filed 8-7-96; 8:45 am]
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