Federal Acquisition Regulation; Shipments to Ports and Air Terminals

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAC 90-23; FAR Case 91-11; Item XXXV]

RIN 9000-AE57

Federal Acquisition Regulation; Shipments to Ports and Air

Terminals

AGENCIES: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed on a final rule to amend

the Federal Acquisition Regulation (FAR) concerning the provision,

Evaluation of Export Offers, to require contracting officers to

publish, with the solicitation, available information on port handling

and ocean charges for DOD water terminals. Several editorial and minor

technical changes were also made to the provision. This regulatory

action was not subject to Office of Management and Budget (OMB) review

under Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

FOR FURTHER INFORMATION CONTACT: Mr. Peter O'Such at (202) 501-1759 in

reference to this FAR case. For general information, contact the FAR

Secretariat, room 4037, GS Building, Washington, DC 20405 (202) 501-

4755. Please cite FAC 90-23, FAR case 91-11.

SUPPLEMENTARY INFORMATION:

A. Background

This change was recommended as a result of the Defense Management

Review Regulatory Reform initiative. The Councils determined that

language in FAR supplements would be useful for all Federal contracting

activities. The proposed rule was published in the Federal Register at

56 FR 20573, May 6, 1991. We received and evaluated public comments and

made revisions to the proposed rule based on public comments.

B. Regulatory Flexibility Act

The Department of Defense, the General Services Administration, and

the National Aeronautics and Space Administration certify that this

rule will not have a significant economic impact on a substantial

number of small entities under the Regulatory Flexibility Act, 5 U.S.C.

601, et seq., because it prescribes Government responsibilities for

furnishing port handling and ocean charges in the solicitation.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to

the FAR do not impose recordkeeping or information collection

requirements, or collection of information from offerors, contractors,

or members of the public which require OMB approval under 44 U.S.C.

3501, et seq.

List of Subjects in 48 CFR Part 52

Government procurement.

Dated: December 7, 1994.

Albert A. Vicchiolla

Director, Office of Federal Acquisition Policy.

Therefore, 48 CFR part 52 is amended as set forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

1. The authority citation for 48 CFR part 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).

2. Section 52.247-51 is amended by revising the introductory

paragraph, the date in the title of the provision, paragraphs (a) and

(d), and paragraph (a) of Alternate I, and by removing ``(R 7-2003.20

1968 JUN)'' following both the provision and Alternate I to read as

follows:

52.247-51 Evaluation of Export Offers.

As prescribed in 47.305-6(e), insert the following provision:

Evaluation of Export Offers (Feb. 1995)

(a) Port handling and ocean charges--other than DOD water

terminals. Port handling and ocean charges in tariffs on file with

the Bureau of Domestic Regulation, Federal Maritime Commission, or

other appropriate regulatory authorities as of the date of bid

opening (or the closing date specified for receipt of offers) and

which will be effective for the date of the expected initial

shipment will be used in the evaluation of offers.

* * * * *

(d) Ports of loading for evaluation of offers. Terminals to be

used by the Government in evaluating offers are as follows: (For the

information of the offerors, ocean and port handling charges are set

forth if the terminal named is a DOD water terminal.)

Ports/Terminals of Combined Ocean and Port Handling Unit of Measure: i.e. metric ton,

Loading Charges to (Indicate Country) measurement ton, cubic foot, etc.

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Alternate I (FEB 1995). * * *

(a) Port handling and ocean charges--DOD water terminals. The

port handling and ocean charges are set forth in paragraph (d) of

this provision for the information of offerors and are current as of

the time of issuance of the solicitation. For evaluation of offers,

the Government will use the port handling and ocean charges made

available by the Directorate of International Traffic, Military

Traffic Management Command rate information letters, on file as of

the date of bid opening (or the closing date specified for receipt

of offers) and which will be effective for the date of the expected

initial shipment.

* * * * *

[FR Doc. 94-30634 Filed 12-27-94; 8:45 am]

BILLING CODE 6820-34-P