Federal Acquisition Regulation; Implementation of Commercially Available Off-the-Shelf Item Acquisition Provisions of the Federal Acquisition Reform Act

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapters 1 and 2

[FAR Case 96-308]

Federal Acquisition Regulation; Implementation of Commercially

Available Off-the-Shelf Item Acquisition Provisions of the Federal

Acquisition Reform Act

AGENCIES: Department of Defense, General Services Administration, and

National Aeronautics and Space Administration.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Federal Acquisition Regulatory Council is soliciting

comments regarding the implementation of section 4203 of the Federal

Acquisition Reform Act (Pub. L. 104-106) (the Act) with respect to

Commercially Available Off-the-Shelf Item Acquisitions. The Act

requires the FAR to list provisions of law that are inapplicable to

contracts for the acquisition of commercially available off-the-shelf

items. Certain laws have already been determined to be inapplicable to

all commercial items as a result of the implementation of the Federal

Acquisition Streamlining Act of 1994 (see FAR 12.503). The additional

provisions of law that could be determined inapplicable to commercially

available off-the-shelf items are listed under

SUPPLEMENTARY INFORMATION below.

DATES: Comments should be submitted to the address shown below by June

28, 1996.

ADDRESSES: Interested parties should submit comments to the FAR

Secretariat, General Services Administration, 18th and F Sts. NW,

Washington, DC 20405. Please cite FAR Case 96-308.

FOR FURTHER INFORMATION CONTACT: FAR Secretariat, (202) 501-4755.

SUPPLEMENTARY INFORMATION: 15 U.S.C. 637(d) (2) and (3), Utilization

of Small Business Concerns (see 52.219-8); 15 U.S.C. 637(d)(4), Small

Business Subcontracting Plan (see 52.219-9); 15 U.S.C. 637(a)(14),

Limitation on Subcontracting (see 52.219-14); 19 U.S.C. 1202, Tariff

Act of 1930 (see 52.225-10); 19 U.S.C. 1309, Supplies for Certain

Vessels and Aircraft (see 52.225-10); 19 U.S.C. 2701, et seq.,

Authority to Grant Duty Free Treatment (see 52.225-10); 29 U.S.C. 793,

Affirmative Action for Handicapped Workers (see 52.222-36); 38 U.S.C.

4212, Affirmative Action for Special Disabled Vietnam Era Veterans (see

52.222-35); 38 U.S.C. 4212(d)(1), Employment Reports on Special

disabled Veterans and Veterans of the Vietnam Era (see 52.222-37); 41

U.S.C. 10, Buy American Act--Supplies (see 52.225-3); 41 U.S.C. 253d,

Validation of Proprietary Data Restrictions (see 52.227-14); 41 U.S.C.

253g and 10 U.S.C. 2482, Prohibition on Limiting Subcontractor Direct

Sales to the United States (see 52.203-6); 41 U.S.C. 254(b) and 10

U.S.C. 2306a, Truth in Negotiations Act (see 15.804); 41 U.S.C. 254d(c)

and 10 U.S.C. 2513(c), Examination of Records of Contractor (see

52.215-2); 41 U.S.C. 418a, Rights in Technical Data (see 52.227-14); 41

U.S.C. 442, Cost Accounting Standards (see FAR Appendix B, 48 CFR

Chapter 99); 41 U.S.C. 423(e)(3), Administrative Actions (see 3.104);

46 U.S.C. 1241(b), Transportation in American Vessels of Government

Personnel and Certain Cargo (see 52.247-64); 49 U.S.C. 40118, Fly

American Provisions (see 52.247-63); For purposes of this notice, a

``commercially available off-the-shelf item'' means--

(1) a commercial item as defined in FAR 2.101;

(2) an item sold in substantial quantities in the commercial

marketplace; and

(3) an item is offered to the Government, without modification, in

the same form in which it is sold in the commercial marketplace. This

does not include bulk cargo, as defined in 46 U.S.C. App. 1702, such as

agricultural and petroleum products. The FAR Council is requesting any

interested parties to provide advance comments on:

(1) the definition of ``commercially available off-the-shelf item''

cited above.

(2) whether the above cited list of statutory provisions that could

be determined inapplicable to commercial off-the-shelf items is

complete.

(3) whether the specific provisions of law should be determined to

be inapplicable. Comments received will be considered in the

development of proposed or interim rules. In addition, a 60-day public

comment period will be provided once proposed and/or interim FAR rules

are drafted. Noted that agency specific statutory provisions will be

addressed in separates Federal Register notices.

Dated: May 7, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 96-11862 Filed 5-10-96; 8:45 am]

BILLING CODE 6820-EP-M