Federal Acquisition Circular 97-15; Introduction

SUMMARY: This document summarizes the Federal Acquisition Regulation

(FAR) rules issued by the Civilian Agency Acquisition Council and the

Defense Acquisition Regulations Council in this Federal Acquisition

Circular (FAC) 97-15. A companion document, the Small Entity Compliance

Guide (SECG), follows this FAC. The FAC, including the SECG, is

available via the Internet at http://www.arnet.gov/far.

DATES: For effective dates and comment dates, see separate documents

which follow.

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 the analyst whose name appears in the table below in

relation to each FAR case or subject area. Please cite FAC 97-15 and

specific FAR case number(s). Interested parties may also visit our

website at http://www.arnet.gov/far.

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Item Subject FAR case Analyst

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I............................ Pollution Control and Clean Air 97-033 Linfield

and Water.

I............................ Foreign Acquisition (Part 25 97-024 Linfield

Rewrite).

III.......................... Contract Bundling (Interim)...... 1997-306 De Stefano

(97-306)

IV........................... Deobligation Authority........... 99-015 Klein

V............................ Transition of the Financial 99-602 Nelson

Management System Software

Program.

VI........................... Document Availability............ 99-018 Moss

VII.......................... SBA's 8(a) Business Development 98-011 Moss

Program.

VIII......................... Special Simplified Procedures for 99-304 Moss

Purchases of Commercial Items in

Excess of the Simplified

Acquisition Threshold.

IX........................... Review of Award Fee 98-017 De Stefano

Determinations (Burnside-Ott).

X............................ Nondisplacement of Qualified 99-600 O'Neill

Workers--Commercial Items.

XI........................... Technical Amendments.............

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SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. 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.

Federal Acquisition Circular 97-15 amends the FAR as specified

below:

Item I--Pollution Control and Clean Air and Water (FAR Case 97-033)

This final rule amends the FAR to remove Subpart 23.1, Pollution

Control and Clear Air and Water; the provision at 52.223-1, Clean Air

and Water Certification; and the clause at 52.223-2, Clean Air and

Water. This amendment eliminates the burden on offerors to certify that

they do not propose to use a facility for performance of the contract

that is on the Environmental Protection Agency's (EPA) ``List of

Violating Facilities.'' Contracting officers will use the ``GSA List of

Parties Excluded from Federal Procurement and Nonprocurement Programs''

(GSA List) to ensure that they do not award contracts to ineligible

offerors. Excluded parties whose ineligibility is limited by reason of

a Clean Air Act (CAA) or Clean Water Act (CWA) conviction are

identified by the facility and conviction listing, the Cause and

Treatment Code ``H'' annotation, in the GSA List. Internet access to

the GSA List is available at http://www.epls.arnet.gov. These FAR

changes do not change long-standing policy that a contracting officer

cannot award a contract if performance of the contract would be at a

facility convicted of a CAA or CWA violation unless the EPA has

certified that the facility has corrected the cause giving rise to the

conviction.

Item II--Foreign Acquisition (Part 25 Rewrite) (FAR Case 97-024)

This final rule amends FAR Parts 1, 2, 5, 6, 9, 12, 13, 14, 15, 17,

25, 36, and 52 to clarify policies and procedures concerning foreign

acquisition and to rewrite Part 25 in plain language.

Item III--Contract Bundling (FAR Case 1997-306) (97-306)

This interim rule amends the FAR to implement Sections 411-417 of

the Small Business Reauthorization Act of 1997. Sections 411-417 amend

Title 15 of the U.S.C. to define ``contract bundling,'' and to require

agencies to avoid unnecessary bundling that precludes small business

participation in the performance of Federal contracts.

Item IV--Deobligation Authority (FAR Case 99-015)

This final rule revises FAR 4.804-5 and 42.302 to establish

deobligation of excess funds as one of the contract administration

functions normally delegated to the contract administration office. In

addition, the rule includes editorial revisions for plain language

purposes.

Item V--Transition of the Financial Management System Software

Program (FAR Case 99-602)

This final rule amends the FAR to delete Subpart 8.9, Financial

Management Systems Software Mandatory Multiple Award Schedules

Contracts Program.

Item VI--Document Availability (FAR Case 99-018)

This final rule amends the Federal Acquisition Regulation (FAR) at

11.201(d) and 52.211-2 to update how the public may obtain Department

of Defense specifications and standards.

Item VII--SBA's 8(a) Business Development Program (FAR Case 98-011)

The interim rule published as Item III of FAC 97-12 is converted to

a final rule without changes. The rule implements changes made in the

Small Business Administration's 8(a) Business Development (8(a)BD)

Program regulation, contained in 13 CFR Parts 121, 124, and 134,

regarding the eligibility procedures for admission to

[[Page 72415]]

the 8(a)BD and contractual assistance programs.

VIII--Special Simplified Procedures for Purchases of Commercial

Items in Excess of the Simplified Acquisition Threshold (FAR Case

99-304)

This final rule amends FAR Subpart 13.5 to implement Section 806 of

the National Defense Authorization Act for Fiscal Year 2000 (Pub. L.

106-65). Section 806 amends Section 4202(e) of the Clinger-Cohen Act of

1996 (Divisions D and E of Pub. L. 104-106; 110 Stat. 654; 10 U.S.C.

2304 note) to extend, through January 1, 2002, the expiration of the

test of special simplified procedures for purchases of commercial items

greater than the simplified acquisition threshold, but not exceeding

$5,000,000.

Item IX--Review of Award Fee Determinations (Burnside-Ott) (FAR

Case 98-017)

This final rule amends the Federal Acquisition Regulation (FAR) to

implement rulings of the United States Court of Appeals and the United

States Court of Federal Claims. The rulings are that the Contract

Disputes Act applies to all disputes arising under Government

contracts, unless a more specific statute provides for other remedies.

Item X--Nondisplacement of Qualified Workers--Commercial Items (FAR

Case 99-600)

This final rule amends FAR 52.212-5(c) to add the clause entitled

52.222-50, Nondisplacement of Qualified Workers, to the list of clauses

that the contracting officer may incorporate by reference when

applicable.

Item XI--Technical Amendments

Amendments are being made at sections 2.101, 5.205, 14.201-6,

15.208, 19.702, 32.503-6, 33.213, 36.104, 42.203, 52.215-1, 52.228-14,

and 52.236-25 in order to update references and make editorial changes.

Dated: December 20, 1999.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Federal Acquisition Circular (FAC) 97-15 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.

All Federal Acquisition Regulation (FAR) changes and other

directive material contained in FAC 97-15 are effective February 25,

2000, except for items III, VI, VIII, and XI, which are effective

December 27, 1999, and Item VII which is effective December 27, 1999.

Each rule is applicable to solicitations issued on or after the rule's

effective date.

Dated: December 20, 1999.

R.D. Kerrins, Jr.,

COL, USA, Acting Director, Defense Procurement.

Dated: December 20, 1999.

J. Les Davison,

Acting Deputy Associate Administrator, Office of Acquisition Policy,

General Services Administration.

Dated: December 16, 1999.

Tom Luedtke,

Associate Administrator for Procurement, National Aeronautics and Space

Administration.

[FR Doc. 99-33429 Filed 12-23-99; 8:45 am]

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