Federal Acquisition Regulation; Small Entity Compliance Guide

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Regulation; Small Entity Compliance Guide

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

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

ACTION: Small Entity Compliance Guide.

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SUMMARY: This document is issued under the joint authority of the

Secretary of Defense, the Administrator of General Services and the

Administrator for the National Aeronautics and Space Administration.

This Small Entity Compliance Guide has been prepared in accordance with

Section 212 of the Small Business Regulatory Enforcement Fairness Act

of 1996 (Public Law 104-121). It consists of a summary of rules

appearing in Federal Acquisition Circular (FAC) 97-15 which amend the

FAR. The rules marked with an asterisk (*) indicate that a regulatory

flexibility analysis has been prepared in accordance with 5 U.S.C. 604.

Interested parties may obtain further information regarding these rules

by referring to FAC 97-15 which precedes this document. These documents

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

FOR FURTHER INFORMATION CONTACT: Laurie Duarte, FAR Secretariat, (202)

501-4225. For clarification of content, contact the analyst whose name

appears in the table below.

[[Page 72452]]

List of Rules in FAC 97-15

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Item Subject FAR case Analyst

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I Pollution Control and 97-033 Linfield

Clean Air and Water.

II Foreign Acquisition (Part 97-024 Linfield

25 Rewrite).

III * Contract Bundling 1997-306 De Stefano

(Interim). (97-306)

IV Deobligation Authority.... 99-015 Klein

V Transition of the 99-602 Nelson

Financial Management

System Software Program.

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

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

Development Program.

VIII Special Simplified 99-304 Moss

Procedures for 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 99-600 O'Neill

Qualified Workers--

Commercial Items.

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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 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.

[[Page 72453]]

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.

Dated: December 20, 1999.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 99-33441 Filed 12-23-99; 8:45 am]

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