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.
_____________________________________________________________
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
as the Federal Acquisition Regulation (FAR) Council. 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) 90-45
which amend the FAR. The rules marked with an asterisk (*)
are those for which a final regulatory flexibility analysis has
been prepared in accordance with 5 U.S.C. 604. Further information
regarding these rules may be obtained by referring to FAC
90-45 which precedes this notice. This document may be obtained
from the Internet at http://www.acqnet.gov/far/.
FOR FURTHER INFORMATION CONTACT: Beverly Fayson, FAR Secretariat, (202) 501-4755.
ITEM SUBJECT FAR CASE ANALYST
I * Procurement Integrity 96-314 Linfield
II * Certification Requirements 96-312 OÌNeill
III Humanitarian Operations 96-323 Linfield
IV Freedom of Information Act 96-326 OÌNeill
V Exceptions to Requirements for 96-306 Olson
Certified Cost or Pricing Data
VI * Implementation of the North 93-310 Linfield
American Free Trade Agreement
Implementation Act
VII * Application of Special 96-307 Moss
Simplified Procedures to
Certain Commercial Items
VIII Compliance with Immigration and 96-320 Linfield
Nationality Act Provisions
IX Caribbean Basin and Designated 96-017 Linfield
Countries
X Caribbean Basin Country End 96-020 Linfield
ProductsÛRenewal of Treatment
as Eligible
XI Compensation of Certain 96-325 DeStefano
Contractor Personnel
(Interim)
XII * Agency Procurement Protests 95-309 OÌNeill
XIII * Two-Phase Design Build 96-305 OÌNeill
Selection Procedures
XIV Year 2000 Compliance (Interim) 96-607 OÌNeill
XV Limitation on Indirect 96-324 Olson
Cost Audits
Item IÛProcurement Integrity (FAR Case 96-314)
This final rule amends the FAR to implement the procurement integrity provisions of Section 27 of the Office of Federal Procurement Policy (OFPP) Act, as amended by Section 4304 of the 1996 National Defense Authorization Act. Section 4304 is part of the Clinger-Cohen Act of 1996. Section 3.104 is rewritten. Unlike the previous statute, some of the post-employment restrictions in the rewritten 3.104 apply to post-award activities. The final rule eliminates all of the procurement integrity certifications required by the previous statute.
The final rule makes other significant changes. The new post-employment
restrictions apply to services provided or decisions made on or
after January 1, 1997; the old restrictions apply for former officials
whose employment ended before January 1, 1997. The clause at 52.203-10
is revised. The clauses at 52.203-9 and 52.203-13, and the Optional
Form 333 at 53.202-1, are removed. The solicitation provision
at 52.203-8 is replaced with a new clause to provide the means
to void or rescind contracts where there has been a violation
of the procurement integrity restrictions.
Item IIÛCertification Requirements (FAR Case 96-312)
This final rule amends FAR Parts 1, 3, 4, 6, 8, 9, 12, 14, 16,
19, 23, 27, 29, 31, 32, 36, 37, 42, 45, 47, 49, 52, and 53 to
remove certain certification requirements for contractors and
offerors that are not specifically required by statute. The rule
implements Section 4301(b) of the Clinger-Cohen Act of 1996 (Public
Law 104-106).
Item IIIÛHumanitarian Operations (FAR Case 96-323)
This final rule amends the definition of Ïsimplified acquisition
thresholdÓ at FAR 2.101 to increase the threshold to $200,000
for contracts to be awarded and performed, or purchases to be
made, outside the United States in support of a humanitarian or
peacekeeping operation. The rule implements 10 U.S.C. 2302(7)
and 41 U.S.C. 259(d) as amended by Section 807 of the National
Defense Authorization Act for Fiscal Year 1997 (Public Law 104-201).
Item IVÛFreedom of Information Act (FAR Case 96-326)
This final rule amends FAR Subpart 24.2 to implement Section 821
of the National Defense Authorization Act for Fiscal Year 1997
(Public Law 104-201). Section 821 prohibits, with certain exceptions,
Government release of competitive proposals under the Freedom
of Information Act.
Item VÛExceptions to Requirements for Certified Cost
or Pricing Data (FAR Case 96-306)
This final rule implements Section 4201 of the Clinger-Cohen Act
of 1996 (Public Law 104-106). Section 4201: (1) exempts suppliers
of commercial items under Federal contracts from the requirement
to submit costs or pricing data; (2) provides for the submission
of information other than cost or pricing data to the extent necessary
to determine price reasonableness; and (3) removes specific audit
authorities pertaining to information provided by commercial suppliers.
Accordingly, FAR 15.8, 52.215-26, 52.215-41, and 52.215-42 are
amended to revise requirements pertaining to the submission of
information relating to commercial items; FAR 52.215-43 is removed;
and other associated changes are made in FAR Parts 4, 12, 15,
16, 25, 31, 46, and 52.
Item VIÛImplementation of the North American Free Trade
Agreement Implementation Act (FAR Case 93-310)
The interim rule published as FAC 90-19 and amended by FAC
90-39 is converted to a final rule with changes. The final rule
amends FAR Part 25. The final rule revisions result from public
comments received on FAR Case 96-312 published as Item II in this
FAC. Upon consideration of those public comments, certifications
eliminated under the interim rule published in FAC 90-39 were
reinstated.
Item VIIÛApplication of Special Simplified Procedures
to Certain Commercial Items (FAR Case 96-307)
This final rule amends FAR Parts 5, 6, 11, 12, and 13 to implement
section 4202 of the Clinger-Cohen Act of 1996 (Public Law 104-106).
Section 4202 requires revisions to the FAR to incorporate special
simplified procedures for the acquisition of certain commercial
items with a value greater than the simplified acquisition threshold
($100,000) but not greater than $5 million. The purpose of this
revision is to vest contracting officers with additional procedural
discretion and flexibility, so that commercial item acquisitions
in this dollar range may be solicited, offered, evaluated, and
awarded in a simplified manner that maximizes efficiency and economy
and minimizes burden and administrative costs for both the Government
and industry.
Item VIIIÛCompliance with Immigration and Nationality
Act Provisions (FAR Case 96-320)
The interim rule published as Item II of FAC 90-41 is converted to a final rule without change. The final rule amends FAR 9.406 to specify 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. The rule implements Executive Order 12989, Economy and Efficiency in Government Procurement Through Compliance With Certain Immigration and Naturalization Act Provisions
.
Item IXÛCaribbean Basin and Designated Countries
(FAR Case 96-017)
This final rule amends FAR 25.401 to update the lists of countries included in the definitions of ÏCaribbean Basin countryÓ and ÏDesignated countryÓ.
Item XÛCaribbean Basin Country End ProductsÛRenewal
of Treatment as Eligible (FAR Case 96-020)
This final rule amends FAR 25.402(b) to implement the extension
by the U.S. Trade Representative of the date of eligibility under
the Trade Agreements Act for products of Caribbean Basin countries.
Item XIÛCompensation of Certain Contractor Personnel
(FAR Case 96-325)
This interim rule adds a new requirement at FAR 31.205-6(p) to
implement Section 809 of the Fiscal Year (FY) 1997 National Defense
Authorization Act (Public Law 104-201). Section 809 places a Governmentwide
ceiling of $250,000 per year on allowable compensation costs for
contractor personnel in senior management positions under contracts
awarded during FY 1997.
Item XIIÛAgency Procurement Protests (FAR Case 95-309)
The interim rule published as Item XIII of FAC 90-40 is revised
and finalized. The rule amends FAR 33.103 to implement Executive
Order 12979, Agency Procurement Protests. Executive Order 12979
provides for inexpensive, informal, procedurally simple, and expeditious
resolution of agency protests, including the use of alternative
dispute resolution techniques, third party neutrals, and another
agencyÌs personnel.
Item XIIIÛTwo-Phase Design-Build Selection Procedures
(FAR Case 96-305)
This final rule amends FAR Part 36 to implement Section 4105 of
the Clinger-Cohen Act of 1996 (Public Law 104-106), which authorizes
the use of two-phase design-build procedures for construction
contracting. Two phase design-build construction contracting provides
for the selection of a limited number of offerors (normally five
or fewer), during Phase One of the solicitation process, to submit
detailed proposals for Phase Two.
Item XIVÛYear 2000 Compliance (FAR Case 96-607)
This interim rule amends FAR Part 39 to increase awareness of
Year 2000 procurement issues and to ensure that solicitations
and contracts address Year 2000 issues.
Item XVÛLimitation on Indirect Cost Audits
(FAR Case 96-324)
This final rule amends FAR Part 42 to implement Section 808 of
the FY 97 National Defense Authorization Act (Public Law 104-201).
Section 808 amends 10 U.S.C. 2313(d) and 41 U.S.C. 254d(d) to
expand required audit reciprocity among Federal agencies to include
post-award audits. 10 U.S.C. 2313(d) and 41 U.S.C. 254d(d) were
added by the Federal Acquisition Streamlining Act of 1994, Sections
2201(a)(1) and 2251(a) of Public Law 103-355, to include reciprocity
on pre-award audits.
Dated: December 24, 1996
EDWARD C. LOEB,
Director,
Federal Acquisition Policy Division.