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 Notice.
_____________________________________________________________
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) 90-46
which amend the FAR. The rules marked with an asterisk (*)
are those for which a 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
90-46 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 Gratuities 96-300 Linfield
II *Electronic 91-104 DeStefano
Contracting
III *Office of Federal 94-008 OÌNeill
Procurement Policy
Letter 93-1,
Management
Oversight of
Service Contracting
IV Performance 93-603 DeStefano
Incentives for
Fixed-Price
Contracts
V *Environmentally 92-054B Linfield
Preferable Products
(Interim)
VI Buy American Act - 91-119 Linfield
Construction
(Grimberg Decision)
VII Collection of 95-306 Klein
Historically Black
Colleges and
Universities/Minority
Institutions Award
Data
VIII Allowability of 95-021 DeStefano
Foreign Selling
Costs
IX Independent Research 95-024 Olson
and Development/Bid
and Proposal Costs
in Cooperative
Agreements
X *Prompt Payment 91-091 Olson
Item Subject FAR Case Analyst
XI AttorneysÌ Fees 96-016 OÌNeill
in GAO Protests
XII ContractorsÌ 94-605 Klein
Purchasing
Systems Reviews
XIII Performance-Based 96-005 Olson
Payments
Item IÛGratuities (FAR Case 96-300)
The interim rule published as Item III of Federal Acquisition Circular (FAC) 90-40 is converted to a final rule without change. The rule amended FAR 3.202 and 52.203-3 to exempt solicitations and contracts which do not exceed the simplified acquisition threshold from the prescribed use of the ÏGratuitiesÓ clause.
Item IIÛElectronic Contracting (FAR Case 91-104)
The interim rule published as Item II of FAC 90-29 is converted to a final rule with amendments in Parts 5, 14, 15, and 52. The rule facilitates the use of electronic data interchange in Government contracting and complements the rule published as Item II of FAC 90-40 pertaining to the Federal Acquisition Computer Network.
Item IIIÛOffice of Federal Procurement Policy Letter 93-1, Management Oversight of Service Contracting
(FAR Case 94-008)
This final rule amends FAR 37.000 and 37.102, and adds a new Subpart 37.5, to implement OFPP Policy Letter 93-1, Management Oversight of Service Contracting. The policy letter provides Governmentwide guiding principles which are intended to improve the acquisition, management, and administration of service contracts. This rule also amends FAR 9.505-3 and 35.017-2 to remove references to OMB Circular A-120, Guidelines for the Use of Advisory and Assistance Services, which was rescinded by OMB on November 19, 1993.
Item IVÛPerformance Incentives for Fixed-Price Contracts (FAR Case 93-603)
This final rule amends FAR Parts 16 and 52 to permit the use of award-fee provisions as performance incentives in fixed-price contracts.
Item VÛFederal Compliance with Right-to-Know Laws and Pollution Prevention Requirements (FAR Case 92-054B)
This interim rule adds a new FAR Subpart 23.10, and a new clause at 52.223-5 to implement Executive Order (E.O.) 12856 of August 3, 1993, Federal Compliance with Right-To-Know Laws and Pollution Prevention Requirements. The E.O. requires that a contract performed on a Federal facility shall provide that the contractor supply information on its use of certain hazardous or toxic substances in the performance of the contract. This information is required to enable Federal facilities to comply with the reporting and emergency planning requirements of the Pollution Prevention Act of 1990 and the Emergency Planning and Community Right-To-Know Act of 1986.
Item VIÛBuy America Act - Construction (Grimberg Decision) (FAR Case 91-119)
This final rule amends FAR Subpart 25.2 and the associated clauses at 52.225-5 and 52.225-15 to add guidance on exceptions to the Buy American Act, both pre-award and post-award. The rule adds two new solicitation provisions at 52.225-12 and 52.225-13 for use in solicitations for construction in the United States. These solicitation provisions set forth procedures by which offerors may request determinations regarding the inapplicability of the Buy American Act. The rule also adds a new section at 25.206, which provides guidance regarding instances of noncompliance with the Buy American Act.
Item VIIÛCollection of Historically Black Colleges and Universities/Minority Institutions Award Data
(FAR Case 95-306)
This final rule adds a new FAR Subpart 26.3 and a new solicitation provision at 52.226-2 to implement Executive Order 12928, which requires agencies to provide periodic reporting on the progress made in award of contracts to Historically Black Colleges and Universities and Minority Institutions.
Item VIIIÛAllowability of Foreign Selling Costs
(FAR Case 95-021)
This final rule revises FAR 31.205-38(c)(2) by removing the ceiling on allowable foreign selling costs. The rule also amends 31.205-1, Public relations and advertising costs, by deleting reference to the ceiling limitation, and further revises 31.205-38(c)(2) by deleting obsolete language.
Item IXÛIndependent Research and Development/Bid and Proposal Costs in Cooperative Agreements
(FAR Case 95-024)
This final rule amends the cost principle at FAR 31.205-18, Independent research and development (IR&D) and bid and proposal costs, by removing from paragraph (e) the prohibition against treatment of contractor IR&D contributions under NASA cooperative arrangements as allowable indirect costs.
Item XÛPrompt Payment (FAR Case 91-091)
This final rule amends FAR 32.102, Subpart 32.9, and related clauses at 52.212-4, 52.232-5, 52.232-8, 52.232-25, 52.232-26, and 52.232-27 in order to implement changes made in OMB Circular A-125 (Revised), dated December 12, 1989, to comply with the Prompt Payment Act Amendments of 1988 (Public Law 100-496). The rule also contains amendments to clarify and simplify the FAR text and clauses.
Item XIÛAttorneysÌ Fees in GAO Protests
(FAR Case 96-016)
This final rule amends FAR 33.104 to clarify that the $150 hourly cap on attorneysÌ fees applies only to those protests filed on or after October 1, 1995. Protests filed with the General Accounting Office prior to October 1, 1995, are not subject to the hourly cap on attorneysÌ fees, in accordance with Sections 10001 and 10002 of the Federal Acquisition Streamlining Act of 1994 (Public Law 103-355).
Item XIIÛContractorsÌ Purchasing Systems Reviews
(FAR Case 94-605)
This final rule amends FAR 44.302 to (1) add a requirement for the cognizant contract administration agency to determine the need for a contractor purchasing system review (CPSR) based on, but not limited to, the past performance of the contractor and volume, complexity, and dollar value of the contractorÌs subcontracting activity; and (2) delete the requirement for a CPSR to be performed initially and at least every 3 years thereafter, for contractors exceeding a certain sales level. Also, FAR sections 44.303 through 44.307 are amended to conform to amendments at 44.302.
Item XIIIÛPerformance-Based Payments (FAR Case
96-005) This final rule amends FAR 52.232-32, Performance-Based
Payments, by adding paragraphs (f)(6) and (7) to address title
to residual material and liability for Government-furnished property,
for consistency with paragraphs (d)(6) and (7) of FAR 52.232-16,
Progress Payments.
Dated:
EDWARD C. LOEB
Director,
Federal Acquisition
Policy Division
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