[Federal Register: June 6, 2000 (Volume 65, Number 109)]
[Rules and Regulations]               
[Page 36015-36016]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06jn00-24]                         


[[Page 36015]]

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1 and 52

[FAC 97-18; FAR Case 1999-610; Item II]
RIN 9000-AI66

 
Federal Acquisition Regulation; FAR Drafting Principles

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed on a final rule 
amending the Federal Acquisition Regulation (FAR) to add FAR drafting 
principles to enhance a common understanding of the regulation among 
all members of the acquisition team and other users.

DATES: Effective Date: August 7, 2000.
    Applicability Date: The FAR, as amended by this rule, is applicable 
to solicitations issued on or after August 7, 2000.

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 Mr. Ralph De Stefano, Procurement Analyst, at (202) 
501-1758. Please cite FAC 97-18, FAR case 1999-610.

SUPPLEMENTARY INFORMATION:

A. Background

    The final rule amends FAR Parts 1 and 52 to enhance a common 
understanding of how the FAR is drafted. The final rule adds FAR 1.108 
and amends 1.105-2, 52.101, 52.104, 52.105, and 52.200 to reflect 
current FAR drafting conventions.
    DoD, GSA, and NASA published a proposed rule in the Federal 
Register on January 26, 2000 (65 FR 4346). Three respondents provided 
public comments. The Councils considered all the comments in the 
development of the final rule. The final rule revises the proposed rule 
as follows:
    <bullet> FAR 1.108(d)(2) to clarify that contracting officers must 
not award or modify contracts to include the FAR change until the 
effective date of the FAR change.
    <bullet> FAR 1.108(e) to include Executive orders, Office of 
Management and Budget policy letters, and Code of Federal Regulations 
citations.

<bullet> Editorial changes throughout for clarity.

    This rule was not subject to Office of Management and Budget review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule is not a major rule under 5 
U.S.C. 804.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule only addresses 
drafting principles and does not impose any additional requirements on 
Government offerors or contractors. We did not receive any comments 
regarding this determination as a result of publication of the proposed 
rule in the Federal Register on January 26, 2000 (65 FR 4346).

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that require 
the approval of the Office of Management and Budget under 44 U.S.C. 
3501, et seq.

List of Subjects in 48 CFR Parts 1 and 52

    Government procurement.

    Dated: May 26, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA amend 48 CFR parts 1 and 52 as set 
forth below:
    1. The authority citation for 48 CFR parts 1 and 52 continues to 
read as follows:

    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. Amend section 1.105-2 by revising paragraphs (a) and (b)(2) to 
read as follows:


1.105-2  Arrangement of regulations.

    (a) General. The FAR is divided into subchapters, parts (each of 
which covers a separate aspect of acquisition), subparts, sections, and 
subsections.
    (b) * * *
    (2) Subdivisions below the section or subsection level consist of 
parenthetical alpha numerics using the following sequence: 
(a)(1)(i)(A)(1)(i).
* * * * *
    3. Add section 1.108 to read as follows:


1.108  FAR conventions.

    The following conventions provide guidance for interpreting the 
FAR:
    (a) Words and terms. Definitions in Part 2 apply to the entire 
regulation unless specifically defined in another part, subpart, 
section, provision, or clause. Words or terms defined in a specific 
part, subpart, section, provision, or clause have that meaning when 
used in that part, subpart, section, provision, or clause. Undefined 
words retain their common dictionary meaning.
    (b) Delegation of authority. Each authority is delegable unless 
specifically stated otherwise (see 1.102-4(b)).
    (c) Dollar thresholds. Unless otherwise specified, a specific 
dollar threshold for the purpose of applicability is the final 
anticipated dollar value of the action, including the dollar value of 
all options. If the action establishes a maximum quantity of supplies 
or services to be acquired or establishes a ceiling price or 
establishes the final price to be based on future events, the final 
anticipated dollar value must be the highest final priced alternative 
to the Government, including the dollar value of all options.
    (d) Application of FAR changes to solicitations and contracts. 
Unless otherwise specified--
    (1) FAR changes apply to solicitations issued on or after the 
effective date of the change;
    (2) Contracting officers may, at their discretion, include the FAR 
changes in solicitations issued before the effective date, provided 
award of the resulting contract(s) occurs on or after the effective 
date; and
    (3) Contracting officers may, at their discretion, include the 
changes in any existing contract with appropriate consideration.
    (e) Citations. When the FAR cites a statute, Executive order, 
Office of Management and Budget circular, Office of Federal Procurement 
Policy policy letter, or relevant portion of the Code of Federal 
Regulations, the citation includes all applicable amendments, unless 
otherwise stated.
    (f) Imperative sentences. When an imperative sentence directs 
action, the contracting officer is responsible for the action, unless 
another party is expressly cited.

[[Page 36016]]

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    4. Amend section 52.101 in paragraph (a) by revising the definition 
``Substantially as follows''; and by revising paragraph (d) to read as 
follows:


52.101  Using Part 52.

    (a) * * *
    Substantially as follows or substantially the same as, when used in 
the prescription of a provision or clause, means that authorization is 
granted to prepare and utilize a variation of that provision or clause 
to accommodate requirements that are peculiar to an individual 
acquisition. Any variation must include the salient features of the FAR 
provision or clause, and must be consistent with the intent, principle, 
and substance of the FAR provision or clause or related coverage of the 
subject matter.
* * * * *
    (d) Introductory text. Within Subpart 52.2, the introductory text 
of each provision or clause includes a cross-reference to the location 
in the FAR subject text that prescribes its use.
* * * * *
    5. Amend section 52.104 by revising paragraph (a) to read as 
follows:


52.104  Procedures for modifying and completing provisions and clauses.

    (a) The contracting officer must not modify provisions and clauses 
unless the FAR authorizes their modification. For example--
    (1) ``The contracting officer may use a period shorter than 60 days 
(but not less than 30 days) in paragraph (x) of the clause''; or
    (2) ``The contracting officer may substitute the words `task order' 
for the word `Schedule' wherever that word appears in the clause.''
* * * * *
    6. Amend section 52.105 by revising paragraph (a) to read as 
follows:


52.105  Procedures for using alternates.

    (a) The FAR accommodates a major variation in a provision or clause 
by use of an alternate. The FAR prescribes alternates to a given 
provision or clause in the FAR subject text where the provision or 
clause is prescribed. The alternates to each provision or clause are 
titled ``Alternate I,'' ``Alternate II,'' ``Alternate III,'' etc.
* * * * *
    7. Revise section 52.200 to read as follows:


52.200  Scope of subpart.

    This subpart sets forth the text of all FAR provisions and clauses 
(see 52.101(b)(1)) and gives a cross-reference to the location in the 
FAR that prescribes the provision or clause.

[FR Doc. 00-13818 Filed 6-1-00; 3:59 pm]
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