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FEDERAL CONTRACTS PERSPECTIVE

Federal Acquisition Developments, Guidance, and Opinions


July 2004
Vol. V, No. 7

CONTENTS


FAC 2001-24 Amends Federal Supply Schedule Rules To Add Services Procedures
A Plethora of Changes Made to the DFARS
Nonmanufacturer Rule Waived for Aluminum
NASA Reissues NFS Parts 1827 Through 1841



FAC 2001-24 Amends Federal Supply Schedule Rules
To Add Procedures for Acquiring Services

Finally coming to the realization that the Federal Supply Schedules should really be called the "Federal Service Schedules," Federal Acquisition Circular (FAC) 2001-24 amends Federal Acquisition Regulation (FAR) Subpart 8.4, Federal Supply Schedules, to incorporate policies for services and to strengthen the procedures for establishing blanket purchase agreements (BPAs) under the Schedules. In addition, FAC 2001-24 exempts 10 new European Union countries from the provisions of the Buy American Act; adds five commodities as "nonavailable articles" that may be acquired without regard to the restrictions of the Buy American Act; and makes several other miscellaneous changes to the FAR.



A Plethora of Changes Made to the DFARS

June was an extremely busy month for the Department of Defense (DOD), publishing eight final and interim changes to the Defense FAR Supplement (DFARS) and two class deviations.



Nonmanufacturer Rule Waived for Aluminum

The Small Business Administration (SBA) is waiving the nonmanufacturer rule for aluminum sheet, plate, and foil manufacturing under North American Industry Classification System (NAICS) code 331315 because no small business manufacturers are currently supplying this class of products to the federal government. This waiver will allow otherwise qualified nonmanufacturers to supply the products of any domestic manufacturer on a federal contract set aside for small business or awarded through the SBA's 8(a) program (for more on the proposed waiver, see the June 2004 Federal Contracts Perspective article "Nonmanufacturer Rule Waiver Proposed for Aluminum").

In addition, SBA is proposing to waive the nonmanufacturer rule for ice making machinery manufacturing under NAICS code 333415. Comments and sources must be submitted on or before July 12, 2004, to Edith Butler, Program Analyst, by telephone at 202-619-0422; by fax at 202-205-7280; or by e-mail at edith.butler@sba.gov.

Finally, SBA is considering terminating the nonmanufacturer rule waiver for general aviation turboprop aircraft under NAICS code 441229 that it granted in March 2004 (see the April 2004 Federal Contracts Perspective article "Nonmanufacturer Rule Waived for Turboprops"). SBA recently realized that the class of products was incorrectly classified as NAICS 441229 when the correct NAICS code for aircraft manufacturing is NAICS 336411. Comment must be submitted on or before July 2, 2004, to Edith Butler at the above address.



NASA Reissues NFS Parts 1827 Through 1841

The National Aeronautics and Space Administration (NASA) is adopting, without change, the proposed revisions of NASA FAR Supplement (NFS) Parts 1827 through 1841 (see the April 2004 Federal Contracts Perspective article "Proposed NFS Reissuance Continues With Parts 1827-1833," and the May 2004 Federal Contracts Perspective article "NASA Reissues NFS Parts 1801 Through 1825").

The revisions remove from the Code of Federal Regulations (CFR) version of the NFS those portions of NFS Parts 1827 through 1841 that contain information consisting of internal administrative procedures and guidance that does not control the relationship between NASA and contractors or prospective contractors. All that remains in the CFR version of NFS Parts 1827 through 1841 is information requiring codification and subject to public comment. The Internet version of the NFS (http://www.hq.nasa.gov/office/procurement/regs/nfstoc.htm) continues to provide the regulations and internal agency guidance and procedures.



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