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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: July 28, 2000

FROM: Barry McVay, CPCM

SUBJECT: Federal Acquisition Regulation (FAR); Definitions for Classified Acquisitions

SOURCE: Federal Register, July 28, 2000, Vol. 65, No. 146, page 46557

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

ACTION: Proposed Rule

SYNOPSIS: It is proposed to amend the FAR to provide consistent definitions for classified acquisitions that are in accordance with the June 1, 1999, presidential memorandum "Plain Language in Government Writing."

DATES: Submit comments on or before September 26, 2000.

ADDRESSES: Submit comments to General Services Administration, FAR Secretariat (MVRS), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405, e-mail: farcase.2000-404@gsa.gov. Cite FAR case 2000-404 in all correspondence related to this proposed rule.

FOR FURTHER INFORMATION CONTACT: Ralph De Stefano, Procurement Analyst, 202-501-1758.

SUPPLEMENTAL INFORMATION: This proposed rule would move the definitions of "classified acquisition," "classified contract," and "classified information" from FAR 4.401, Definitions, to FAR 2.101, Definitions, because they apply to more than one FAR part. In addition, the definitions would be rewritten for clarity and simplification:

In addition, FAR 14.402-2, Classified Bids, would be rewritten to conform to the "Plain Language" memorandum. It would state:

"The general public may not attend bid openings for classified acquisitions. A bidder or its representative may attend and record the results if the individual has the appropriate security clearance. The contracting officer may also make the bids available at a later time to properly cleared bidders or their properly cleared representatives. The contracting officer must not make a public record of the bids or the bid prices."

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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