Barry McVay's FEDERAL CONTRACTS DISPATCH
DATE: January 26, 2000
FROM: Barry McVay, CPCM
SUBJECT: Federal Acquisition Regulation (FAR); Drafting Principles
SOURCE: Federal Register, January 26, 2000, Vol. 65, No. 17, page 4345
AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA)
ACTION: Proposed Rule
SYNOPSIS: It is proposed that the FAR be amended to add drafting principles to enhance a common understanding of the FAR among all members of the acquisition community.
DATES: Submit comments on or before March 27, 2000.
ADDRESS: Send comments to General Services Administration, FAR Secretariat (MVRS), 1800 F Street, NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405, e-mail: firstname.lastname@example.org. Cite FAR case 1999-610 in all correspondence related to this proposed rule.
FOR FURTHER INFORMATION CONTACT: Mr. Ralph De Stefano, Procurement Analyst, 202-501-1758.
SUPPLEMENTAL INFORMATION: To reflect current FAR drafting conventions, this proposed rule would make the following changes (excluding editorial changes, such as revising "is not inconsistent" to "must be consistent", and revising "provisions and clauses shall not be modified" to "the contracting officer must not modify provisions and clauses"):
- Paragraph (b)(2) of FAR 1.105-2, Arrangement of Regulations, would be amended to change the identification of subdivisions below the section or subsection level from "(a)(1)(i)(A); subdivisions below the 4th level, shall repeat the sequence" to "(a)(1)(i)(A)(1)(i)".
- FAR 1.108, FAR Conventions, would be added. It would address the following:
- Words and terms: "Definitions in [FAR] Part 2 apply to the entire regulation unless specifically defined in another part, subpart, section, provision, or clause."
- Delegation of authority: "Each authority is delegable unless specifically stated otherwise (see [FAR] 1.102-4(b) [Role of the Acquisition Team])."
- 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."
- Application of FAR changes: "Unless otherwise specified: (1) FAR changes apply to solicitations issued on or after the effective date of the published change; and (2) contracting officers may, at their discretion, include the changes in any existing solicitation, and, with appropriate consideration, any contract."
- Statutory citations: "Statutory citations in this regulation include all applicable amendments, unless otherwise stated."
- Imperative sentences: "When an imperative sentence directs action, the contracting officer is responsible for the action unless another party is expressly cited."
- In paragraph (d) of FAR 52.101, Using Part 52, which addresses prefaces to provisions and clauses in FAR Subpart 52.2, Text of Provisions and Clauses, the term "prefaces" would be changed to "introductory text", and the requirement that each provision's or clause's introductory text include "directions for inserting it in solicitations and/or contracts" would be deleted.
- Paragraph (a) of FAR 52.105, Procedures For Using Alternates, would be revised to delete the last three sentences: "In Subpart 52.2, the instructions for using these alternates appear after the basic provision or clause. A statement of the manner of and conditions for its use is given for each alternate. This statement shall be read in conjunction with the preface to the provision or clause."
- FAR 52.200, Scope of Subpart, would be revised to delete the statement that FAR Subpart 52.2 includes in each provision's or clause's introductory text "directions for including it in solicitations and/or contracts."
FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.
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