[Federal Register: December 19, 2000 (Volume 65, Number 244)]
[Proposed Rules]
[Page 79701-79703]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr19de00-24]
[[Page 79701]]
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Part VI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 8 and 51
Federal Acquisition Regulation; Federal Supply Schedule Order Disputes
and Incidental Items; Proposed Rule
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 8 and 51
[FAR Case 1999-614]
RIN 9000-AJO1
Federal Acquisition Regulation; Federal Supply Schedule Order
Disputes and Incidental Items
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to add policies on disputes and
incidental items under Federal Supply Schedule contracts and to remove
the requirement to notify the General Services Administration when a
schedule contractor refuses to honor an order placed by a Government
contractor.
DATES: Interested parties should submit comments in writing on or
before February 20, 2001 to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVRS), 1800 F Street, NW., Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to: farcase.1999-
614@gsa.gov
Please submit comments only and cite FAR case 1999-614 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAR case 1999-614.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule--
Adds to FAR 8.401 policy regarding incorporating
incidental supplies or services that are not included in the schedule
contract into an order placed against the schedule contract;
Revises FAR 8.405-7 to permit the ordering office
contracting officer to issue a final decision regarding disputes
pertaining solely to performance of schedule orders;
Deletes FAR 51.103(b) because agencies are no longer
required to notify the General Services Administration when a Federal
Supply Schedule contractor refuses to honor an order placed by a
Government contractor under an agency authorization.
This is not a significant regulatory action and, therefore, was not
subject to 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 Councils do not expect this proposed rule to 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 addresses internal Government administrative
procedures and does not impose any additional requirements on
Government offerors or contractors. An Initial Regulatory Flexibility
Analysis has, therefore, not been performed. We invite comments from
small businesses and other interested parties. The Councils will
consider comments from small entities concerning the affected FAR Parts
in accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 601, et seq. (FAR case
1999-614), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
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 8 and 51
Government procurement.
Dated: December 13, 2000.
Al Matera,
Acting Director, Federal Acquisition, Policy Division.
Therefore, DoD, GSA, and NASA propose that 48 CFR parts 8 and 51 be
amended as set forth below:
1. The authority citation for 48 CFR parts 8 and 51 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 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
2. Amend section 8.401 by adding paragraph (d) to read as follows:
8.401 General.
* * * * *
(d) For administrative convenience, an ordering office contracting
officer may add open market (noncontract) items to a Federal Supply
Schedule blanket purchase agreement (BPA) or an individual task or
delivery order only if--
(1) All applicable acquisition regulations have been followed
(e.g., publicizing (Part 5), competition requirements (Part 6),
acquisition of commercial items (Part 12), and contracting methods
(Parts 13, 14, and 15));
(2) The ordering office contracting officer has determined the
price for the open market items is reasonable; and
(3) The items are clearly labeled as open market (noncontract)
items on the order.
3. Revise section 8.405-7 to read as follows:
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8.405-7 Disputes.
(a) Disputes pertaining to the performance of orders under a
schedule contract. (1) Under the Disputes clause of the schedule
contract, the ordering office contracting officer may--
(i) Issue final decisions on disputes arising from performance of
the order (but see paragraph (b)); or
(ii) Refer the dispute to the schedule contracting officer.
(2) The ordering office contracting officer must notify the
schedule contracting officer promptly of any final decision.
(b) Disputes pertaining to the terms and conditions of schedule
contracts. The ordering office contracting officer must refer all
disputes that relate to the contract terms and conditions to the
schedule contracting officer for resolution under the Disputes clause
of the contract and notify the schedule contractor of the referral.
(c) Appeals. Contractors may appeal final decisions to either the
Board of Contract Appeals servicing the agency that issued the final
decision or the U.S. Court of Federal Claims.
(d) Alternative dispute resolution. The contracting officer should
use the alternative dispute resolution (ADR) procedures, when
appropriate (see 33.214).
PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS
51.103 [Amended]
4. Amend section 51.103 by removing paragraph (b) and redesignating
paragraph (c) as paragraph (b).
[FR Doc. 00-32235 Filed 12-18-00; 8:45 am]
BILLING CODE 6820-EP-U