Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 59699

DEPARTMENT OF DEFENSE

GENERAL SERVICES 

ADMINISTRATION

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

48 CFR Parts 1, 13, 19, 36 and 53

[FAC 2001–25; FAR Case 2002–017; Item 

I]

RIN 9000–AJ73

Federal Acquisition Regulation; 

Elimination of Standard Form 1417

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA).

ACTION: Final rule.

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 eliminate the use of 

the Standard Form (SF) 1417, Pre–

Solicitation Notice (Construction 

Contract).

DATES: Effective Date: November 4, 

2004.

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat at (202) 501–4755 for 

information pertaining to status or 

publication schedules. For clarification 

of content, contact Ms. Cecelia Davis, 

Procurement Analyst, at (202) 219–

0202. Please cite FAC 2001–25, FAR 

case 2002–017.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR parts 1, 

13, 19, 36, and 53, deleting the 

prescription for the use of the SF 1417. 

This final rule eliminates the use of this 

form in contracts for construction, 

alteration or repair, dismantling, 

demolition, or removal of 

improvements. The use of the form has 

become unnecessary because 

contracting officers are required to 

provide access to presolicitation notices 

through the Governmentwide point of 

entry (GPE) via the Internet at http://

www.fedbizopps.gov pursuant to FAR 

5.204. This FAR change to eliminate the 

SF 1417 complements the efforts to 

increase reliance on electronic business 

practices in procurement in furtherance 

of the Administration’s commitment to 

create a citizen–centric E–Government, 

as outlined in the President’s 

Management Agenda. DOD, GSA, and 

NASA published a proposed rule in the 

Federal Register at 68 FR 54294, 

September 16, 2003. No public 

comments were received. The Councils 

agree to convert this proposed rule to a 

final rule with technical editorial 

changes.

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 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 

changes are not imposing any additional 

burden on small business. Small 

businesses are already aware of the 

publicizing medium the Government 

uses via the Internet and have made the 

necessary adaptation to keep abreast of 

business opportunities disseminated 

therein.

C. Paperwork Reduction Act

The Paperwork Reduction Act does 

apply; however, these changes to the 

FAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Number 

9000–0037. This change has reduced the 

paperwork burden and no additional 

approval from OMB is required. The 

collection will be revised to reflect this 

reduction.

This final rule eliminates the use of 

Standard Form 1417 in contracts for 

construction, alteration or repair, 

dismantling, demolition, or removal of 

improvements but not the requirement 

for contracting officers to provide access 

to presolicitation notices through the 

Governmentwide point of entry via the 

Internet at http://www.fedbizopps.gov.

Requester may obtain a copy of the 

information collection from the General 

Services Administration, FAR 

Secretariat (V), Room 4035, Washington, 

DC 20405, telephone (202) 501–4755. 

Please cite OMB Control Number 9000–

0037, Presolicitation Notice and 

Response, Standard Form 1417, in all 

correspondence.

List of Subjects in 48 CFR Parts 1, 13, 

19, 36 and 53

Government procurement.

Dated: September 28, 2004.

Ralph J. De Stefano,

Acting Director, Contract Policy Division.

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 1, 13, 19, 36, and 53 

as set forth below:

■ 1. The authority citation for 48 CFR 

parts 1, 13, 19, 36, and 53 is revised to 

read as follows:

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c).

PART 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM

1.106 [Amended]

■ 2. Amend section 1.106 in the table 

following the introductory paragraph by 

removing FAR segment ‘‘36.701’’ and its 

corresponding OMB Control Number 

‘‘9000–0037’’ removing FAR segment 

‘‘53.236–1(a)’’ and its corresponding 

OMB Control Number ‘‘9000–0037’’; and 

removing FAR segment ‘‘SF 1417’’ and 

its corresponding OMB Control Number 

‘‘9000–0037’’.

PART 13—SIMPLIFIED ACQUISITION 

PROCEDURES

13.003 [Amended]

■ 3. Amend section 13.003 in paragraph 

(g)(1) by removing ‘‘36.701(b)’’ and 

adding ‘‘36.701(a)’’ in its place.

PART 19—SMALL BUSINESS 

PROGRAMS

19.811–1 [Amended]

■ 4. Amend section 19.811–1 in the last 

sentence of paragraph (a) by removing 

‘‘36.701(b)’’ and adding ‘‘36.701(a)’’ in 

its place.

PART 36—CONSTRUCTION AND 

ARCHITECT ENGINEER CONTRACTS

36.213–2 [Amended]

■ 5. Amend section 36.213–2—

■ a. In the first sentence of paragraph (a) 

by removing ‘‘send’’ and adding ‘‘issue’’

in its place; and removing ‘‘to 

prospective bidders’’;

■ b. By removing paragraph (b)(6) and 

redesignating paragraphs (b)(7), (b)(8), 

and (b)(9) as (b)(6), (b)(7), and (b)(8), 

respectively.

36.701 [Amended]

■ 6. Amend section 36.701 by removing 

paragraph (a) and redesignating 

paragraphs (b), (c), (d), and (e) as (a), (b), 

(c), and (d), respectively.

PART 53—FORMS

53.213 [Amended]

■ 7. Amend section 53.213 in paragraph 

(f)(4) by removing ‘‘36.701(c)’’ and 

adding ‘‘36.701(b)’’ in its place.

59700 Federal Register / Vol. 69, No. 192 / Tuesday, October 5, 2004 / Rules and Regulations 

53.236–1 [Amended]

■ 8. Amend section 53.236–1 by 

removing paragraph (a) and 

redesignating paragraphs (b), (c), (d), (e), 

(f), and (g) as (a), (b), (c), (d), (e), and (f), 

respectively; in newly redesignated 

paragraph (a) by removing ‘‘36.701(e)’’

and adding ‘‘36.701(d)’’ in its place; in 

newly redesignated paragraph (d)(2) by 

removing ‘‘36.701(b)’’ and adding 

‘‘36.701(a)’’ in its place; in newly 

redesignated paragraph (e)(2) by 

removing ‘‘36.701(c)’’ and adding 

‘‘36.701(b)’’ in its place; and in newly 

redesignated paragraph (f) by removing 

‘‘36.701(d)’’ and adding ‘‘36.701(c)’’ in 

its place.

53.301–1417 [Removed]

■ 9. Remove section 53.301–1417.

[FR Doc. 04–22244 Filed 10–4–04; 8:45 am]

BILLING CODE 6820–EP–S

DEPARTMENT OF DEFENSE

GENERAL SERVICES 

ADMINISTRATION

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION

48 CFR Parts 5, 12, 13, 14, 17, 19, 22, 

25, 33, and 52

[FAC 2001–25; FAR Case 2003–016; Item 

II]

RIN 9000–AJ87

Federal Acquisition Regulation; Free 

Trade Agreements-Chile and 

Singapore, and Trade Agreements 

Thresholds

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency 

Acquisition Council and the Defense 

Acquisition Regulations Council 

(Councils) have agreed to convert to a 

final rule, with changes, an interim rule 

amending the Federal Acquisition 

Regulation (FAR). The interim rule 

implemented new Free Trade 

Agreements with Chile and Singapore, 

as approved by Congress (Public Laws 

108–77 and 108–78). The interim rule 

also implemented new dollar thresholds 

for application of trade agreements.

DATES: Effective Date: October 5, 2004.

FOR FURTHER INFORMATION CONTACT: The 

FAR Secretariat at (202) 501–4755 for 

information pertaining to status or 

publication schedules. For clarification 

of content, contact Ms. Cecelia Davis, 

Procurement Analyst, at (202) 219–

0202. Please cite FAC 2001–25, FAR 

case 2003–016.

SUPPLEMENTARY INFORMATION:

A. Background

The Free Trade Agreements with 

Chile and Singapore waive the 

applicability of the Buy American Act 

for some foreign supplies and 

construction materials from Chile and 

Singapore, and specify procurement 

procedures designed to ensure fairness, 

applicable to the acquisition of supplies 

and services (see the Government 

Procurement provisions at Chapters 9 

and 13, respectively, of the trade 

agreements). The interim rule was 

published in the Federal Register at 69 

FR 1050, January 7, 2004. One public 

comment was received. To implement 

Section 106 of the authorizing acts, the 

interim rule added the statement 

‘‘United States law will apply to resolve 

any claim of breach of contract.’’ to the 

Buy American Act/Trade Agreements 

clauses at FAR 52.225–3, 52.225–5, and 

52.225–11. The Department of Justice 

noted that Section 106 of each 

authorizing act applies to all contracts 

entered into by any agency of the United 

States. Therefore, the Department of 

Justice recommended that the statement 

be a separate clause, included in every 

contract. The Councils concur. The final 

rule removes the statement of 

applicability of U.S. law from FAR 

clauses 52.225–3, 52.225–5, and 52.225–

11, and creates a new clause at FAR 

52.233–4, Applicable Law for Breach of 

Contract Claim, to include the statement 

of applicability of U.S. law in every 

contract subject to the FAR.

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 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. Although the 

interim rule opened up Government 

procurement to the products of Chile, 

there will not be any significant 

economic impact on U.S. small 

businesses. The Department of Defense 

only applies the trade agreements to the 

non-defense items listed at DFARS 

225.401–70, and acquisitions under 

$100,000 that are set aside for small 

businesses are exempt. We did not 

receive any comments on this issue 

from small business concerns or other 

interested parties.

C. Paperwork Reduction Act

The Paperwork Reduction Act does 

apply; however, these changes to the 

FAR do not impose additional 

information collection requirements to 

the paperwork burden previously 

approved under OMB Control Numbers 

9000–0130, 9000–0025, and 9000–0141, 

respectively.

List of Subjects in 48 CFR Parts 5, 12, 

13, 14, 17, 19, 22, 25, 33, and 52

Government procurement.

Dated: September 28, 2004.

Ralph J. De Stefano,

Acting Director,Contract Policy Division.

Interim Rule Adopted as Final with 

Changes

■ Accordingly, DoD, GSA, and NASA 

adopt the interim rule amending 48 CFR 

parts 5, 12, 13, 14, 17, 19, 22, 25, and 52, 

which was published in the Federal 

Register at 69 FR 1050, January 7, 2004, 

as a final rule with the following 

changes:

■ 1. The authority citation for 48 CFR 

parts 5, 12, 13, 14, 17, 19, 22, 25, 33, and 

52 is revised to read as follows:

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 42 U.S.C. 2473(c).

PART 33—PROTESTS, DISPUTES, 

AND APPEALS

■ 2. Revise the section heading and text 

of section 33.215 to read as follows:

33.215 Contract clauses.

(a) Insert the clause at 52.233–1, 

Disputes, in solicitations and contracts, 

unless the conditions in 33.203(b) 

apply. If it is determined under agency 

procedures that continued performance 

is necessary pending resolution of any 

claim arising under or relating to the 

contract, the contracting officer shall 

use the clause with its Alternate I.

(b) Insert the clause at 52.233–4 in all 

solicitations and contracts.

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES

■ 3. Amend section 52.212–5 by-

■ a. Revising the date of the clause and 

paragraph (a); and

■ b. Removing ‘‘(Jan 2004)’’ from 

paragraph (b)(23)(i) of the clause and 

adding ‘‘(OCT 2004)’’ in its place; and 

removing ‘‘(June 2004)’’ from paragraph 

(b)(24) of the clause and adding ‘‘(OCT 

2004)’’ in its place. The revised text reads 

as follows: