United States General Accounting Office

GAO Report to Congressional Committees

June 1996 ACQUISITION

REFORM

Regulatory

Implementation of the

Federal Acquisition

Streamlining Act 

of 1994

G O A

years

1921 - 1996

GAO/NSIAD-96-139

GAO United States

General Accounting Office

Washington, D.C. 20548

National Security and

International Affairs Division

B-259740 

June 28, 1996

Congressional Committees

The Federal Acquisition Streamlining Act of 1994 (FASA), enacted on

October 13, 1994, as Public Law 103-355, contained more than 200 sections

changing the laws that govern how agencies acquire almost $200 billion of

goods and services annually. The act established deadlines for publishing

proposed and final implementing regulations, prescribed a minimum

60-day period for public review and comment on proposed regulations,

and required regulation drafters to make every effort to ensure that the

regulations are concise and understandable.

This report responds to section 10003(a) of the act, which required us to

evaluate and report on compliance with these requirements. Our

objectives were to (1) determine whether all regulations necessary to

implement the act were published in accordance with the act’s

requirements and (2) describe the efforts made to make the regulations

concise and understandable.

Background FASA directed that proposed regulations be published not later than 

210 days after enactment, or by May 11, 1995, and be available for public

review and comment for not less than 60 days. FASA also required final

regulations to be published not later than 330 days after enactment, or by

September 8, 1995. It also said that every effort practicable should be

made to ensure that the regulations are concise and easily understandable

by potential offerors and government officials.

Implementing FASA has been a complex process, involving revisions to

numerous regulations, principally the Federal Acquisition Regulation

(FAR), which applies to all executive agencies.1

 Revisions also were needed

in the Defense Federal Acquisition Regulation Supplement, other agencies’

FAR supplements, and miscellaneous other regulations, such as our Bid

Protest Regulations. In addition, FASA amendments resulted in the issuance

of nonregulatory guidance, such as Department of Defense directives and

instructions.

1

The FAR is the primary regulation for use by all executive agencies in their acquisition of supplies and

services with appropriated funds. Authority for revising the FAR is shared by the three executive

agencies represented on the Federal Acquisition Regulatory Council by the Secretary of Defense, the

Administrator of General Services, and the Administrator of National Aeronautics and Space or their

designees. The Office of Federal Procurement Policy within the Office of Management and Budget is

responsible for providing overall leadership and for ensuring action in cases where the three agencies

cannot agree or fail to issue FAR revisions in a timely manner.

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B-259740 

FASA specified that some provisions were to apply to acquisitions upon

enactment, others were to apply on the date specified in final regulations,

but all provisions were to apply no later than October 1, 1995.

The Federal Acquisition Regulatory Council established a special project

to draft the necessary revisions to the FAR. In place of the traditional

defense and civilian regulatory councils and their committees,2

 the special

project had a project manager from the Department of Defense, a deputy

from the General Services Administration, and 11 interagency drafting

teams. More than 100 people staffed the special project, many with prior

experience drafting procurement regulations. The Federal Acquisition

Regulatory Council established an ambitious goal of publishing the final

revisions to the FAR by March 23, 1995.

Results in Brief With two exceptions, all proposed revisions to the FAR necessary to

implement FASA were published in the Federal Register by the 

May 11, 1995, FASA deadline. The two exceptions were the proposed

regulation on fraud remedies, which was published on May 12, 1995, and

an implementing regulation for the FASA provision requiring alternatives to

payment bonds, which had not been published as of March 15, 1996, when

we completed our review.

Of the 29 FAR regulations needed to implement FASA, only 13 were

published in final form by the FASA deadline, September 8, 1995. Two more

regulations had been issued in interim form.3

 An additional 11 final FAR

regulations, however, were published by October 1, 1995. Thus, 26 of the

29 FAR revisions needed to implement FASA were in place on the latest date

that all changes directed by FASA were to apply to government

acquisitions.4

 According to officials involved in managing the regulation

drafting project, key factors that slowed the process included

(1) translating FASA language into regulations useful to contracting officers

and (2) addressing public comments, especially on the more complex,

2

Defense and civilian regulatory councils, with 29 committees covering specialized subjects,

traditionally have been responsible for maintaining the FAR. The two-council approach was created so

that the Defense Acquisition Regulatory Council retained control over the creation of defense-unique

regulations and a newly created Civilian Agency Acquisition Council would share responsibility for

regulations that apply governmentwide. The two councils and committees have members from

Department of Defense components, the National Aeronautics and Space Administration, and civilian

agencies.

3

Interim regulations must be followed, but are subject to change before being made final.

4

The three regulations that were not in place by October 1, 1995, related to alternatives to payment

bonds, multiyear contracting, and small disadvantaged businesses.

Page 2 GAO/NSIAD-96-139 Regulatory Implementation of FASA
B-259740 

innovative, or controversial regulations. In general, there was less

compliance with FASA deadlines with respect to the non-FAR regulations.

Appendix I lists the final regulations that were published by the FASA

deadline, those that were published by October 1, and the status of those

regulations that were not published in final form by either of these dates.

Appendix II summarizes how each of the 204 FASA sections has been

implemented, through regulation or otherwise.

The FAR drafting teams devoted considerable effort toward making FASA

regulations concise and understandable. Many team members had

previous experience both in writing regulations and in using them, as well

as expertise in the different subject areas. Team staffing included legal

advisers and executive branch officials familiar with FASA’s progress from

legislative proposal to enactment. Some team leaders told us that they

were able to draw upon regulatory proposals already underway before

FASA was enacted. They also told us that some teams consulted subject

matter experts. Among the resources available to the teams was the FAR

Drafting Conventions Guide, issued in October 1994, which included a

chapter on clear writing.

When proposed regulations were circulated to federal agencies or

published in the Federal Register, the drafting teams received hundreds of

comments. In addition, the Federal Acquisition Regulatory Council,

project managers, and drafting teams held public meetings to hear

presentations from anyone who wanted to present oral comments on

seven proposed regulations. Presenters included agency and industry

personnel. Both project managers and drafting teams said that the

comments they received helped them to create a better final product.

These comments are available at the FAR Secretariat, the office that

supports publication of regulations.

Other efforts were made to make the regulations understandable to those

who have to use them. The Office of the Secretary of Defense, the Federal

Acquisition Institute, and the FASA implementation project worked

together to develop a number of different training resources and

explanatory materials that would help buying activities understand FASA

changes. The training was designed to explain the impact of the new

regulations to the acquisition workforce in detail. Training resources

included the following:

Page 3 GAO/NSIAD-96-139 Regulatory Implementation of FASA
B-259740 

• a five-part videotape series, entitled “FASA: Making It Work,” which

portrayed operational use of new policies and procedures to conduct

different types of procurements;

• viewer reference materials, including flowcharts and briefing charts, that

synopsized and highlighted key points;

• live, televised call-in question and answer sessions with drafting team

leaders and other procurement experts, which were subsequently made

available on videotapes and in written form;

• a side-by-side comparison of changes to the FAR with previous text of the

FAR; and

• a process-oriented Guide to FAR Changes that highlighted changes in

conducting procurements in such areas as publicizing proposed

procurements, establishing reasonableness of prices, and responding to

bid protests.

Officials responsible for sponsoring FASA training estimated that

approximately 15,000 people viewed the five-part series when it was

broadcast, and 1,600 people requested materials that were available

following the broadcasts.

Agency Comments We asked the Departments of Defense, Labor, and Transportation, as well

as the Office of Federal Procurement Policy, the General Services

Administration, and the National Aeronautics and Space Administration to

review and comment on a draft of this report. The Department of Defense

orally responded that it generally agreed with the report but offered some

editorial and technical suggestions that have been incorporated in the final

report. The General Services Administration orally responded with some

concerns and editorial and technical suggestions; its concerns and

suggestions were discussed and incorporated in the final report. The

Departments of Labor and Transportation, the Office of Federal

Procurement Policy, and the National Aeronautics and Space

Administration indicated their agreement with the report’s contents.

Appendix III describes our scope and methodology.

We are sending copies of this report to the Director, Office of Management

and Budget; the Secretaries of Defense, Labor, and Transportation; the

Administrator for Federal Procurement Policy; the Administrator of

General Services; the Administrator of National Aeronautics and Space;

Page 4 GAO/NSIAD-96-139 Regulatory Implementation of FASA
B-259740 

and other interested congressional committees. We also will make copies

available to others upon request.

Please contact me or my Associate Director, David E. Cooper, at

(202) 512-4841 if you or your staff have any questions concerning this

report. Major contributors to this report were Philip A. Goulet, 

Anne W. Howe, Maureen A. Murphy, and William T. Woods.

Louis J. Rodrigues

Director, Defense Acquisitions Issues

Page 5 GAO/NSIAD-96-139 Regulatory Implementation of FASA
B-259740 

List of Congressional Committees

The Honorable Ted Stevens

Chairman

The Honorable John Glenn

Ranking Minority Member

Committee on Governmental Affairs

United States Senate

The Honorable Strom Thurmond

Chairman

The Honorable Sam Nunn

Ranking Minority Member

Committee on Armed Services

United States Senate

The Honorable Christopher S. Bond

Chairman

The Honorable Dale Bumpers

Ranking Minority Member

Committee on Small Business

United States Senate

The Honorable William F. Clinger

Chairman

The Honorable Cardiss Collins

Ranking Minority Member

Committee on Government Reform and Oversight

House of Representatives

The Honorable Floyd Spence

Chairman

The Honorable Ronald Dellums

Ranking Minority Member

Committee on National Security

House of Representatives

The Honorable Jan Meyers

Chairwoman

The Honorable John J. LaFalce

Ranking Minority Member

Committee on Small Business

House of Representatives

Page 6 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Page 7 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Contents

Letter 1

Appendix I 

Regulatory

Implementation of the

Federal Acquisition

Streamlining Act of

1994

10

Final Regulations Published by September 8, 1995 10

Final Regulations Published by 

October 1, 1995

12

Interim Regulations Published by September 8, 1995 13

Other Implementation 13

Appendix II 

Analysis of

Implementation of 

FASA Sections

16

Appendix III 

Scope and

Methodology

79

Table Table II.1: FASA Implementation 18

Abbreviations

CRAF Civil Reserve Air Fleet

DFARS Defense Federal Acquisition Regulation Supplement

DOD Department of Defense

FACNET Federal Acquisition Computer Network

FAR Federal Acquisition Regulation

FASA Federal Acquisition Streamlining Act of 1994

FIRMR Federal Information Resources Management Regulation

GSA General Services Administration

GSBCA General Services Administration Board of Contract Appeals

NASA National Aeronautics and Space Administration

OFPP Office of Federal Procurement Policy

OMB Office of Management and Budget

TINA Truth in Negotiations Act

Page 8 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Page 9 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix I 

Regulatory Implementation of the Federal

Acquisition Streamlining Act of 1994

This appendix lists, by status, the regulations necessary to implement the

Federal Acquisition Streamlining Act of 1994 (FASA). The list of regulations

provides titles, citations to the Federal Register, and effective dates, if

regulations have been published. Regulations are listed in four categories.

The first category contains final regulations that were published by FASA’s

deadline for final regulations of September 8, 1995. The second category

contains additional final regulations that were published after

September 8, 1995, but by October 1, 1995. The third category contains

interim regulations published by September 8, 1995, and in effect on

October 1, 1995, and the fourth category contains descriptions of other

implementation. Required regulations were published to revise the Federal

Acquisition Regulation (FAR), the Defense Federal Acquisition Regulation

Supplement (DFARS), and several other regulations.

Final Regulations

Published by

September 8, 1995

1. FAR, Past Performance Information, 60 Fed. Reg. 16718 (Mar. 31, 1995),

effective May 30, 1995.

2. Rules of Procedure of the General Services Administration Board of

Contract Appeals, 60 Fed. Reg. 17023 (Apr. 4, 1995), effective May 5, 1995.

3. Standards of Conduct and Joint Ethics Regulation, 60 Fed. Reg. 20029

(Apr. 24, 1995), effective November 2, 1994.

4. DFARS, Miscellaneous Amendments, 60 Fed. Reg. 29491 (June 5, 1995),

effective May 17, 1995. The final rule deleted DFARS language that

addressed the requirement for competitive prototyping for major

acquisition programs, as directed by Under Secretary of Defense,

Acquisition and Technology, memorandum dated May 4, 1995. FASA section

3006 repealed 10 U.S.C. 2438, the statutory basis for the requirement.

5. FAR, Debarment, Suspension, and Ineligibility (Ethics), 60 Fed. Reg.

33064 (June 26, 1995), effective August 25, 1995.1

6. DFARS, Rights in Technical Data, 60 Fed. Reg. 33464 (June 28, 1995),

effective June 30, 1995, applicable for solicitations issued on or after

September 29, 1995.

1

This was published simultaneously with revision of the nonprocurement debarment and suspension

Common Rule, which requires that suspensions, debarments, and other exclusions from federal

programs apply governmentwide to both procurement and nonprocurement activities. (The

nonprocurement Common Rule was issued as final regulations by participating executive branch

agencies, with the exception of the Department of Transportation, which issued interim final

regulations with an opportunity to comment [60 Fed. Reg. 33037, June 26, 1995].)

Page 10 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix I 

Regulatory Implementation of the Federal

Acquisition Streamlining Act of 1994

7. DFARS, Comprehensive Small Business Subcontracting Plans, 

60 Fed. Reg. 35668 (July 10, 1995), effective July 10, 1995. No proposed

regulation was published.2

8. FAR, Procurement Integrity (Ethics), 60 Fed. Reg. 37773 (July 21, 1995),

effective September 19, 1995.

9. FAR, Officials Not to Benefit (Ethics), 60 Fed. Reg. 37773 (July 21, 1995),

effective September 19, 1995.

10. FAR, Whistleblower Protections for Contractor Employees (Ethics), 

60 Fed. Reg. 37774 (July 21, 1995), effective September 19, 1995.

11. FAR, Repeal of Requirements for Secretarial/Agency Head

Determinations Regarding Use of Cost Type or Incentive Contracts, 

60 Fed. Reg. 37777 (July 21, 1995), effective September 19, 1995.

12. FAR, Service Contract Funding, 60 Fed. Reg. 37778 (July 21, 1995),

effective August 21, 1995. No proposed regulation was published.3

13. GAO, Administrative Practice and Procedure, Bid Protest Regulations,

Government Contracts, 60 Fed. Reg. 40737 (Aug. 10, 1995), effective

October 1, 1995.

14. FAR, Consolidation and Revision of the Authority to Examine Records,

60 Fed. Reg. 42649 (Aug. 16, 1995), effective October 1, 1995.

15. FAR, Contract Award Implementation, 60 Fed. Reg. 42652 

(Aug. 16, 1995), effective October 1, 1995.

16. FAR, Penalties on Unallowable Indirect Costs, 60 Fed. Reg. 42657 

(Aug. 16, 1995), effective October 1, 1995.

17. FAR, Implementation of Various Cost Principle Provisions, 

60 Fed. Reg. 42659 (Aug. 16, 1995), effective October 1, 1995.

2

41 U.S.C. 418b requires that a procurement regulation be published if it has (1) a significant effect

beyond the internal operating procedures of the issuing agency or (2) a significant cost or

administrative impact on contractors or offerors. Even though FASA required publication of proposed

implementing regulations, this regulation did not have the attributes stated in 41 U.S.C. 418b that

require publication.

3

See footnote 2.

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Appendix I 

Regulatory Implementation of the Federal

Acquisition Streamlining Act of 1994

18. FAR, Entertainment, Gift, and Recreation Costs for Contractor

Employees, 60 Fed. Reg. 42662 (Aug. 16, 1995), effective October 1, 1995.

19. FAR, Contractor Overhead Certification, 60 Fed. Reg. 42663 

(Aug. 16, 1995), effective October 1, 1995.

20. General Services Administration Acquisition Regulation, 

Leasing Real Property, 60 Fed. Reg. 42793 (Aug. 17, 1995), effective

August 16, 1995.

Final Regulations

Published by 

October 1, 1995

1. FAR, Truth in Negotiations Act and Related Changes, 60 Fed. Reg. 48208

(Sept. 18, 1995), effective October 1, 1995.

2. FAR, Protests, Disputes and Appeals, 60 Fed. Reg. 48224 (Sept. 18, 1995),

effective October 1, 1995.

3. FAR, Acquisition of Commercial Items, 60 Fed. Reg. 48231 

(Sept. 18, 1995), effective October 1, 1995 (optional for solicitations issued

before Dec. 1, 1995; mandatory for solicitations issued after Dec. 1, 1995).

4. FAR, Small Business, 60 Fed. Reg. 48258 (Sept. 18, 1995), effective

October 1, 1995.

5. FAR, Subcontractor Payments, 60 Fed. Reg. 48272 (Sept. 18, 1995),

effective October 1, 1995.

6. FAR, Reimbursement of Protest Costs, 60 Fed. Reg. 48274 

(Sept. 18, 1995), effective October 1, 1995.

7. FAR, Contract Financing, 60 Fed. Reg. 49707 (Sept. 26, 1995), effective

October 1, 1995.

8. FAR, Special Contracting Methods, 60 Fed. Reg. 49720 (Sept. 26, 1995),

effective October 1, 1995.

9. FAR, Task and Delivery Order Contracts (final and interim rule), 

60 Fed. Reg. 49723 (Sept. 26, 1995), effective October 1, 1995. The interim

rule consists of section 16.500, which was added to FAR Part 16—Types of

Contracts.

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Appendix I 

Regulatory Implementation of the Federal

Acquisition Streamlining Act of 1994

10. FAR, Fraud Remedies, 60 Fed. Reg. 49728 (Sept. 26, 1995), effective

October 1, 1995.

11. FAR, Assignment of Claims, 60 Fed. Reg. 49729 (Sept. 26, 1995),

effective October 1, 1995.

Interim Regulations

Published by

September 8, 1995

1. FAR, Micro-Purchase Procedures, 59 Fed. Reg. 64786 (Dec. 15, 1994),

effective December 15, 1994.

2. FAR, Simplified Acquisition Procedures/FACNET, 60 Fed. Reg. 34741

(July 3, 1995), effective July 3, 1995.4

3. DFARS, Contract Award (Interim), 60 Fed. Reg. 40106 (Aug. 7, 1995),

effective August 7, 1995. Converted to a final rule, 60 Fed. Reg. 61586

(Nov. 30, 1995).

Other Implementation

Proposed Regulations

Published by 

October 1, 1995

1. FAR, Travel Costs, 59 Fed. Reg. 64542 (Dec. 14, 1994). FASA section 2191

repealed the statutory basis for the existing regulation. The Federal

Acquisition Regulatory Council withdrew the proposed rule in its notice of

public meeting 

(60 Fed. Reg. 27471, May 24, 1995).

2. FAR, Small Business, 60 Fed. Reg. 2302 (Jan. 6, 1995). Portions covering

small disadvantaged businesses (to implement FASA section 7102) were

withheld from the final regulation pending executive branch review of

affirmative action following the Adarand Supreme Court decision.5

 Those

portions relating to small disadvantaged business set-asides and the

evaluation preference for small disadvantaged businesses were

established as a separate FAR Case, 94-781. Other portions relating to the

4

This regulation was published simultaneously with Electronic Contracting, which is an interim

regulation to amend the FAR to address use of electronic commerce/electronic data interchange in

federal government contracting (60 Fed. Reg. 34735 [July 3, 1995]). The Electronic Contracting interim

regulation and the Simplified Acquisition Procedures/FACNET (Federal Acquisition Computer

Network) interim regulation are interdependent and meant to be considered jointly.

5

The Supreme Court’s decision in Adarand Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995), set forth a

new standard for evaluating the constitutionality of race-based affirmative action programs, and the

President directed on July 19, 1995, that executive agencies review affirmative action programs under

that standard.

Page 13 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix I 

Regulatory Implementation of the Federal

Acquisition Streamlining Act of 1994

small business reservation (FASA section 4004) were transferred to the

Simplified Acquisition Procedures/FACNET interim regulation. Other

coverage in the proposed rule was incorporated into the final regulation at

60 Fed. Reg. 48258 (Sept. 18, 1995).

3. FAR, Special Contracting Methods, 60 Fed. Reg. 14340 (Mar. 16, 1995).

Sections covering new procedures for multiyear contracting were not

published in final form pending further Office of Management and Budget

review and were established as FAR Case 94-712 for separate processing.

Most of the coverage in the proposed rule was incorporated into the final

regulation at 60 Fed. Reg. 49720 (Sept. 26, 1995).

4. DFARS, Contract Award (Proposed), 60 Fed. Reg. 40146 (Aug. 7, 1995).

Regulations implementing FASA sections 1505 and 2402 were made final in

61 Fed. Reg. 7739 (Feb. 29, 1996).

Proposed Regulations

Published After 

October 1, 1995

1. DFARS, Cost Principles, 60 Fed. Reg. 53320 

(Oct. 13, 1995).

2. DFARS, Truth in Negotiations Act and Related Changes, 60 Fed. Reg.

54326 (Oct. 23, 1995). This publication includes the proposed deletion of

DFARS language that implemented 10 U.S.C. 2406, the primary statute

covering work measurement systems, which was repealed by FASA section

2201(b).

3. DFARS, Multiyear Contracting and Other Miscellaneous Provisions,

60 Fed. Reg. 56972 (Nov. 13, 1995).

Interim Regulations

Published After 

October 1, 1995

1. DFARS, Miscellaneous Amendments, 60 Fed. Reg. 61586 (Nov. 30, 1995).

This publication includes interim implementation of FASA defense-unique

commercial contracting provisions, effective November 30, 1995.

Regulations Not Published

by March 15, 1996

1. FASA section 1022, Revision and Reorganization of Multiyear Contracting

Authority, to be implemented in the National Aeronautics and Space

Administration FAR Supplement and Department of Transportation

Acquisition Regulation pertaining to the United States Coast Guard.

Agency officials told us they were waiting for FAR multiyear contracting

coverage before issuing regulations.

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Appendix I 

Regulatory Implementation of the Federal

Acquisition Streamlining Act of 1994

2. FASA section 1439, Oversight of Acquisition of Automatic Data

Processing Equipment by Federal Agencies. This section was to be

implemented in the General Services Administration’s Federal Information

Resources Management Regulation. However, the oversight authority of

the General Services Administration was repealed by section 5101 of the

Information Technology Management Reform Act of 1996 

(P.L. 104-106, sections 5001-5703).

3. FASA section 4104(b), Miller Act. FASA section 4104(b)(2)(A) requires

alternatives to payment bonds as payment protections for suppliers of

labor and materials. Publication of an interim rule under FAR Case 95-301

was pending in the spring of 1996, according to the Deputy Project

Manager for the Implementation of FASA.

6

4. FASA section 7105, Extension of Defense Contract Goal to Coast Guard

and National Aeronautics and Space Administration, to be implemented in

DFARS, the National Aeronautics and Space Administration FAR

Supplement, and the Department of Transportation Acquisition Regulation

pertaining to the United States Coast Guard (awaiting executive branch

review of federal affirmative action programs following the Adarand

Supreme Court decision).7

5. FASA sections 7301-7306, Community Improvement Volunteer Act of

1994, to be implemented in Department of Labor regulations.

6. FASA section 8301, Inapplicability of Certain Provisions of Law. Section

8301(d) exempts firm fixed-price contracts or subcontracts (without cost

incentives) for commercial items from cost accounting standards

promulgated by the Cost Accounting Standards Board. The Cost

Accounting Standards Board did not amend regulations at 48 C.F.R.

9903.201-1 to reflect this change. However, in a memorandum dated

December 18, 1995, the Chairman of the Cost Accounting Standards Board

notified senior procurement executives that the Board delegated to federal

procuring agencies the authority to waive the application of cost

accounting standards to individual firm fixed-price contracts for the

acquisition of commercial items, when cost or pricing data is not obtained.

6

Pending required implementation of FASA section 4104 (b)(2)(A) in the FAR, an interim DFARS rule

providing alternatives to payment bonds for Department of Defense agencies was published and

effective on August 31, 1995 (60 Fed. Reg. 45376). Revisions, still interim, were published later 

(61 Fed. Reg. 3600 and 61 Fed. Reg. 7739).

7

See footnote 5.

Page 15 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

This appendix provides a section-by-section guide to FASA implementation.

The first two columns of table II.1 set out all FASA sections and titles,

followed by brief synopses in the third column. The remaining five

columns under the “Implementation” heading provide either citations for

regulatory implementation or other explanatory information if the FASA

section did not require regulatory implementation. We used the following

five implementation categories:

• Final regulation published by September 8, 1995. Regulatory

implementation met FASA’s deadline for publication in final form.

• Final regulation published by October 1, 1995. Although not published by

September 8, 1995, the regulation was published in final form by the latest

date all FASA provisions of law became applicable.

• Proposed regulation published by October 1, 1995. This category includes

references to regulations published only in proposed form by 

October 1, 1995.

• Other. This category consists of regulatory implementation or other status

as follows:

• interim regulations, which must be followed, but remain subject to

change when made final and

• FASA sections for which no regulatory implementation has been

published in any form.

• No regulatory implementation required. This category includes

information relating to FASA sections that did not require revising

regulations in the Code of Federal Regulations. The reasons for this

include the following:

• FASA changes were technical in nature (e.g., editorial revisions or

changes made to achieve conformity with other laws);

• existing regulations were sufficient to cover FASA’s content and did not

need revision; or

• FASA was implemented through other types of actions, not by revising

regulations.

The 204 sections of FASA were grouped into the following 10 titles:

• Title I—Contract Formation

• Title II—Contract Administration

• Title III—Service Specific and Major Systems Statutes

• Title IV—Simplified Acquisition Threshold

• Title V—Acquisition Management

• Title VI—Other Procurement-Related Matters

• Title VII—Small Business and Socioeconomic Laws

Page 16 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

• Title VIII—Commercial Items

• Title IX—Federal Acquisition Computer Network

• Title X—Effective Dates and Implementation

Page 17 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Table II.1: FASA Implementation

FASA section Section title Synopsis

F

p

S

1001

(see 1051)

References to Federal Acquisition

Regulation

Deletes obsolete reference to the FAR.

1002

(see 1052)

Establishment or Maintenance of

Alternative Sources of Supply

Authorizes exclusion of a source of supply to ensure the continuous

availability of a reliable source; satisfy projected needs as determined by

a history of high demand; or satisfy a critical need for medical, safety, or

emergency supplies.

6

(

F

4

1003

(see 1053)

Clarification of Approval Authority for

Use of Procedures Other Than 

Full and Open Competition

Permits justifications for the use of other than competitive procedures for

contracts over $100,000, but not over $1 million, to be approved by

officials with authority to approve the use of such procedures for contracts

that exceed $1 million.

6

(

F

4

1004

(see 1054)

Task and Delivery Order Contracts Codifies existing general authority for the use of task and delivery order

contracts and authorizes agencies to enter into such contracts for

advisory and assistance services (with mandatory multiple awards for

advisory and assistance contracts exceeding 3 years and 

$10 million in value).

1005

(see 1055)

Acquisition of Expert Services Authorizes the use of other than competitive procedures to acquire expert

services for use in litigation or disputes involving the federal government.

6

(

F

4

6

1011

(see 1061)

Source Selection Factors Requires the disclosure of evaluation factors and subfactors, including

past performance as well as cost or price. Solicitation must state whether

or not discussions will be held before award. Requires disclosure of

relative importance of technical factors as compared to cost or price.

6

(

F

4

5

1012

(see 1062)

Solicitation Provision Regarding

Evaluation of Purchase Options

Provides that a solicitation for contracts to be awarded using sealed bid

procedures cannot include clause providing for evaluation of option

pricing, unless it is reasonably likely that the option will be exercised.

6

(

F

4

Page 18 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

Technical change.

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 6.202

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 6.304

60 Fed. Reg. 49723

(Sept. 26, 1995)

Revised FAR subpart

16.5 and made various

conforming

amendments at: 

52.216-18; 52.216-19;

52.216-20; 52.216-21;

52.216-22; 52.216-27;

52.216-28

60 Fed. Reg. 49723

(Sept. 26, 1995)

Added interim rule at

FAR 16.500, which

defines the scope of

FAR subpart 16.5.

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 5.202; 5.301;

6.302-3

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 15.406-5;

15.407; 15.605; 15.610;

52.215-16

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 17.202; 17.208

(continued)

Page 19 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

1013

(see 1063)

Prompt Notice of Award Requires award notification to unsuccessful offerors or bidders by written

or electronic means within 3 days after contract award.

6

(

F

4

2

1014

(see 1064)

Post-Award Debriefings Requires unsuccessful offerors to be debriefed upon written request

received within 3 days after offeror receives notice of contract award.

Debriefing should take place within 5 days “to the maximum extent

practicable.” Sets out categories of information to be discussed and

prohibits point-by-point comparison of offerors.

6

(

F

4

2

5

1015 

(see 1065)

Protest File Requires procuring activity to establish file for protests to Comptroller

General at the request of an actual or prospective offeror. Others must be

provided reasonable access to file.

1016

(see 1066)

Agency Actions on 

Protests

Authorizes agency head to take action, including recompetition,

termination, or issuance of a new solicitation, if he or she determines that a

solicitation, proposed award, or award does not comply with the

requirements of law or regulation. The agency head may also pay protest

costs and bid and proposal preparation costs.

1021

(see 1071)

Repeal of Requirement for

Secretarial Determination Regarding

Use of Cost Type or Incentive 

Contracts

Repeals requirement for a determination prior to the use of cost-type or

incentive-type contracts.

6

(

F

4

3

1022

(see 1072)

Revision and Reorganization of

Multiyear Contracting Authority

Revises and reorganizes multiyear contracting authority of the Department

of Defense (DOD), National Aeronautics and Space Administration

(NASA), and the U.S. Coast Guard.

Page 20 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 2.101;

14.408-1; 14.409-1;

15.1002; 15.1003;

25.405; 36.304

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 2.101;

14.409-1;15.1004;

25.405; 36.607;

52.215-16

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.104

a

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.102

60 Fed. Reg. 37777 

(July 21, 1995)

FAR,

48 C.F.R. 16.301-3;

16.306; 16.403;

16.403-1; 16.403-2;

36.606

60 Fed. Reg. 14340

(Mar. 16, 1995) 

FAR,

48 C.F.R. 17.1

60 Fed. Reg. 56972

(Nov. 13, 1995)

(Proposed rule)

DFARS,

48 C.F.R. 217.1

NASA and the 

U.S. Coast Guard are

also required to draft

regulations under this

section.

(continued)

Page 21 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

1031

(see 1092)

Repeal of Requirement for Annual

Report by Advocates for Competition

Repeals requirement for annual reports by DOD competition advocates.

1051

(see 1001)

References to Federal Acquisition

Regulation

Deletes obsolete reference to the FAR.

1052

(see 1002)

Establishment or Maintenance of

Alternative Sources of Supply

Authorizes exclusion of a source of supply to ensure the continuous

availability of a reliable source; satisfy projected needs as determined by

a history of high demand; or satisfy a critical need for medical, safety, or

emergency supplies.

6

(

F

4

1053

(see 1003)

Clarification of Approval Authority for

Use of Procedures Other Than 

Full and Open Competition

Permits justifications for the use of other than competitive procedures for

contracts over $100,000, but not over $1 million, to be approved by

officials with authority to approve the use of such procedures for contracts

that exceed $1 million.

6

(

F

4

1054

(see 1004)

Task and Delivery Order Contracts Codifies existing general authority for the use of task and delivery order

contracts and authorizes agencies to enter into such contracts for

advisory and assistance services (with mandatory multiple awards for

advisory and assistance contracts exceeding 3 years and 

$10 million in value).

1055

(see 1005)

Acquisition of Expert Services Authorizes the use of other than competitive procedures to acquire expert

services for use in litigation or disputes involving the federal government.

Repeals exemption from Competition in Contracting Act requirements

applicable to certain Internal Revenue Service contracts involving tax

return examination or litigation.

6

(

F

4

6

1061

(see 1011)

Solicitation, Evaluation, 

and Award

Requires the disclosure of evaluation factors and subfactors, including

past performance, as well as cost or price. Authorizes civilian agencies to

make awards without discussions if solicitation states that this will be

done. Solicitation must state whether or not discussions will be held before

award. Requires disclosure of relative importance of technical factors as

compared to cost or price.

6

(

F

4

5

1062

(see 1012)

Solicitation Provision Regarding

Evaluation of Purchase Options

Provides that a solicitation for contracts to be awarded using sealed bid

procedures cannot include clause providing for evaluation of option

pricing, unless it is reasonably likely that the option will be exercised.

6

(

F

4

Page 22 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

No action required.a

Technical change.

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 6.202

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 6.304

60 Fed. Reg. 49723

(Sept. 26, 1995)

Revised FAR subpart

16.5 and made various

conforming

amendments at: 

52.216-18; 52.216-19;

52.216-20; 52.216-21;

52.216-22; 52.216-27;

52.216-28

60 Fed. Reg. 49723

(Sept. 26, 1995)

Added interim rule at

FAR 16.500, which

defines the scope of

FAR subpart 16.5.

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 5.202; 5.301;

6.302-3

e

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 15.406-5;

15.407; 15.605; 15.610;

52.215-16

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 17.202; 17.208

(continued)

Page 23 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

1063

(see 1013)

Prompt Notice of Award Requires award notification to unsuccessful offerors or bidders by written

or electronic means within 3 days after contract award.

6

(

F

4

2

1064

(see 1014)

Post-award Debriefings Requires unsuccessful offerors to be debriefed upon written request

received within 3 days after offeror receives notice of contract award.

Debriefing should take place within 5 days “to the maximum extent

practicable.” Sets out categories of information to be discussed and

prohibits point-by-point comparison of offerors.

6

(

F

4

2

5

1065

(see 1015)

Protest File Requires procuring activity to establish file for protests to Comptroller

General at the request of an actual or prospective offeror. Others must be

provided reasonable access to file.

1066

(see 1016)

Agency Actions on 

Protests

Authorizes agency head to take action, including recompetition,

termination, or issuance of a new solicitation, if he or she determines that a

solicitation, proposed award, or award does not comply with the

requirements of law or regulation. The agency head may also pay protest

costs and bid and proposal preparation costs.

1071

(see 1021)

Repeal of Agency Head

Determination Regarding Use of

Cost Type or Incentive Contract

Repeals requirement for a determination prior to the use of cost-type or

incentive-type contracts.

6

(

F

4

3

1072

(see 1022)

Multiyear Contracting Authority Authorizes civilian agencies to enter into multiyear contracts if funds are

available, demand for product is reasonably firm, and contract is in the

best interest of the United States. Congress must be notified before award

of any contract containing a cancellation ceiling over $10 million.

1073 Severable Services Contracts

Crossing Fiscal Years

Authorizes civilian agency heads to enter into contracts for procurement of

severable services for a period that begins in one fiscal year and ends in

the next, if the contract period does not exceed 1 year, excluding options.

6

(

F

4

3

Page 24 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 2.101;

14.408-1; 14.409-1;

15.1002; 15.1003;

25.405; 36.304

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 2.101;

14.409-1; 15.1004;

25.405; 36.607;

52.215-16

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.104

a

60 Fed. Reg. 48224

(Sept 18, 1995)

FAR, 

48 C.F.R. 33.102

60 Fed. Reg. 37777 

(July 21, 1995)

FAR,

48 C.F.R. 16.301-3;

16.306; 16.403;

16.403-1; 16.403-2;

36.606

60 Fed. Reg. 14340

(Mar. 16, 1995)

FAR, 

48 C.F.R. 17.1

f60 Fed. Reg. 37778 

(July 21, 1995)

FAR,

48 C.F.R. 32.703-3;

37.106

(continued)

Page 25 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

1074 Economy Act Purchases Requires revision of FAR provisions governing federal agency authority to

purchase goods and services under contracts entered into or

administered by other agencies.

1091 Policy Regarding Consideration of 

Contractor Past Performance

Requires the Administrator of the Office of Federal Procurement Policy

(OFPP) to provide guidance regarding the consideration of past

performance. Guidance to include evaluation standards, information

collection and maintenance provisions, and policy to ensure offeror has

opportunity to submit and have past performance information considered.

6

(

F

4

9

4

1092

(see 1031)

Repeal of Requirement for Annual

Report on Competition

Repeals former requirement for agency heads to report to Congress on

actions taken to increase competition and to decrease the number and

dollar value of noncompetitive contracts.

1093 Discouragement of Nonstandard

Contract Clauses

Requires the FAR Council to promulgate regulations to discourage the use

of nonstandard contract clauses on a repetitive basis.

1201

(see 1251)

Stabilization of Dollar Threshold of

Applicability

Establishes a permanent $500,000 threshold for the submission of cost or

pricing data under the Truth in Negotiations Act (TINA) for DOD, NASA,

and the U.S. Coast Guard.

1202

(see 1251)

Exceptions to Cost or Pricing Data

Requirements

Establishes mandatory cost or pricing data exception when price is based

on adequate competition, established catalog or market price of

commercial item sold in substantial quantities to the general public, or

prices set by law or regulation. Sets out exception for commercial item

modifications that do not change nature of acquisition from commercial to

noncommercial.

1203

(see 1251)

Restrictions on Additional Authority

to Require Cost or Pricing Data or

Other Information

Authorizes agency to require submission of cost or pricing data for

procurements under $500,000 only upon nondelegable written

determination by head of the procuring activity. In no event may data be

required if one of the statutory exceptions set out in section 1202 applies.

Authorizes procuring activity head to request other types of data to

determine price reasonableness.

Page 26 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 49720

(Sept. 26, 1995)

FAR,

48 C.F.R. 17.5

60 Fed. Reg. 16718

(Mar. 31, 1995)

FAR, 

48 C.F.R. 9.104-1;

9.105-1; 15.406-5;

15.604; 15.605; 15.608;

15.610; 15.1003; 42.302;

42.15

See also A Guide to

Best Practices for Past

Performance (OFPP,

interim edition, May

1995)

No action required.a

The FAR already had

standard clauses, and FAR

Part 1 allows for authorized

deviations.

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 15.804-2

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 15.804-1;

15.804-2; 15.804-3

(removed and

reserved); 15.806-1;

15.806-2; 52.215-26;

52.215-41; 52.215-42

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 15.804-2;

15.804-3 (removed and

reserved); 15.804-5;

15.804-6; 53.215-2

(continued)

Page 27 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

1204

(see 1251)

Additional Special Rules for

Commercial Items

Creates new exception to cost and pricing data requirement in

competitive procurements of commercial items where purchase is based

on adequate price competition. Discusses information to collect to

determine price reasonableness when procurement is not based on

adequate competition. Sets out provisions related to audit of information.

1205

(see 1251)

Right of United States to Examine

Contractor Records

Gives agency heads the authority provided under 10 U.S.C. 2313 to

examine contractor records for the purpose of evaluating the accuracy,

completeness, and currency of cost or pricing data.

6

(

4

5

1206

(see 1251)

Required Regulations Requires inclusion in the FAR of a list of the types of information offerors

must submit for price reasonableness determinations when certified cost

or pricing data is not required.

1207

(see 1251)

Consistency of Time References Ensures consistency of time references in TINA (10 U.S.C. 2306a).

1208

(see 1251)

Exception for Transfers Between

Divisions, Subsidiaries, and Affiliates

Defines “cost and pricing data,” “subcontract,” and “commercial item” as

applicable to TINA. “Subcontract” defined to include a transfer of

commercial items between divisions, subsidiaries, or affiliates of a

contractor or a subcontractor.

1209 Coverage of Coast Guard and NASA

for Interest and Payments on Certain

Overpayments

Sets out TINA provisions governing interest and penalties for

overpayments due to defective cost or pricing data made applicable to

NASA and the U.S. Coast Guard.

1210 Repeal of Superseded Provision Repeals superseded provisions related to TINA.

Page 28 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 15.106-2;

15.804-1; 15.804-3

(removed and

reserved); 15.804-5;

52.215-26; 52.215-41;

52.215-42; 52.215-43

60 Fed. Reg. 42649

(Aug. 16, 1995)

48 C.F.R. 14.201-7;

15.106-1; 52.214-26;

52.215-2

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 15.804-5

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 15.801;

15.804-4

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 15.801

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 15.804-7

Technical change.

(continued)

Page 29 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

1251

(see 1201-1208)

Revision of Civilian Agency

Provisions to Ensure Uniform

Treatment of Cost or Pricing Data

Ensures uniformity of TINA requirements for civilian agencies and for

DOD, NASA, and the U.S. Coast Guard.

6

(

F

4

5

1252 Repeal of Obsolete Provision 

(41 U.S.C. 253e)

Repeals section 303E of the Federal Property and Administrative Services

Act, which required offerors of commercial items to certify lowest price or

justify the difference.

1301 Research Projects Technical amendments to the research and development project

guidelines for DOD.

1401

(see 1438)

Protest Defined Defines “protest” to include the written objection to a solicitation,

cancellation of a solicitation, award or proposed award, and termination or

cancellation of an award if improprieties are alleged.

6

(

G

R

4

1402 Review of Protests and Effect on

Contracts Pending Decision

Changes working days to calendar days in Comptroller General bid

protest statutory provisions. Allows contracting officers to withhold

authorization to proceed with contract performance when a bid protest is

likely and immediate performance would not be in the best interests of the

United States.

6

(

G

R

4

1403

(see 1435)

Decisions on Protests Changes working days to calendar days in bid protest provisions.

Requires new protest grounds to be resolved during initial time period of

decision to the maximum extent practicable. Authorizes Comptroller

General recommendations, rather than directives, to agencies on payment

of fees and costs. Authorizes capped payments of expert witness,

consultant, and attorney fees. (Small business concerns are excepted

from capping.)

6

(

G

R

4

Page 30 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 42649

(Aug. 16, 1995)

FAR, 

48 C.F.R. 14.201-7;

15.106-1; 52.214-26;

52.215-2

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR,

48 C.F.R. 15.106-2;

15.801;

15.804-1—15.804-

7;15.806-

1; 15.806-2; 52.215-26;

52.215-41; 52.215-42;

52.215-43; 53.215-2

60 Fed. Reg. 48208

(Sept. 18, 1995)

FAR, 

48 C.F.R. 14.214

(removed and

reserved);

15.813—15.813-7

(removed); 52.215-32;

52.215-37 (removed

and reserved)

Technical change.

60 Fed. Reg. 40737

(Aug. 10, 1995)

GAO Bid Protest

Regulations,

4 C.F.R. Part 21

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.101

60 Fed. Reg. 40737

(Aug. 10, 1995)

GAO Bid Protest

Regulations,

4 C.F.R. Part 21

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.102;

33.104; 52.233-3

60 Fed. Reg. 40737

(Aug. 10, 1995)

GAO Bid Protest

Regulations,

4 C.F.R. Part 21

60 Fed. Reg. 48224

(Sept. 18, 1995); 

60 Fed. Reg. 48274

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.104;

52.233-3

(continued)

Page 31 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

1404

(see 1437)

Regulations Authorizes the Comptroller General to establish procedures for electronic

filing and dissemination and clarifies the computation of deadlines.

6

(

G

R

4

1431 Revocation of Delegations of

Procurement Authority

Authorizes the General Services Administration (GSA) Administrator to

revoke a delegation of procurement authority after award only in cases

involving a violation of law or regulation.

1432 Authority of the General Services

Administration Board of Contract

Appeals

Sets out authority for General Services Administration Board of Contract

Appeals (GSBCA) review of contracting officer decisions alleged to have

violated a statute, regulation, or condition of any procurement authority

delegation.

6

(

G

4

1433 Periods for Certain Actions Conforms GSBCA and Comptroller General time schedules related to

suspension hearings. Substitutes calendar days for working days and

requires new protest grounds to be resolved within original protest time

frame to maximum extent practicable. Allows procurement process to

continue during protest if in best interests of the United States.

6

(

G

4

1434 Dismissals of Protests Authorizes GSBCA to dismiss protests it determines are frivolous, have

been brought in bad faith, or do not state a valid basis for protest.

6

(

G

4

1435

(see 1403)

Award of Costs Authorizes payment of consultant and expert witness fees, as well as

attorneys fees at capped levels in protests before the GSBCA. (Small

business concerns are excepted from capping.)

6

(

G

4

1436 Dismissal Agreements Requires settlement agreements involving protest dismissal and direct or

indirect expenditure of appropriated funds to be publicly disclosed.

Authorizes payments resulting from such agreements to be made from the

judgment fund, as appropriated in 31 U.S.C. 1304. The federal agency

concerned has to reimburse that account.

6

(

G

4

1437

(see 1404)

Matters to be Covered in Regulations Authorizes GSBCA to establish procedures for electronic filing and

dissemination and clarifies computation of deadlines. GSBCA procedures

must allow for imposition of appropriate sanctions, including dismissal, for

frivolous and bad faith protests, as well as willful abuse of GSBCA’s

process.

6

(

G

4

Page 32 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 40737

(Aug. 10, 1995)

GAO Bid Protest

Regulations,

4 C.F.R. Part 21

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.101

GSA determination that

revision to the Federal

Information Resources

Management Regulation

(FIRMR) would not be

needed.

60 Fed. Reg. 17023

(Apr. 4, 1995)

GSBCA Rules,

48 C.F.R. Part 6101

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.105

60 Fed. Reg. 17023

(Apr. 4, 1995)

GSBCA Rules,

48 C.F.R. Part 6101

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.105

60 Fed. Reg. 17023

(Apr. 4, 1995)

GSBCA Rules,

48 C.F.R. Part 6101.28

60 Fed. Reg. 17023

(Apr. 4, 1995)

GSBCA Rules,

48 C.F.R. Part 6101

60 Fed. Reg. 48224

(Sept. 18, 1995); 

60 Fed. Reg. 48274 

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.105;

52.233-3

60 Fed. Reg. 17023

(Apr. 4, 1995)

GSBCA Rules,

48 C.F.R. Part 6101

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.105

60 Fed. Reg. 17023

(Apr. 4, 1995)

GSBCA Rules,

48 C.F.R. Part 6101

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.101

(continued)

Page 33 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

1438

(see 1401)

Definition of Protest Defines “protest” to include the written objection to a solicitation,

cancellation of a solicitation, award or proposed award, and termination or

cancellation of an award if improprieties are alleged.

6

(

G

4

1439 Oversight of Acquisition of 

Automatic Data Processing 

Equipment by Federal Agencies

Requires GSA to collect and compile data regarding the procurement of

automatic data processing equipment.

1501 Repeal of Policy Statement Repeals superseded provision of law stating congressional defense

procurement policy.

6

(

F

4

1502

(see 1551)

Definitions Cross-references definitions applicable to acquisitions of DOD, NASA,

and the U.S. Coast Guard to definitions found in section 4 of the OFPP Act

(41 U.S.C. 403).

1503

(see 1552)

Delegation of Procurement Functions Consolidates provisions related to the assignment and delegation of

procurement functions within DOD, NASA, and the U.S. Coast Guard.

Requires the Secretary of Defense to prescribe regulations prohibiting

military departments participating in joint acquisition programs approved

by the Under Secretary of Defense for Acquisition and Technology from

reducing participation in the program without the approval of the Under

Secretary.

1504

(see 1553)

Determinations and Decisions Authorizes agency head to make individual or class determinations and

decisions for purchases or contracts relating to multiyear contracting,

contract financing, and records examination authority.

1505 Restrictions on Undefinitized

Contractual Actions

Deletes use of “expend” and requires use of “obligate” when computing

dollar limits for undefinitized actions. Authorizes a waiver of restrictions to

support contingency operations.

Page 34 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 17023

(Apr. 4, 1995)

GSBCA Rules,

48 C.F.R. Part 6101

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 33.101

Was to be implemented

in GSA’s FIRMR.

However, section 5101

of Public Law 104-106

repealed GSA’s

oversight authority.

60 Fed. Reg. 37777 

(July 21, 1995)

FAR, 

48 C.F.R. 7.102; 11.002;

19.000; 41.103

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.101

60 Fed. Reg. 49720

(Sept. 26, 1995)

FAR,

48 C.F.R. 1.6

See also DOD policies

and procedures for

initiating and managing

joint acquisition

programs in DOD

Instruction 5000.2 (Part

12) revised Feb. 26,

1993.

No action required.a

60 Fed. Reg. 40146

(Aug. 7, 1995); 61 Fed.

Reg. 7739 (Feb. 29,

1996) (Converted to a

final rule.)

DFARS,

48 C.F.R. 216.603-4;

216.703; 217.202;

217.7402; 217.7404-3;

217.7406; 252.217-7027

(continued)

Page 35 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

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1506 Repeal of Requirement Relating to

Production Special Tooling and

Production Special Test Equipment

Repeals 10 U.S.C. 2329.

1507 Regulations for Bids Authorizes the Secretary of Defense to prescribe regulations relating to

the preparation, submission, and opening of bids for contracts.

1551

(see 1502)

Definitions Cross-references civilian agency acquisition definitions to definitions

found in section 4 of the OFPP Act (41 U.S.C. 403).

1552

(see 1503)

Delegation of Procurement Functions Consolidates provisions related to the assignment and delegation of

procurement functions within civilian agencies.

1553

(see 1504)

Determinations and Decisions Authorizes civilian agency head to make individual or class determinations

and decisions for purchases or contracts relating to multiyear contracting,

contract financing, and records examination authority.

1554 Repeal of Preference for Recycled

Toner Cartridges

Repeal of certain provisions of law relating to a preference for

procurement of recycled toner cartridges.

1555 Cooperative Purchasing Authorizes GSA Administrator to permit state and local governments and

certain other entities to use GSA federal supply schedule or other

contracts.

6

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4

Page 36 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 40106

(Aug. 7, 1995) (Interim

rule);

60 Fed. Reg. 61586

(Nov. 30, 1995)

(Converted to a final

rule without change.)

DFARS,

48 C.F.R. 215.871

(removed and reserved)

See FAR Part 14 and DFARS

Part 214.

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.101

60 Fed. Reg. 49720

(Sept. 26, 1995)

FAR,

48 C.F.R. 1.6

s No action required.a

No action required.b

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 51.101; 51.102

See also GSA’s

Implementation Plan for

Section 1555 of the

Federal Acquisition

Streamlining Act of

1994; Cooperative

Purchasing (60 Fed.

Reg. 17764, Apr. 7,

1995).

Section 4309 of Public

Law 104-106 delayed

implementation.

(continued)

Page 37 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

2001

(see 2051)

Contract Financing Consolidates contract financing provisions and directs the use of

performance-based payments “whenever practicable.” Authorizes

payments for commercial items using commercial terms and conditions

when in the best interests of the United States.

2002 Repeal of Vouchering Procedures

Section

Repeals DOD vouchering requirements in 10 U.S.C. 2355.

2051

(see 2001)

Contract Financing Consolidates contract financing provisions and directs the use of

performance-based payments “whenever practicable.” Authorizes

payments for commercial items using commercial terms and conditions

when in the best interests of the United States.

2091 Government-wide Application of

Payment Protections for

Subcontractors and Suppliers

Directs FAR Council to modify the FAR to apply governmentwide payment

protections previously applicable only to DOD contracts.

2101

(see 2151)

Allowable Contract Costs Applies contract cost principles to DOD, NASA, and U.S. Coast Guard

contracts over $500,000 (periodically adjusted for inflation). Exempts firm

fixed-price contracts for commercial items from provision. Adds costs of

lobbying local governmental bodies to current prohibition on

reimbursement of costs of lobbying state and federal bodies.

6

(

6

(

6

(

F

4

3

3

3

3

4

4

5

5

Page 38 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 49707

(Sept. 26, 1995);

FAR,

48 C.F.R.

32.000—32.006-5;

32.1; 32.2; 32.4; 32.5;

32.10; 42.3;

52.232-29—52.232-32

DOD determination that no

revisions to DOD guidance

would be needed.

60 Fed. Reg. 49707

(Sept. 26, 1995);

60 Fed. Reg. 49728

(Sept. 26, 1995)

FAR,

48 C.F.R.

32.000—32.006-5;

32.1; 32.2; 32.4; 32.5;

32.10; 42.3;

52.232-29—52.232-32

60 Fed. Reg. 48272

(Sept. 18, 1995)

FAR,

48 C.F.R. 28.106-4;

28.106-6; 32.112-1;

32.112-2; 52.228-12

60 Fed. Reg. 42657

(Aug. 16, 1995); 

60 Fed. Reg. 42659

(Aug. 16, 1995);

60 Fed. Reg. 42663

(Aug. 16, 1995)

FAR,

48 C.F.R. 31.110;

31.205-1; 31.205-6;

31.205-22; 31.205-43;

31.603; 31.703;

37.113—37.113-2;

42.703-2; 42.705-1;

42.709—42.709-6;

52.237-8; 52.237-9;

52.242-3; 52.242-4

(continued)

Page 39 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

2102 Repeal of Authority for Contract Profit

Controls During Emergency Periods

Repeals statutory authority providing standby profit controls on defense

contracts during war or national emergency.

2151

(see 2101)

Allowable Contract Costs Establishes contract cost principles for civilian agencies. Principles are

substantially the same as those applicable to DOD, NASA, and the U.S.

Coast Guard.

6

(

6

(

6

(

F

4

3

3

3

3

4

4

5

5

2191 Travel Expenses of Government

Contractors

Repeals section 24 of the OFPP Act (41 U.S.C. 420), which generally

limited recovery of contractor travel expenses to maximum per diem rates

authorized for government employees.

2192 Revisions of Cost Principle Relating

to Entertainment, Gift, and

Recreation Costs for Contractor

Employees

Directs that the FAR be revised to prohibit reimbursement of entertainment

costs and that the FAR set out the specific instances in which gifts and

employee morale expenses are permissible.

6

(

F

4

3

2201

(see 2251)

Consolidation and 

Revision of Authority 

to Examine Records of 

Contractors

Consolidates audit provision, including a prohibition on a preaward audit

related to indirect costs in cases where a contracting officer determines

that audit objectives can be met with another federal agency audit not

more than 1 year old. Permits contractors to store records electronically or

photographically. Requires that GAO records access authority not include

any requirement for the special creation or maintenance of records.

6

(

F

4

4

a

4

(

2

5

(

5

Page 40 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

No action required.c

60 Fed. Reg. 42657

(Aug. 16, 1995); 

60 Fed. Reg. 42659

(Aug. 16, 1995);

60 Fed. Reg. 42663

(Aug. 16, 1995)

FAR,

48 C.F.R. 31.110;

31.205-1; 31.205-6;

31.205-22; 31.205-43;

31.603; 31.703;

37.113—37.113-2;

42.703-2; 42.705-1;

42.709—42.709-6;

52.237-8; 52.237-9;

52.242-3; 52.242-4

The FAR Council maintained

the existing regulation while it

considered alternative

proposed rules.

60 Fed. Reg. 42662

(Aug. 16, 1995)

FAR,

48 C.F.R. 31.205-13;

31.205-14

60 Fed. Reg. 42649

(Aug. 16, 1995)

FAR,

48 C.F.R. 1.106; 4.702;

4.703; 4.706 (removed

and reserved);

4.706-1—4.706-3

(removed); 15.106-1;

15.805-5; 25.000;

25.901; 50.307;

52.214-26; 52.215-1

(removed and reserved);

52.215-2

60 Fed. Reg. 54326

(Oct. 23, 1995)

(Proposed rule)

DFARS,

48 C.F.R. 215.872

(removed and

reserved);

215.872-1—215.872-4

(removed); 48 C.F.R.

252.215-7000

(removed and reserved)

(continued)

Page 41 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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Analysis of Implementation of 

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FASA section Section title Synopsis

F

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2251

(see 2201)

Authority to Examine Records of

Contractors

Provides civilian agencies with records examination authority consistent

with that of DOD, NASA, and the U.S. Coast Guard.

6

(

F

4

4

a

4

(

2

5

(

5

2301 Certification of Contract Claims Sets out certification requirements for equitable adjustment requests

exceeding the simplified acquisition threshold. Restricts legislative

payment of claims.

2302 Shipbuilding Claims Increases time period during which shipbuilding claims, requests for

equitable adjustment, or demands for payment may be made from 18

months to 6 years.

2351 Contract Disputes Act Improvements Sets out period for filing contractor claims against the government.

Increases dollar threshold related to certain claim certification, decision

and notification requirements, as well as access to accelerated and small

claims procedures.

6

(

G

4

2352 Extension of Alternative Dispute

Resolution Authority

Requires written explanation of rejection of request for alternative dispute

resolution proceedings by contracting officer or contractor when other

party has proposed use of proceedings. Extends statutory alternative

dispute resolution authority until Oct. 1, 1999.

2353 Expedited Resolution of Contract

Administration Matters

Requires contracting officers to make a reasonable effort to respond in 30

days to a written request related to a contract administration matter

received from a small business concern. Does not create rights under the

Contract Disputes Act.

2354 Authority for District Courts to Obtain

Advisory Opinions from Boards of

Contract Appeals in Certain Cases

Authorizes a district court to request advisory opinions from boards of

contract appeals on issues that could be the proper subject of a final

decision of a contracting officer appealable under the Contract Disputes

Act. Requires that advisory opinions be provided in a “timely manner.”

Page 42 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 42649

(Aug. 16, 1995)

FAR,

48 C.F.R. 1.106; 4.702;

4.703; 4.706 (removed

and reserved);

4.706-1—4.706-3

(removed); 15.106-1;

15.805-5; 25.000;

25.901; 50.307;

52.214-26; 52.215-1

(removed and reserved);

52.215-2

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR, 

48 C.F.R. 50.303-2

60 Fed. Reg. 56972

(Nov. 13, 1995)

(Proposed rule)

DFARS,

48 C.F.R. 233.70

(removed); 233.205;

250.102; 252.233-7000

(removed)

No action required.c

60 Fed. Reg. 17023

(Apr. 4, 1995)

GSBCA Rules,

48 C.F.R. Part 6101

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR,

48 C.F.R. 33.201;

33.206-33.208; 33.211;

52.233-1

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR,

48 C.F.R. 33.201;

33.214; 52.233-1

60 Fed. Reg. 48224

(Sept. 18, 1995)

FAR,

48 C.F.R. 42.1601

Boards of contract appeals

will handle requests case by

case.

(continued)

Page 43 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

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2401 Clarification of Provision Relating to

Quality Control of Certain Spare Parts

Establishes that qualification requirements will be those used to qualify

original production parts unless the Secretary of Defense determines in

writing that similar requirements may be used or that the original

requirements are unnecessary.

2402 Contractor Guarantees Regarding

Weapon Systems

Requires DOD to establish reasonable and cost-effective guidelines for

negotiating weapon system guarantees and guidelines for waivers.

Eliminates report to Congress on waivers.

2451 Section 3737 of the 

Revised Statutes: 

Expansion of Authority 

to Prohibit Setoffs 

Against Assignees; Reorganization

of Section; Revision of Obsolete

Provisions

Continues authorities for contractors to assign payments of $1,000 or

more to financial institutions. Authorizes President to determine that

payments to assignees shall not be subject to reductions or setoffs.

2452 Repeal of Requirement for Deposit of

Contracts With GAO

Repeals section 3743 of the Revised Statutes 

(41 U.S.C. 20).

2453 Repeal of Obsolete Deadline

Regarding Procedural Regulations

for the Cost Accounting Standards

Board

Amends section 26 of the OFPP Act (41 U.S.C. 422).

2454 Codification of Accounting

Requirement for 

Contracted Advisory and 

Assistance Services

Requires the Director of the Office of Management and Budget (OMB) to

establish funding for advisory and assistance services as a separate

object class in budgets submitted to Congress. Defines “advisory and

assistance services.”

2455 Uniform Suspension and Debarment Provides for the reciprocal governmentwide effect of all agency

suspension and debarment actions. Authorizes exceptions on a limited

basis.

6

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4

3001 Weapon Development and

Procurement Schedules

Restructures provisions related to weapon development and procurement

schedules.

Page 44 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 40146

(Aug. 7, 1995)

DFARS,

48 C.F.R. 209.206-70

60 Fed. Reg. 40146

(Aug. 7, 1995)

61 Fed. Reg. 7739

(Feb. 29, 1996)

(Converted to a final

rule.)

DFARS,

48 C.F.R. 246.770-2;

246.770-8

60 Fed. Reg. 49729

(Sept. 26, 1995)

FAR,

48 C.F.R. 32.8

Technical change.

Technical change.

60 Fed. Reg. 49720

(Sept. 26, 1995)

FAR,

48 C.F.R. 37.2

See also requirements

for preparation of the

1997 budget published

in OMB Circular A-11,

dated June 6, 1995.

60 Fed. Reg. 33064

(June 26, 1995)

FAR,

48 C.F.R. 9.401; 9.403

Requirements for preparation

of DOD’s 1996/1997 budget

issued by Deputy

Comptroller

(Program/Budget)

memorandum, dated 

Jan. 5, 1995.

(continued)

Page 45 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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FASA section Section title Synopsis

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3002 Selected Acquisition 

Report Requirement

Reorganizes requirements related to selected acquisition reports.

3003 Unit Cost Report Requirement Reorganizes requirements related to unit cost reports.

3004 Requirement for Independent Cost

Estimate and Manpower Estimate

Before Development or Production

Requires the Secretary of Defense to prescribe regulations governing the

content and submission of life-cycle costs and manpower estimates

related to major defense acquisition programs.

3005 Baseline Description Eliminates prescriptive requirements and substitutes general guidance for

establishing baseline descriptions. Eliminates statutory procedures for

deviation reporting. Requires the Secretary of Defense to prescribe

regulations governing such procedures.

3006 Repeal of Requirement for

Competitive Prototyping for Major

Programs

Repeals 10 U.S.C. 2438. 6

(

D

4

3007

(see 3006)

Repeal of Requirement for

Competitive Alternative Sources for

Major Programs

Repeals 10 U.S.C. 2439.

3011 Authority of Director of Operational

Test and Evaluation to Communicate

Views Directly to Secretary of

Defense

Allows communication of views by the Director of Operational Test and

Evaluation without the approval or concurrence of any other official within

DOD.

Page 46 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

Revisions to DOD guidance

on preparation of 1996

selected acquisition reports

in DOD Manual 5000.2-M

(Part 17) issued by Director,

Acquisition Program

Integration, memorandum

dated Jan. 3, 1995.

Supplementary DOD

guidance on preparation of

unit cost reports issued by

Director, Acquisition Program

Integration, memorandum

dated Feb. 3, 1995.

DOD determination that

requirements were already

contained in DOD Directives

5000.1 and 5000.4 and DOD

Instruction 5000.2.

Revisions to DOD guidance

on acquisition program

baseline requirements issued

by Under Secretary of

Defense, Acquisition and

Technology, memorandum

dated Sept. 27, 1995.

60 Fed. Reg. 29491

(June 5, 1995)

DFARS,

48 C.F.R. 207.105

Revisions to DOD

Instruction 5000.2,

DOD 5000.2-M, and

DFARS 207.105, to

reflect repeal, were

directed by Under

Secretary of Defense,

Acquisition and

Technology,

memorandum dated

May 4, 1995.

Revisions to DOD Instruction

5000.2 and DOD 5000.2-M,

to reflect repeal, were

directed by Under Secretary

of Defense, Acquisition and

Technology, memorandum

dated May 4, 1995.

DOD determination that no

revisions to DOD guidance

were needed.

(continued)

Page 47 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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3012 Responsibility of Director 

of Operational Test and Evaluation

for Live Fire Testing

Transfers responsibility for monitoring and reviewing DOD’s live fire testing

activities to the Director of Operational Test and Evaluation and requires

inclusion of these activities in the Director’s annual report.

3013 Requirement for Unclassified Version

of Annual Report on Operational Test

and Evaluation

Requires submission of unclassified as well as classified version of annual

reports submitted to Congress on operational test and evaluation.

3014 Survivability and Lethality Testing Authorizes the Secretary of Defense to waive survivability and lethality

tests before full-scale production of major systems and munitions

programs, if the Secretary of Defense certifies to Congress that the testing

would be unreasonably expensive or impractical.

3015 Limitation on Quantities to Be

Procured for Low-Rate Initial

Production

Generally restricts low-rate initial production quantities to 10 percent of the

total number to be produced as determined at milestone II, unless the

Secretary of Defense explains why a greater quantity is necessary.

3021 Gratuitous Services of Officers of

Certain Reserve Components

Authorizes the Secretary of Defense to accept the gratuitous services of

officers of certain reserve components to consult on matters relating to the

armed forces.

3022 Authority to Rent Samples, Drawings,

and Other Information to Others

Adds clarifying language related to DOD authority to sell and rent

manufacturing information, equipment, materials, and services.

3023 Repeal of Application of Public

Contracts Act to Certain Naval

Vessel Contracts

Repeals application of the Walsh-Healey Act to naval vessel construction

contracts.

3024 Repeal of Requirement for

Construction of Vessels on Pacific

Coast

Repeals statutory requirements mandating construction of certain naval

vessels on the Pacific Coast.

3025 Scientific Investigation and Research

for the Navy

Repeals statutory provision related to the authority of the Secretary of the

Navy to make expenditures for scientific investigations and research.

3031 Definitions Sets out various definitional changes to statutory provisions governing the

Civil Reserve Air Fleet.

Page 48 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

Transfer of live fire test

program resources by

Deputy Secretary of Defense

approval of action

memorandum of Director of

Operational Test and

Evaluation, dated 

Jan. 3, 1995.

DOD determination that no

revisions to DOD guidance

were needed.

Revisions to DOD guidance

on survivability and lethality

testing issued by Deputy

Secretary of Defense

memorandum dated 

June 26, 1995.

Revisions to DOD guidance

on quantities to be procured

for low-rate initial production

issued by Under Secretary of

Defense, Acquisition and

Technology, memorandum

dated Apr. 14, 1995.

DOD determination that no

revisions to DOD guidance

would be needed.

Revisions to DOD guidance

being developed.

No action required.c

No action required.c

DOD determination that no

revisions to DOD guidance

would be needed.

60 Fed. Reg. 56972

(Nov. 13, 1995)

(Proposed rule)

DFARS,

48 C.F.R. 247.70

(continued)

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3032 Consolidation of 

Provisions Relating to 

Contractual Commitment of 

Aircraft

Sets out various streamlining changes to statutory provisions governing

the Civil Reserve Air Fleet.

3033 Use of Military Installations by

Contractors

Authorizes the Secretary of the Air Force to allow use of military

installations by Civil Reserve Air Fleet contractors. Payments collected

from such contractors must be credited to the appropriation of the armed

forces with jurisdiction over the military installation.

3061 Regulations on Procurement,

Production, Warehousing, and

Supply Distribution Functions

Authorizes the Secretary of Defense to prescribe regulations governing

the performance of procurement, production, warehousing and supply

distribution, and related functions.

3062 Repeal of Requirements Regarding

Product Evaluation Activities

Repeals statutory provisions related to the supervision and coordination of

product evaluation activities within DOD.

3063 Department of Defense Acquisition

of Intellectual Property Rights

Updates legal terminology in area of intellectual property. Authorizes use

of military department funds to acquire releases for the unauthorized use

of technical data or computer software. Allows settlement of patent

infringement matters before claimant suits are brought.

3064 Liquid Fuels and Natural Gas:

Contracts for Storage, Handling, or

Distribution

Changes wording in statutory provision governing contracts for storage,

handling, or distribution of liquid fuels or natural gas.

3065 Codification and Revision 

of Limitation on Lease of Vessels,

Aircraft, and Vehicles

Codifies limits on leases of vessels, aircraft, and vehicles by the Secretary

of Defense or the secretary of a military department. The Secretary of

Defense must make a written determination if the contract length is 18

months or more.

Page 50 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 56972

(Nov. 13, 1995)

(Proposed rule)

DFARS,

48 C.F.R. 247.70

60 Fed. Reg. 56972

(Nov. 13, 1995)

(Proposed rule)

DFARS,

48 C.F.R. 247.70

See also DOD

Instruction 4500.55 on

Civil Reserve Air Fleet

(CRAF) Carrier

Commercial Access to

Military Installations for

Non-DOD Operations,

dated Oct. 25, 1995.

Technical change.

DOD determination that no

revisions to DOD guidance

would be needed.

See DFARS Part 227.c

Technical change.

60 Fed. Reg. 40106

(Aug. 7, 1995) (Interim

rule);

60 Fed. Reg. 61586

(Nov. 30, 1995)

(Converted to a final

rule without change.)

DFARS,

48 C.F.R. 207.470

(continued)

Page 51 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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Analysis of Implementation of 

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FASA section Section title Synopsis

F

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3066 Soft Drink Supplies Allows the federal government to purchase soft drinks manufactured in the

United States from military exchange stores located outside the country,

provided the soft drinks will be used outside the United States.

3067 Disbursement of Funds of Military

Department to Cover Obligations of

Another Agency of Department of

Defense

Clarifies statutory provision related to the designation of DOD disbursing

officers.

4001

(see 4003)

Simplified Acquisition Threshold

Defined

Establishes simplified acquisition threshold of $100,000 in the OFPP Act.

4002

(see 4003)

Establishment of Simplified

Acquisition Threshold for Armed

Services

Applies OFPP Act simplified acquisition threshold definition to DOD,

NASA, and the U.S. Coast Guard.

4003

(see 4001-4002)

Establishment of Simplified

Acquisition Threshold for Civilian

Agencies

Applies OFPP Act simplified acquisition threshold definition to civilian

agencies.

4004 Small Business 

Reservation

Reserves procurements above $2,500 and not greater than $100,000 for

small businesses, unless the contracting officer is unable to obtain offers

from two or more small business concerns competitive with market price,

quality, and delivery.

4101 List of Inapplicable Laws 

in Federal Acquisition Regulation

Requires that the FAR contain a list of laws that are inapplicable to

contracts or subcontracts not greater than the simplified acquisition

threshold. Provides that future laws relating to procurements will be

included on the list unless (1) the FAR Council specifically excludes them,

(2) laws’ terms exclude them, or (3) laws provide for civil or criminal

penalties.

Page 52 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

e 60 Fed. Reg. 40106

(Aug. 7, 1995) (Interim

rule);

60 Fed. Reg. 61586

(Nov. 30, 1995)

(Converted to a final

rule without change.)

DFARS,

48 C.F.R. 206.302-5

DOD determination that no

changes to previous

implementation of the

provision would be needed.

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.101

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.101

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.101

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 19.502-2

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.110

(continued)

Page 53 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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4102

(see 4104)

Armed Services 

Acquisitions

Cross-references FAR listing of statutes under section 4101 to DOD,

NASA, and U.S. Coast Guard acquisitions. Lists laws directly inapplicable

to acquisitions not greater than the simplified acquisition threshold.

6

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F

4

4103

(see 4104)

Civilian Agency 

Acquisitions

Cross-references FAR listing of statutes under section 4101 to civilian

agency acquisitions. Lists laws directly inapplicable to acquisitions not

greater than the simplified acquisition threshold.

6

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F

4

4104 (except (b)(2))

(see 4102-4103)

Acquisitions Generally Lists laws directly inapplicable to acquisitions not greater than the

simplified acquisition threshold.

4104(b)(2) Alternatives to Payment Bonds as

Payment Protections for Suppliers 

of Labor and Materials

Requires inclusion in the FAR of alternatives to payment bonds for

suppliers of labor and materials under construction contracts between

$25,000 and $100,000. Requires contracting officers to select from these

payment protections and specify which are used when soliciting offers.

4201 Simplified Acquisition Procedures Provides for special simplified procedures for acquisitions not greater than

the simplified acquisition threshold. Prohibits division of requirements and

promotes competition. Ties use of simplified procedures to achievement

of various levels of Federal Acquisition Computer Network (FACNET)

capability over time. Requires executive agencies to provide potential

offerors reasonable opportunity to respond to solicitations.

4202 Procurement Notice Requires publication of a notice in the Commerce Business Daily 15 days

before solicitation for procurements over $25,000, if contracting activity is

not FACNET-certified. Sets out that deadlines for submission of bids or

proposals are only applicable to contracts greater than the simplified

acquisition threshold. Requires notice to describe award procedure and

response time period for contracts above $25,000 and below the

simplified acquisition threshold.

4203 Implementation of Simplified

Acquisition Procedures

Provides for implementation of simplified acquisition procedures in DOD,

NASA, the U.S. Coast Guard, and civilian agencies.

Page 54 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 42649

(Aug. 16, 1995)

FAR,

48 C.F.R.

14.201-7;15.106-1

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.110

60 Fed. Reg. 42649

(Aug. 16, 1995)

FAR,

48 C.F.R. 14.201-7;

15.106-1

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.110

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.110

FAR,

48 C.F.R. 28.1; 28.2;

52.228-13

(FAR Case 95-301).

Publication of an

interim rule was

pending in the spring

of 1996, according to

GSA officials.

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 5.202; 5.203;

Part 13

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 5.101; 5.202;

5.203; 5.205; 5.207;

5.301

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. Part 13

(continued)

Page 55 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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4301 Procedures for Purchases Below

Micro-Purchase Threshold

Establishes micropurchase threshold at $2,500 and below. Provides that

purchases under threshold are not subject to Small Business Act

reservation requirements or the Buy American Act. Does not require the

securing of competitive quotations. Sets out that employees making

micropurchases are not considered procurement officers under the OFPP

Act.

4401

(see 4402)

Armed Services 

Acquisitions

Sets out conforming amendments for DOD, NASA, and U.S. Coast Guard

acquisitions concerning the simplified acquisition threshold.

4402

(see 4401)

Civilian Agency 

Acquisitions

Sets out conforming amendments for civilian agency acquisitions

concerning the simplified acquisition threshold. Requires GSA regulations

that provide special procedures for leases where annual rent is not

greater than the simplified acquisition threshold.

6

(

G

A

A

4

4403

(see 4201)

Office of Federal Procurement Policy

Act

Sets out conforming amendments to the OFPP Act concerning the

simplified acquisition threshold.

4404 Small Business Act Sets out conforming amendments to the Small Business Act concerning

the simplified acquisition threshold.

Page 56 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 64786

(Dec. 15, 1994) (Interim

rule)

FAR,

48 C.F.R. 1.603-3;

3.104-4; 4.800; 13.101;

13.105; 13.106; 13.502;

13.6; 25.100

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.1

60 Fed. Reg. 42793

(Aug. 17, 1995)

General Services

Administration

Acquisition Regulation,

48 C.F.R. Part 570

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR, 

48 C.F.R. 13.1

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.101

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 13.101;

19.708

(continued)

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FASA section Section title Synopsis

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5001

(see 5051)

Performance Based Management Requires the Secretary of Defense to review major and nonmajor

acquisition programs to assess whether they are achieving, on average,

90 percent of cost, performance, and schedule goals. Requires the

Secretary of Defense to include information on achievement of these goals

and on technology insertion in annual reports to Congress. Requires the

development of enhanced system of performance incentives.

5002 Review of Acquisition Program Cycle Requires the Secretary of Defense to review regulations to ensure that

acquisition program cycle procedures are focused on achieving goals

consistent with the program baseline descriptions required under 10

U.S.C. 2435. Repeals superseded acquisition program and workforce

provisions in the 1994 Defense Authorization Act.

5051

(see 5001)

Performance Based Management Requires heads of civilian agencies to approve or define cost,

performance, and schedule goals for major acquisition programs.

Requires that the OFPP Administrator will include information on

achievement of these goals in annual reports to Congress. Requires

developing enhanced system of performance incentives.

5052 Results-Oriented 

Acquisition Process

Requires the OFPP Administrator, in consultation with appropriate federal

agency heads, to develop results-oriented acquisition process guidelines

for acquisitions of property and services.

Page 58 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

DOD guidance on

performance-based

management implementation

issued by Under Secretary of

Defense, Acquisition and

Technology, memorandum

dated Sept. 27, 1995.

Logistics Management

Institute study identified

characteristics of a

successful incentive system

for program management

teams.

Revisions to DOD guidance

on acquisition oversight and

review process issued by

Under Secretary of Defense,

Acquisition and Technology,

memorandum dated Apr. 28,

1995.

OMB Bulletin No. 95-03,

Planning and Budgeting for

the Acquisition of Fixed

Assets, dated 

June 27, 1995.

Letter providing status

information from

Administrator, OFPP, to

Chairman of Senate

Committee on Governmental

Affairs, dated Oct. 11, 1995.

Other actions to implement

this provision are in progress.

Report by Procurement

Executives’ Working Group of

President’s Management

Council Procurement Task

Force and guidance

regarding procurement

performance measures

provided to executive

departments and agencies

by Director, OMB,

memorandum dated 

May 7, 1996.

(continued)

Page 59 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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FASA section Section title Synopsis

F

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5061 OFPP Test Program for Executive

Agencies

Authorizes the OFPP Administrator to conduct a program of no more than

six tests of alternative and innovative procurement procedures and allows

a waiver of specified laws and regulations. Sets out that no more than one

test will be conducted under this authority at one agency. Makes agency

participation conditional on certification of full FACNET electronic

commerce capability.

5062 NASA Mid-Range Procurement Test

Program

Authorizes the NASA Administrator to test alternative notice and

publication requirements for acquisitions valued at $500,000 or less.

Allows for waiver of procurement regulations with the approval of the

OFPP Administrator.

5063 Federal Aviation Administration

Acquisition Pilot Program

Authorizes the Secretary of Transportation to conduct a test of alternative

and innovative procurement procedures for one of the modernization

programs under the Airway Capital Investment Plan.

5064 Department of Defense Acquisition

Pilot Programs

Establishes procedures for using pilot program authority under the 1991

Defense Authorization Act for five programs authorized by the 1995

National Defense Authorization Act. Allows specified waivers of

regulations and laws.

5091 Vendor and Employee Excellence

Awards

Authorizes the OFPP Administrator to establish awards for vendor and

employee excellence.

5092 Waiting Period for Significant

Changes Proposed for Acquisition

Regulations

Requires increased standard waiting period before the effective date of

significant proposed changes to acquisition regulations from 30 days to

60 days.

5093 Sense of Congress on Negotiated

Rulemaking

Sets out sense of Congress that the FAR Council should consider using

negotiated rule-making procedures in the prescription of acquisition

regulations.

6001 Post-Employment Rules Repeals 3-year restriction on payment to retired regular officers.

Suspends 2-year restrictions on retired military officers through 

December 31, 1996.

6

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Page 60 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

Section 4302 of Public

Law 104-106 removes

the condition placed on

OFPP authority to

conduct test programs

that a federal agency

first must certify full

FACNET electronic

commerce capability.

In response to removal of

condition on authority, OFPP

plans to solicit

recommendations for tests

from federal agencies,

according to an OFPP official.

Internet is the only source of

NASA synopses and

solicitations within its

Mid-Range program to test a

simplified approach to lower

dollar value contracts,

effective Oct. 1, 1995.

Test of alternative and

innovative procurement

procedures resulted in

contract award in 

August 1995.

DOD guidance implementing

defense acquisition pilot

programs issued by Under

Secretary of Defense,

Acquisition and Technology,

memorandum dated 

Dec. 15, 1994.

Implementation of excellence

awards is being planned,

according to an OFPP official.

In 1991, defense and civilian

regulatory councils adopted

60-day waiting periods

before revisions to the FAR

are effective.

No action required.b

60 Fed. Reg. 20029

(Apr. 24, 1995)

Standards of Conduct

and Joint Ethics

Regulation,

32 C.F.R. 84.33

(continued)

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6002 Contracting Functions Performed by

Federal Personnel

Restricts the use of consultants to carry out evaluations or analyses of

acquisition proposals when qualified federal personnel are available to

carry out this function.

6003 Repeal of Executed Requirement for

Study and Report

Repeals statutory requirement for study already executed by OFPP

Administrator on extent of competition in award of subcontracts by federal

prime contractors.

6004 Interests of Members of Congress Repeals requirement that “every contract or agreement” express condition

that certain officials shall not benefit from that contract or agreement.

6

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F

4

(

3

(

4

4

(

6005

(see 6006)

Whistleblower Protections for

Contractor Employees 

of Department of Defense, Coast

Guard, and National Aeronautics

and Space Administration

Combines two existing whistleblower provisions of DOD, NASA, and the

U.S. Coast Guard to provide protection to contractor employees.

6

(

F

4

6006

(see 6005)

Whistleblower Protections for

Contractor Employees 

of Civilian Agencies

Provides the same whistleblower protection for employees of civilian

agency contractors that is provided for contractor employees of DOD,

NASA, and the U.S. Coast Guard.

6

(

F

4

6007 Comptroller General 

Review of the 

Provision of Legal Advice 

for Inspectors General

Requires Comptroller General to review the independence of the legal

services being provided to inspectors general appointed under the

Inspector General Act of 1978 and to report on the results of the review to

Congress.

6008 Cost Savings for Official Travel Requires the GSA Administrator to issue guidelines ensuring that

agencies promote, encourage, and facilitate the use of frequent traveler

programs by federal employees to maximize cost savings for official travel

and report to Congress not later than 1 year after FASA’s enactment.

Page 62 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 49720

(Sept. 26, 1995)

FAR,

48 C.F.R. 7.103; 37.2

Technical change.

60 Fed. Reg. 37773 

(July 21, 1995)

FAR,

48 C.F.R. 3.102

(removed and reserved);

3.102-1—3.102-2

(removed); 49.603-1;

49.603-2; 49.603-3;

49.603-4; 52.203-1

(removed and reserved)

60 Fed. Reg. 37774 

(July 21, 1995)

FAR,

48 C.F.R. 3.9

60 Fed. Reg. 37774 

(July 21, 1995)

FAR,

48 C.F.R. 3.9

GAO issued Inspectors

General: Independence of

Legal Services Provided to

IGs (GAO/OGC-95-15, 

Mar. 1, 1995).

GSA Bulletin FTR 17, dated

Oct. 24, 1995, issued to

heads of federal agencies,

on promoting, encouraging,

and facilitating federal

employee use of frequent

traveler programs and

benefits (60 Fed. Reg. 55583,

Nov. 1, 1995).

Report by GSA Administrator,

dated Oct. 13, 1995, sent to

Congress.

(continued)

Page 63 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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FASA section Section title Synopsis

F

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6009 Prompt Resolution of Audit

Recommendations

Requires federal agencies to promptly resolve or take corrective action on

Office of Inspector General audit report findings within 6 months.

7101 Repeal of Certain Requirements Repeals Small Business Act provision governing priority of labor surplus

area firms in small business set-asides. Repeals provision of 

P.L. 102-484, which concerned notification of offerors of certificate of

competency requirements under 15 U.S.C. 637(b)(7).

7102 Contracting Program for Certain

Small Business Concerns

Authorizes for federal agencies certain contracting programs for small

businesses owned and controlled by socially and economically

disadvantaged individuals. These programs could include competition

restrictions and a price evaluation preference of not more than 10 percent

when evaluating qualifying offers received as a result of an unrestricted

solicitation. Program authority terminates on September 30, 2000.

7103 Extension of Test Program for

Negotiation of Comprehensive Small

Business Subcontracting Plans

Extends DOD test program for negotiation of comprehensive small

business subcontracting plans through September 30, 1998.

6

D

4

2

7104 Small Business Procurement

Advisory Council

Established the Small Business Procurement Advisory Council to develop

positions on proposed procurement regulations affecting the small

business community and to submit comments reflecting such positions to

appropriate regulatory authorities.

Page 64 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

Section 810 of Public

Law 104-106 amended

FASA section 6009 to

conform to reporting

requirements of the

Inspector General Act

of 1978. Final action on

inspector general

reports is to be

completed within 

12 months.

Action to revise OMB Circular

A-50 was delayed pending

amendment to FASA section

6009, according to an OMB

official.

60 Fed. Reg. 48258

(Sept. 18, 1995)

FAR,

48 C.F.R. Part 20

(removed and

reserved); 52.220-1

(redesignated as

52.219-2 and revised);

52.220-2—52.220-4

(removed) and

conforming

amendments

throughout the FAR.

60 Fed. Reg. 40106

(Aug. 7, 1995) (Interim

rule);

60 Fed. Reg. 61586

(Nov. 30, 1995)

(Converted to a final

rule without change.)

DFARS,

48 C.F.R. 219.602-1;

219.602-70 (removed);

252.219-7009

(removed)

FAR implementation

delayed pending

review of federal

affirmative action

programs following the

Adarand Supreme

Court decision.d

60 Fed. Reg. 35668 (July

10, 1995)

DFARS,

48 C.F.R. 219.702;

252.219-7004

The Small Business

Procurement Advisory

Council held its initial

meeting on 

Dec. 15, 1994.

(continued)

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7105 Extension of Defense Contract Goal

to Coast Guard and National

Aeronautics and Space

Administration

Extends contract goals for small disadvantaged businesses and certain

institutions of higher education to NASA and the U.S. Coast Guard.

7106 Procurement Goals for Small

Business Concerns Owned by

Women

Establishes 5-percent target procurement goals for small businesses

owned by women.

7107 Development of Definitions

Regarding Certain Small Business

Concerns

Requires OFPP Administrator to identify provisions of federal law that

define or describe certain small or minority business concerns and to

recommend uniform definitions and certification standards.

Page 66 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

Implementation in

DFARS and in NASA

and Coast Guard

(Department of

Transportation)

regulations delayed

pending review of

federal affirmative

action programs

following the Adarand

Supreme Court

decision.d

60 Fed. Reg. 48258

(Sept. 18, 1995)

FAR,

48 C.F.R. 5.002; 5.207;

5.503; 9.104-3;

14.205-1; 14.205-4;

15.705; 15.706;

15.905-1; 19.001;

19.201; 19.202-5;

19.301; 19.402; 19.7;

19.9 (removed and

reserved); 26.104;

42.302; 42.501; 42.502;

44.202-2; 44.303;

52.219-1; 52.219-8;

52.219-9; 52.219-10;

52.219-13 (removed

and reserved);

52.219-16; 53.219

OFPP met with organizations

and companies to discuss

the review and published a

request for comments from

the public on developing

uniform definitions and a

uniform certification system.

See 60 Fed. Reg. 456 

(Jan. 4, 1995).

(continued)

Page 67 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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7108 Functions of Office of Federal

Procurement Policy Relating to Small

Business

Requires OFPP Administrator to develop policies to ensure that small

businesses and small disadvantaged businesses are provided the

maximum practicable opportunity to participate in procurements below

the simplified acquisition threshold and to provide for education and

training.

7201 Acquisitions Generally Amends Walsh-Healey Act to delete requirement that contractors certify

that they are either manufacturers or regular dealers in items supplied.

Authorizes the Secretary of Labor to define by regulation the terms

“regular dealer” and “manufacturer.”

7202 Prohibition on Use of 

Funds for Documenting 

Economic or Employment 

Impact of Certain 

Acquisition Programs

Codifies prohibition on the use of appropriated funds to assist DOD

contractors in the preparation of materials, reports, lists, or analyses of the

economic effect of acquisition programs in specific states or

congressional districts.

7203 Merit-Based Award of Contracts and

Grants

Sets out statement of congressional policy that no legislation should be

enacted that requires a procurement to be made from a specified

nonfederal government source.

6

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4

7204 Maximum Practicable Opportunities

for Apprentices on Federal

Construction Projects

Sets out the sense of Congress provision stating that contractors

performing federal construction contracts should, to the maximum extent

practicable, select subcontractors participating in apprenticeship

programs and should provide maximum practicable employment

opportunities for participants or graduates of such programs.

7205 Repeal of Obsolete Provision Repeals section 308 of the Federal Property and Administrative Services

Act of 1949 (41 U.S.C. 258).

7206 Repeal of Obsolete and Redundant

Provisions of Law

Repeals policy guidance and reporting requirements of the Buy American

Act (41 U.S.C. 10b-1(g) and 41 U.S.C. 10b-2(b)). Repeals waiver study

requirement under the Trade Agreements Act (19 U.S.C. 2516).

7301 Short Title Sets out that subtitle C of title VII of FASA may be cited as the “Community

Improvement Volunteer Act of 1994.” (Long title is “ Waiver of Application

of Prevailing Wage-Setting Requirements to Volunteers.”)

Page 68 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

OFPP published a proposed

policy letter on

subcontracting plans with a

request for comments (60

Fed. Reg. 49644, Sept. 26,

1995). According to an OFPP

official, training videos are

being developed and

expected to be available in

May 1996.

60 Fed. Reg. 46553 (Sept. 7,

1995) (Proposed rule)

Department of Labor

Regulations,

41 C.F.R. 50-201; 50-206

Department of Labor is

authorized to issue

regulations but does not have

to issue them.

60 Fed. Reg. 53320

(Oct. 13, 1995)

(Proposed rule)

DFARS,

48 C.F.R. 231.205-22

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 6.302-5

Technical change.

Technical change.

Technical change.

To be implemented in

Department of Labor

regulations.

(continued)

Page 69 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

7302 Purpose Sets out statement of purpose for the Community Improvement Volunteer

Act of 1994.

7303 Waiver for Individuals 

Who Perform 

Volunteer Services for 

Public Entities

Waives application of prevailing wage-setting provisions of the

Davis-Bacon Act to volunteers offering their services to public entities to

assist in the construction, repair, or alteration of certain public buildings

funded under specified federal programs.

7304 Waiver for Individuals 

Who Perform 

Volunteer Services for 

Nonprofit Entities

Waives application of prevailing wage-setting provisions of the

Davis-Bacon Act to volunteers offering their services to nonprofit entities to

assist in the construction, repair, or alteration of certain public buildings

funded under specified federal programs.

7305 Contracts Affected Applies Community Improvement Volunteer Act of 1994 to contracts

entered into under the authority of certain specified statutes.

7306 Report Requires the Secretary of Labor to prepare and submit to Congress a

report on the use of volunteers in certain community activities involving

private for-profit entities and current barriers to such use, including the

Davis-Bacon Act.

8001 Definitions Amends the OFPP Act to add definitions of “commercial item,”

“nondevelopmental item,” “component,” and “commercial component.”

8002 Regulations on Acquisition of

Commercial Items

Requires inclusion in FAR provisions covering uniform terms and

conditions for commercial item acquisitions, market acceptance criteria,

use of firm fixed-price contracts, contract quality requirements, and the

treatment of transfers between affiliates.

8003 List of Inapplicable Laws 

in Federal Acquisition Regulation

Requires that the FAR include lists of laws that are inapplicable to

contracts and subcontracts for commercial items. Sets out that future

enacted laws will be included on the list unless the FAR Council

specifically excludes them (not applicable to laws excluded by their terms

or that provide for civil or criminal penalties).

8101 Establishment of New Chapter in

Title 10

Establishes a separate chapter in title 10 of the U.S. Code relating to

commercial items acquisitions.

Page 70 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

To be implemented in

Department of Labor

regulations.

To be implemented in

Department of Labor

regulations.

o

To be implemented in

Department of Labor

regulations.

To be implemented in

Department of Labor

regulations.

To be implemented in

Department of Labor

regulations.

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 2.101;

52.202-1

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 11.103;

12.001; 12.2; 12.3;

12.4; 12.5; 16.201;

16.301-3; 44.4; 46.102;

46.202-1; 46.709;

52.212-3; 52.212-4;

52.212-5; 52.244-6

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 12.301;12.5;

44.402; 52.244-6

Technical change.

(continued)

Page 71 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

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S

8102

(see 8201)

Relationship to Other Provisions of

Law

Incorporates by reference provisions on laws inapplicable to commercial

items (see section 8003) and provisions on exceptions to cost or pricing

data (see 10 U.S.C. 2306a(d)). Sets out that, unless specifically provided,

no provision of title 10 relating to procurement is inapplicable to

commercial items.

8103 Definitions Cross-references commercial item definitions in new title 10 chapter (see

section 8101) to commercial item definitions set out in the OFPP Act and

clarifies that commercial item provisions are applicable to NASA and the

U.S. Coast Guard.

8104

(see 8203)

Preference for Acquisition of

Commercial Items

Creates a preference for the acquisition of commercial items and other

nondevelopmental items, including both supplies and services. Sets out

guidelines for conducting preliminary market research.

8105

(see 8204)

Inapplicability of Certain Provisions

of Law

Lists laws directly inapplicable to contracts for acquisitions of commercial

items.

8106 Presumption That Technical Data

Under Contracts for Commercial

Items Are Developed Exclusively at

Private Expense

Adds presumption that, for the purposes of 10 U.S.C. 2320 (technical

data) and 10 U.S.C. 2321 (validation of proprietary data restrictions),

commercial items have been developed exclusively at private expense.

6

(

D

4

2

8201

(see 8102)

Relationship to Other Provisions of

Law

Incorporates by reference provisions on laws inapplicable to commercial

items (see section 8003). Sets out that unless specifically provided, no

provision of title 41 relating to procurement is inapplicable to commercial

items.

Page 72 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 12.5

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 2.101;

52.202-1

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 7.102; 7.103;

10.001; 10.002; 11.002;

11.101; 12.101; 12.102;

12.202; 44.402;

52.244-6

60 Fed. Reg. 48272

(Sept. 18, 1995)

FAR,

48 C.F.R. 28.106-4;

28.106-6; 32.1

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 3.404;

3.503-2; 12.503;

12.504; 52.203-6

60 Fed. Reg. 61586

(Nov. 30, 1995) (Interim

rule)

DFARS,

48 C.F.R. 212.503;

212.504

60 Fed. Reg. 33464

(June 28, 1995)

DFARS,

48 C.F.R. 227.7102;

252.227-7037

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR, 

48 C.F.R. 12.211

60 Fed. Reg. 61586

(Nov. 30, 1995) (Interim

rule)

DFARS 

48 C.F.R. 252.227-7037

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 12.5

(continued)

Page 73 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

p

S

8202 Definitions Cross-references terms used to refer to commercial items in civilian

agency acquisitions to definitions for these terms set out in the OFPP Act.

8203

(see 8104)

Preference for Acquisition of

Commercial Items

Creates a preference for the acquisition of commercial items and other

nondevelopmental items, including both supplies and services. Sets out

guidelines for conducting preliminary market research.

8204

(see 8105)

Inapplicability of Certain Provisions

of Law

Lists laws directly inapplicable to contracts for acquisitions of commercial

items.

8301 (except (e)) Inapplicability of Certain Provisions

of Law

Lists laws directly inapplicable to contracts for acquisitions of commercial

items.

8301(e) Inapplicability of Certain Provisions

of Law

Excludes contractors competing for commercial item contracts from

certain Procurement Integrity Act certification requirements.

6

(

F

4

5

Page 74 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 2.101;

52.202-1

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 7.102; 7.103;

10.001; 10.002; 11.002;

11.101; 12.101; 12.102;

12.202; 44.402;

52.244-6

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 3.404;

3.503-2; 12.503;

12.504; 52.203-6

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 3.502-2;

3.502-3; 12.503;

12.504; 22.305; 23.104;

23.501; 47.405

In a memorandum

dated Dec. 18, 1995,

the Chairman of the

Cost Accounting

Standards Board

notified federal

procuring agencies

that the Board

delegated the authority

to waive the application

of cost accounting

standards to individual

firm fixed-price

contracts for the

acquisition of

commercial items,

when cost or pricing

data is not obtained.

60 Fed. Reg. 37773 

(July 21, 1995)

FAR,

48 C.F.R.3.104-9;

52.203-8; 52.203-9

(continued)

Page 75 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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Analysis of Implementation of 

FASA Sections

FASA section Section title Synopsis

F

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8302 Flexible Deadlines for Submission of

Offers of Commercial Items

Requires OFPP Administrator to prescribe regulations defining limited

circumstances in which flexible deadlines can be used under section 18

of the OFPP Act for submitting bids or proposals for the procurement of

commercial items.

8303 Additional Responsibilities for

Advocates for Competition

Gives the additional responsibilities of promoting the acquisition of

commercial and nondevelopmental items, and challenging barriers to

such acquisition, to competition advocates for each procuring activity.

8304 Provisions Not Affected Lists certain provisions of law not affected by the commercial items

provisions in title VIII of FASA, so that these laws continue to be applicable.

8305 Comptroller General 

Review of Federal 

Government Use of Market Research

Requires the Comptroller General to report to Congress on the use of

market research by the federal government in the support of procurement

of commercial and nondevelopmental items.

9001-9004 Title IX—Federal 

Acquisition Computer 

Network

Sets out provisions outlining FACNET architecture and governmentwide

implementation. Requires GAO to identify and report on classes of

contracts unsuitable for acquisition through FACNET.

10001 Effective Date and Applicability Sets out that amendments made by FASA would take effect on the date

provided in final implementing regulations or October 1, 1995, whichever

was earlier. Section 10001 also lists a series of sections immediately

applicable on and after the date of FASA enactment.

10002 Implementing Regulations Establishes schedule for promulgation of FASA implementing regulations.

10003 Evaluation by the Comptroller

General

Requires Comptroller General to evaluate and report to Congress on the

issuance and implementation of FASA regulations.

10004 Data Collection Through 

the Federal Procurement 

Data System

Specifies certain data to be collected through the Federal Procurement

Data System for acquisitions in excess of the simplified acquisition

threshold.

6

(

F

4

10005 Technical and Clerical Amendments Sets out miscellaneous technical and clerical amendments to permanent

laws affected by amendments made by FASA.

Page 76 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

Implementation

Final regulation

published by

September 8, 1995

Final regulation

published by

October 1, 1995

Proposed regulation

published by

October 1, 1995 Other

No regulatory

implementation required

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 5.203; 12.205

60 Fed. Reg. 48231

(Sept. 18, 1995)

FAR,

48 C.F.R. 6.502

e.

No action required.a

GAO must submit report to

Congress in 1996.

60 Fed. Reg. 34741

(July 3, 1995) (Interim

rule)

FAR,

48 C.F.R. 4.5

GAO must submit

report to OFPP

Administrator and

Congress by 1997.

No action required.b

No action required.b

GAO must submit reports to

Congress.

60 Fed. Reg. 42652

(Aug. 16, 1995)

FAR,

48 C.F.R. 4.601

60 Fed. Reg. 48258

(Sept. 18, 1995)

48 C.F.R. 4.602; 4.603;

52.204-5

Federal Procurement

Data System Reporting

Manual issued in Oct.

1995. Manual was

prepared by GSA for

OFPP.

Technical change.

Page 77 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix II 

Analysis of Implementation of 

FASA Sections

aThis FASA section was assigned to a regulation drafting team by the FAR Council’s special

project to implement FASA for implementation in the FAR. The drafting team subsequently

determined that no regulatory implementation action was required.

bNo regulatory implementation action by any federal agency was required.

cThis FASA section was assigned to a regulation drafting team by the FAR Council’s special

project to implement FASA for implementation in the Defense Federal Acquisition Regulation

Supplement. The team subsequently determined that no regulatory implementation action was

required.

dThe Supreme Court’s decision in Adarand Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995), set

forth a new standard for evaluating the constitutionality of race-based affirmative action programs,

and the President directed on July 19, 1995, that executive agencies review affirmative action

programs under that standard.

Page 78 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix III 

Scope and Methodology

To determine whether all necessary regulations were issued, we first

undertook a detailed reading of all FASA statutory provisions and legislative

history. We obtained FASA implementation plans from the Federal

Acquisition Regulatory Council and the Under Secretary of Defense

(Acquisition and Technology) that were established specifically for

promulgating FAR revisions and for defense-unique implementation. We

discussed these plans with project managers and officials of the regulatory

councils. We interviewed team leaders and team legal advisers responsible

for FAR revisions to discuss the steps they took to determine regulatory

coverage, and we reviewed the FAR drafting teams’ methodology for

identifying necessary revisions.

We documented that regulations were issued by extracting information

from the Federal Register, and we analyzed in detail how FAR revisions

were structured to implement each FASA section. In some instances, we

conducted computerized key word searches of the Code of Federal

Regulations to (1) determine whether coverage relating to a particular FASA

section already existed and should be revised or (2) review regulatory

drafting teams’ determinations that FASA sections assigned to them did not

require regulatory implementation. We followed up with the drafting

teams to confirm our results. We followed similar steps for non-FAR

regulations. In addition, we documented actions taken to implement FASA

other than issuing regulations.

In addition to the above steps, we performed an in-depth legal review of

seven of the FAR revisions that had public meetings. We reviewed the

regulations and available drafting team reports to determine whether the

regulations were consistent with the provisions and purposes of FASA and

its legislative history and to identify the major issues that arose in the

promulgation of the regulation.

To determine compliance with FASA’s publishing deadlines and

requirements for 60-day comment periods, we reviewed the Federal

Register and documented publication dates for proposed, interim, and

final regulations and the period allowed for submitting public comments.

We evaluated the executive branch efforts to ensure that the regulations

are concise and easily understandable by potential offerors as well as by

government officials.

We conducted our work between November 1994 and March 1996 in

accordance with generally accepted government auditing standards. Since

Page 79 GAO/NSIAD-96-139 Regulatory Implementation of FASA
Appendix III 

Scope and Methodology

the latest date that all of FASA’s provisions were applicable to government

acquisitions was October 1, 1995, we used that date for reporting on the

status of implementing regulations. However, we included updates

through March 1996. Although our report is due not later than 180 days

after final revisions to the FAR have been issued, we are reporting based on

the majority having been issued. Several final revisions to the FAR had not

been published as of March 1996.

(705091) Page 80 GAO/NSIAD-96-139 Regulatory Implementation of FASA
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