Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations 24321

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council

(Councils) have agreed on a final rule

amending the Federal Acquisition

Regulation (FAR) to implement Sections

803 and 808 of the Strom Thurmond

National Defense Authorization Act for

Fiscal Year 1999 (Pub. L. 105–261).

DATES: Effective Date: April 25, 2000.

Applicability Date: The FAR, as

amended by this rule, is applicable to

solicitations issued on or after April 25,

2000.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC, 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Mr.

Jeremy Olson at (202) 501–0692. Please

cite FAC 97–17, FAR case 1998–300.

SUPPLEMENTARY INFORMATION:

A. Background

The Councils initiated this case to

implement Sections 803 and 808 of the

Strom Thurmond National Defense

Authorization Act for Fiscal Year 1999

(Pub. L. 105–261) as follows:

(a) Section 803 of Public Law 105–

261. (1) Paragraphs (a)(2)(A) through

(a)(2)(C) of Section 803 of Pub. L. 105–

261 require that the FAR provide

specific guidance concerning—

(i) The appropriate application and

precedence of various price analysis

tools;

(ii) The circumstances under which

contracting officers should require

offerors of exempt commercial items to

provide information other than cost or

pricing data; and

(iii) The role and responsibility of

support organizations in determining

price reasonableness.

(2) Paragraph (a)(2)(D) of Section 803

is not implemented under this case.

(b) Section 808 of Public Law 105–

261. Section 808 of Public Law 105–261

requires amending the FAR to—

(1) Clarify procedures associated with

obtaining information other than cost or

pricing data;

(2) Establish that offerors who fail to

comply with requirements to provide

the information shall be ineligible for

award; and

(3) Establish exceptions, as

appropriate.

The Councils published an interim

rule in the Federal Register on

September 24, 1999 (64 FR 51828). Five

respondents submitted comments in

response to the interim rule. The

Councils considered all comments in

the development of the final rule.

This rule was not subject to Office of

Management and Budget review under

Section 6(b) of Executive Order 12866,

Regulatory Planning and Review, dated

September 30, 1993. This rule is not a

major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

The Councils prepared a Final

Regulatory Flexibility Analysis (FRFA)

consistent with 5 U.S.C. 604. Interested

parties may obtain a copy of the FRFA

from the FAR Secretariat. The FRFA is

summarized as follows:

The primary objective of this rule is to

provide guidance on determining price

reasonableness and commerciality, and to

specify that offerors failing to comply with a

requirement to provide certain information

other than cost or pricing data are ineligible

for award. There were no issues raised by the

public in response to the Initial Regulatory

Flexibility Analysis. The rule will apply to

all offerors, large or small, that respond to

solicitations for commercial items for which

information other than cost or pricing data is

required. Few, if any, offerors are expected to

fail to comply with the requirements to

provide information other than cost or

pricing data. The rule does not impose any

new reporting or recordkeeping

requirements. There are no significant

alternatives to the rule that would

accomplish the stated objectives yet further

reduce impact on small entities. The rule

includes only FAR text revisions required to

implement the statute cited herein.

The FAR Secretariat has submitted a

copy of the FRFA to the Chief Counsel

for Advocacy of the Small Business

Administration.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose information

collection requirements that require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

List of Subjects in 48 CFR Parts 12, 13,

and 15

Government procurement.

Dated: April 13, 2000.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With

Change

Accordingly, DoD, GSA, and NASA

adopt the interim rule amending 48 CFR

parts 12, 13, and 15, which was

published in the Federal Register on

September 24, 1999 (64 FR 51828), as a

final rule with the following change:

PART 15—CONTRACTING BY

NEGOTIATION

1. The authority citation for 48 CFR

parts 12, 13, and 15 continues to read

as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

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

15.403–3 [Amended]

2. Amend section 15.403–3 at the end

of paragraph (c)(1) by removing ‘‘(see

15.403–3(a)(1))’’ and adding ‘‘(see

15.404–1)’’ in its place.

[FR Doc. 00–10132 Filed 4–24–00; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 25 and 52

[FAC 97–17; FAR Case 2000–003; Item III]

RIN 9000–AI73

Federal Acquisition Regulation;

Caribbean Basin Trade Initiative

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council

(Councils) have agreed on a final rule

amending the Federal Acquisition

Regulation (FAR) to implement the

determination of the United States

Trade Representative (USTR) to renew

the treatment of Caribbean Basin

country end products as eligible

products under the Trade Agreements

Act, with the exception of end products

from the Dominican Republic and

Honduras.

DATES: Effective Date: April 25, 2000.

Applicability Date: The FAR, as

amended by this rule, is applicable to

solicitations issued on or after April 25,

2000.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC, 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Mr. Paul

Linfield, Procurement Analyst, at (202)

501–1757. Please cite FAC 97–17, FAR

case 2000–003.

SUPPLEMENTARY INFORMATION:

A. Background

The USTR published a notice in the

Federal Register at 65 FR 9038,

February 23, 2000, renewing the

treatment of Caribbean Basin country

24322 Federal Register / Vol. 65, No. 80 / Tuesday, April 25, 2000 / Rules and Regulations

end products as eligible products under

the Trade Agreements Act, with the

exception of the end products from the

Dominican Republic and Honduras.

This rule implements that

determination. The prior determination

expired September 30, 1999, except that

the determination regarding the end

products of Panama extended until

September 30, 2000.

This rule was not subject to Office of

Management and Budget review under

Section 6(b) of Executive Order 12866,

Regulatory Planning and Review, dated

September 30, 1993. This rule is not a

major rule under 5 U.S.C. 804.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. However, the

Councils will consider comments from

small entities concerning the affected

FAR parts in accordance with 5 U.S.C.

610. Interested parties must submit such

comments separately and should cite 5

U.S.C. 601, et seq. (FAC 97–17, FAR

case 2000–003), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose information

collection requirements that require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

List of Subjects in 48 CFR Parts 25 and

52

Government procurement.

Dated: April 13, 2000.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, DoD, GSA, and NASA

amend 48 CFR parts 25 and 52 as set

forth below:

1. The authority citation for 48 CFR

parts 25 and 52 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

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

PART 25—FOREIGN ACQUISITION

2. Revise the definition ‘‘Caribbean

Basin country’’ in section 25.003 to read

as follows:

25.003 Definitions.

* * * * *

Caribbean Basin country means any of

the following countries: Antigua and

Barbuda, Aruba, Bahamas, Barbados,

Belize, British Virgin Islands, Costa

Rica, Dominica, El Salvador, Grenada,

Guatemala, Guyana, Haiti, Jamaica,

Montserrat, Netherlands Antilles,

Nicaragua, Panama, St. Kitts and Nevis,

St. Lucia, St. Vincent and the

Grenadines, Trinidad and Tobago.

* * * * *

3. In section 25.400, revise paragraph

(a)(2) to read as follows:

25.400 Scope of subpart.

(a) * * *

(2) The Caribbean Basin Trade

Initiative (the determination of the U.S.

Trade Representative that end products

granted duty-free entry from countries

designated by the President as

beneficiaries under the Caribbean Basin

Economic Recovery Act (19 U.S.C. 2701,

et seq.), with the exception of the

Dominican Republic and Honduras,

must be treated as eligible products

under the Trade Agreements Act);

* * * * *

4. Revise section 25.404 to read as

follows:

25.404 Caribbean Basin Trade Initiative.

Under the Caribbean Basin Trade

Initiative, the United States Trade

Representative has determined that, for

acquisitions subject to the Trade

Agreements Act, Caribbean Basin

country end products must be treated as

eligible products. This determination is

effective until September 30, 2000. The

U.S. Trade Representative may extend

these dates through a document in the

Federal Register.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

52.225–5 [Amended]

5. Amend section 52.225–5 by

revising the date of the clause to read

‘‘(APR 2000)’’; and in paragraph (a), in

the definition ‘‘Caribbean Basin

country’’, by removing ‘‘Dominican

Republic,’’ and ‘‘Honduras,’’.

[FR Doc. 00–10133 Filed 4–24–00; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 26 and 52

[FAC 97–17; FAR Case 1999–301 (99–301);

Item IV]

RIN 9000–AI52

Federal Acquisition Regulation;

Utilization of Indian Organizations and

Indian-Owned Economic Enterprises

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council

(Councils) have agreed on a final rule

amending the Federal Acquisition

Regulation (FAR) to delete DoD-unique

language pertaining to incentive

payments made to prime contractors for

the utilization of Indian organizations

and Indian-owned economic

enterprises.

DATES: Effective Date: June 26, 2000.

Applicability Date: The FAR, as

amended by this rule, is applicable to

solicitations issued on or after June 26,

2000.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755, for information pertaining to

status or publication schedules. For

clarification of content, contact Ms.

Victoria Moss, Procurement Analyst, at

(202) 501–4764. Please cite FAC 97–17,

FAR case 1999–301.

SUPPLEMENTARY INFORMATION:

A. Background

DoD, GSA, and NASA published a

proposed rule in the Federal Register on

October 27, 1999 (64 FR 57964). Six

sources submitted comments in

response to the proposed rule. The

Councils considered all comments in

the development of the final rule.

Section 504 of the Indian Financing

Act of 1974 (25 U.S.C. 1544) established

the Indian Incentive Program. Annual

DoD appropriations acts have restricted

DoD payments under the Program to

those contractors that submitted

subcontracting plans pursuant to 15

U.S.C. 637(d) and those contractors

participating in the test program for

comprehensive small business