[Federal Register Volume 65, Number 109 (Tuesday, June 6, 2000)]
[Rules and Regulations]
[Page 36014]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-13817]



[[Page 36014]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 9, 15, 22, 35, 37, and 42

[FAC 97-18; FAR Case 2000-605; Item I]
RIN 9000-AI80


Federal Acquisition Regulation; Rescission of Office of Federal 
Procurement Policy Letters

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition and the Defense Acquisition 
Regulations Council (Councils) have agreed on a final rule amending the 
Federal Acquisition Regulation (FAR) to make editorial amendments that 
remove unnecessary cross-references to policy letters that were 
rescinded by the Office of Federal Procurement Policy (OFPP).

DATES: Effective Date: June 6, 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 
97-18, FAR case 2000-605.

SUPPLEMENTARY INFORMATION:

A. Background

    OFPP published a notice in the Federal Register at 65 FR 16968, 
March 30, 2000, that rescinded 22 OFPP policy letters. The rescission 
of these 22 policy letters reflected OFPP's conclusion that the Federal 
Acquisition Regulation (FAR) contains the current policies. Any 
policies embodied in OFPP policy letters rescinded by the notice that 
are not reflected in the FAR either have been superseded by subsequent 
statutory changes or are otherwise no longer necessary. The OFPP 
Federal Register notice rescinded OFPP Policy Letters 77-2, 78-2, 78-3, 
78-4, 79-1, 79-2, 80-3, 80-6, 80-8, 81-1, 81-2, 82-1, 83-1, 83-2, 83-3, 
84-1, 85-1, 89-1, 91-2, 91-4, 92-5, and 95-1. Although the notice 
required no substantive FAR change, cross-references in the FAR to 
those rescinded policy letters are no longer necessary or appropriate. 
This final rule makes editorial amendments to the FAR to remove those 
cross-references.
    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 Council will consider 
comments from small entities concerning the affected FAR subparts 1, 9, 
15, 22, 35, 37, and 42 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 97-18, FAR case 2000-605), 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 1, 9, 15, 22, 35, 37, and 42

    Government procurement.

    Dated: May 26, 2000.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 9, 15, 22, 35, 
37, and 42 as set forth below:
    1. The authority citation for 48 CFR parts 1, 9, 15, 22, 35, 37, 
and 42 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 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

    2. In section 1.103, revise paragraph (a) to read as follows:


1.103  Authority.

    (a) The development of the FAR System is in accordance with the 
requirements of the Office of Federal Procurement Policy Act of 1974 
(Pub. L. 93-400), as amended by Pub. L. 96-83.
* * * * *

PART 9--CONTRACTOR QUALIFICATIONS

    3. In section 9.500, revise paragraph (c) to read as follows:


9.500  Scope of subpart.

* * * * *
    (c) Implements section 8141 of the 1989 Department of Defense 
Appropriation Act, Pub. L. 100-463, 102 Stat. 2270-47 (1988).

PART 15--CONTRACTING BY NEGOTIATION


15.304  [Amended]

    4. In section 15.304, amend paragraph (c)(3)(iv) by removing 
``(OFPP Policy Letter 92-5)''.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1101  [Amended]

    5. Amend section 22.1101 by removing the second, third, and fourth 
sentences.

PART 35--RESEARCH AND DEVELOPMENT CONTRACTING


35.000  [Amended]

    6. Amend section 35.000 by removing paragraph (c).

PART 37--SERVICE CONTRACTING

    7. Amend section 37.503 by revising paragraph (c) to read as 
follows:


37.503  Agency-head responsibilities.

* * * * *
    (c) Specific procedures are in place before contracting for 
services to ensure compliance with OFPP Policy Letter 92-1, Inherently 
Governmental Functions; and
* * * * *


37.600  [Amended]

    8. Amend section 37.600 by removing the last sentence.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES


42.002  [Amended]

    9. Amend section 42.002 in paragraph (a) by removing the 
parenthetical at the end of the sentence.


42.1500  [Amended]

    10. Amend section 42.1500 by removing the second sentence.

[FR Doc. 00-13817 Filed 6-1-00; 3:58 pm]
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