36014 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

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.

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letters that were rescinded by the Office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30, 2000, that rescinded 22 OFPP policy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letters rescinded by the notice that are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been superseded by subsequent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Register notice rescinded OFPP Policy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those rescinded policy letters are no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 crossreferences.

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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