Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 36015

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1 and 52

[FAC 97–18; FAR Case 1999–610; Item II]

RIN 9000–AI66

Federal Acquisition Regulation; FAR

Drafting Principles

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 add FAR drafting

principles to enhance a common

understanding of the regulation among

all members of the acquisition team and

other users.

DATES: Effective Date: August 7, 2000.

Applicability Date: The FAR, as

amended by this rule, is applicable to

solicitations issued on or after August 7,

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.

Ralph De Stefano, Procurement Analyst,

at (202) 501–1758. Please cite FAC 97–

18, FAR case 1999–610.

SUPPLEMENTARY INFORMATION:

A. Background

The final rule amends FAR Parts 1

and 52 to enhance a common

understanding of how the FAR is

drafted. The final rule adds FAR 1.108

and amends 1.105–2, 52.101, 52.104,

52.105, and 52.200 to reflect current

FAR drafting conventions.

DoD, GSA, and NASA published a

proposed rule in the Federal Register on

January 26, 2000 (65 FR 4346). Three

respondents provided public comments.

The Councils considered all the

comments in the development of the

final rule. The final rule revises the

proposed rule as follows:

• FAR 1.108(d)(2) to clarify that

contracting officers must not award or

modify contracts to include the FAR

change until the effective date of the

FAR change.

• FAR 1.108(e) to include Executive

orders, Office of Management and

Budget policy letters, and Code of

Federal Regulations citations.

• Editorial changes throughout for

clarity.

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 Department of Defense, the

General Services Administration, and

the National Aeronautics and Space

Administration certify that this final

rule will not have a significant

economic impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601, et seq., because the

rule only addresses drafting principles

and does not impose any additional

requirements on Government offerors or

contractors. We did not receive any

comments regarding this determination

as a result of publication of the

proposed rule in the Federal Register on

January 26, 2000 (65 FR 4346).

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 and

52

Government procurement.

Dated: May 26, 2000.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, DoD, GSA, and NASA

amend 48 CFR parts 1 and 52 as set

forth below:

1. The authority citation for 48 CFR

parts 1 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 1—FEDERAL ACQUISITION

REGULATIONS SYSTEM

2. Amend section 1.105–2 by revising

paragraphs (a) and (b)(2) to read as

follows:

1.105–2 Arrangement of regulations.

(a) General. The FAR is divided into

subchapters, parts (each of which covers

a separate aspect of acquisition),

subparts, sections, and subsections.

(b) * * *

(2) Subdivisions below the section or

subsection level consist of parenthetical

alpha numerics using the following

sequence: (a)(1)(i)(A)(1)(i).

* * * * *

3. Add section 1.108 to read as

follows:

1.108 FAR conventions.

The following conventions provide

guidance for interpreting the FAR:

(a) Words and terms. Definitions in

Part 2 apply to the entire regulation

unless specifically defined in another

part, subpart, section, provision, or

clause. Words or terms defined in a

specific part, subpart, section,

provision, or clause have that meaning

when used in that part, subpart, section,

provision, or clause. Undefined words

retain their common dictionary

meaning.

(b) Delegation of authority. Each

authority is delegable unless specifically

stated otherwise (see 1.102–4(b)).

(c) Dollar thresholds. Unless

otherwise specified, a specific dollar

threshold for the purpose of

applicability is the final anticipated

dollar value of the action, including the

dollar value of all options. If the action

establishes a maximum quantity of

supplies or services to be acquired or

establishes a ceiling price or establishes

the final price to be based on future

events, the final anticipated dollar value

must be the highest final priced

alternative to the Government,

including the dollar value of all options.

(d) Application of FAR changes to

solicitations and contracts. Unless

otherwise specified—

(1) FAR changes apply to solicitations

issued on or after the effective date of

the change;

(2) Contracting officers may, at their

discretion, include the FAR changes in

solicitations issued before the effective

date, provided award of the resulting

contract(s) occurs on or after the

effective date; and

(3) Contracting officers may, at their

discretion, include the changes in any

existing contract with appropriate

consideration.

(e) Citations. When the FAR cites a

statute, Executive order, Office of

Management and Budget circular, Office

of Federal Procurement Policy policy

letter, or relevant portion of the Code of

Federal Regulations, the citation

includes all applicable amendments,

unless otherwise stated.

(f) Imperative sentences. When an

imperative sentence directs action, the

contracting officer is responsible for the

action, unless another party is expressly

cited.

36016 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

4. Amend section 52.101 in paragraph

(a) by revising the definition

‘‘Substantially as follows’’; and by

revising paragraph (d) to read as

follows:

52.101 Using Part 52.

(a) * * *

Substantially as follows or

substantially the same as, when used in

the prescription of a provision or clause,

means that authorization is granted to

prepare and utilize a variation of that

provision or clause to accommodate

requirements that are peculiar to an

individual acquisition. Any variation

must include the salient features of the

FAR provision or clause, and must be

consistent with the intent, principle,

and substance of the FAR provision or

clause or related coverage of the subject

matter.

* * * * *

(d) Introductory text. Within Subpart

52.2, the introductory text of each

provision or clause includes a crossreference to the location in the FAR

subject text that prescribes its use.

* * * * *

5. Amend section 52.104 by revising

paragraph (a) to read as follows:

52.104 Procedures for modifying and

completing provisions and clauses.

(a) The contracting officer must not

modify provisions and clauses unless

the FAR authorizes their modification.

For example—

(1) ‘‘The contracting officer may use a

period shorter than 60 days (but not less

than 30 days) in paragraph (x) of the

clause’’; or

(2) ‘‘The contracting officer may

substitute the words ‘task order’ for the

word ‘Schedule’ wherever that word

appears in the clause.’’

* * * * *

6. Amend section 52.105 by revising

paragraph (a) to read as follows:

52.105 Procedures for using alternates.

(a) The FAR accommodates a major

variation in a provision or clause by use

of an alternate. The FAR prescribes

alternates to a given provision or clause

in the FAR subject text where the

provision or clause is prescribed. The

alternates to each provision or clause

are titled ‘‘Alternate I,’’ ‘‘Alternate II,’’

‘‘Alternate III,’’ etc.

* * * * *

7. Revise section 52.200 to read as

follows:

52.200 Scope of subpart.

This subpart sets forth the text of all

FAR provisions and clauses (see

52.101(b)(1)) and gives a cross-reference

to the location in the FAR that

prescribes the provision or clause.

[FR Doc. 00–13818 Filed 6–1–00; 3:59 pm]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 2, 4, 7, 11, 13, 23, and 52

[FAC 97–18; FAR Case 1998–015 (98–015);

Item III]

RIN 9000–AI49

Federal Acquisition Regulation;

Requirements Supporting

Procurement of Recycled Products

and Environmentally Preferable

Services

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

Executive Order (E.O.) 13101, Greening

the Government through Waste

Prevention, Recycling, and Federal

Acquisition, dated September 14, 1998.

DATES: Effective Date: August 7, 2000.

Applicability Date: The FAR, as

amended by this rule, is applicable to

solicitations issued on or after August 7,

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 97–18, FAR

case 1998–015.

SUPPLEMENTARY INFORMATION:

A. Background

DoD, GSA, and NASA published a

proposed rule in the Federal Register at

64 FR 51656, September 23, 1999. Seven

respondents provided public comments.

We considered all comments in

finalizing the rule.

This rule amends the FAR to

implement E.O. 13101. The rule amends

guidance in FAR Subpart 7.1, 11.002(d),

Subpart 23.4, Subpart 23.7, and the FAR

clauses at 52.223–9 and 52.223–10 to

conform with E.O. 13101 and the

Resource Conservation and Recovery

Act. The rule—

• Revises FAR Subpart 7.1 to ensure

that requirements for printing and

writing paper meet minimum content

requirements specified in the E.O.;

• Revises Subpart 11.3 to add

definitions and special requirements to

implement E.O. requirements and

Environmental Protection Agency (EPA)

regulations governing acquisitions of

printing and writing paper, and to

clarify that contracting officers may

include in solicitations additional

information requirements when needed

to determine if the offeror’s product

meets requirements for recycled content

or related standards;

• Clarifies in Part 13 how the

procurement requirements of the

Resource Conservation and Recovery

Act, 42 U.S.C. 6962, apply to micropurchases and acquisitions that do not

exceed $100,000; and

• Reorganizes and revises Subparts

23.4 and 23.7 and associated clauses.

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 Regulatory Flexibility Act, 5

U.S.C. 601 et seq. applies to this final

rule. Interested parties may obtain a

copy of the a Final Regulatory

Flexibility Analysis (FRFA) from the

FAR Secretariat.

The Councils’ prepared FRFA is

summarized as follows:

The objective of the rule is to improve the

Government’s use of recycled products and

environmentally preferable products and

services. E.O. 13101 requires revision of the

Federal Acquisition Regulation to prescribe

policies for the acquisition and use of

environmentally preferable products and

services through procurement preference

programs favoring the purchase of these

products and services. The rule primarily

affects the internal operating procedures of

Government agencies. The provisions

affecting small entities are the requirements

at FAR 23.705, 52.223–9, and 52.223–10.

These provisions of the rule will apply to all

Government contractors, both large and small

businesses.

The FAR Secretariat has submitted a

copy of the FRFA to the Chief Counsel

for Advocacy of the Small Business

Administration.