36030 Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations

Appendix)), unless the clause

prescribed in paragraph (c) of this

subsection is used.

* * * * *

3. Revise section 30.201–5 to read as

follows:

30.201–5 Waiver.

(a) The head of the agency—

(1) May waive the applicability of

CAS for a particular contract or

subcontract under the conditions listed

in paragraph (b) of this subsection; and

(2) Must not delegate this waiver

authority to any official in the agency

below the senior contract policymaking

level.

(b) The head of the agency may grant

a waiver when one of the following

conditions exists:

(1) The contract or subcontract value

is less than $15,000,000, and the head

of the agency determines, in writing,

that the segment of the contractor or

subcontractor that will perform the

contract or subcontract—

(i) Is primarily engaged in the sale of

commercial items; and

(ii) Has no contracts or subcontracts

that are subject to CAS.

(2) The head of the agency determines

that exceptional circumstances exist

whereby a waiver of CAS is necessary

to meet the needs of the agency.

Exceptional circumstances exist only

when the benefits to be derived from

waiving the CAS outweigh the risk

associated with the waiver. The

determination that exceptional

circumstances exist must—

(i) Be set forth in writing; and

(ii) Include a statement of the specific

circumstances that justify granting the

waiver.

(c) When one of the conditions in

paragraph (b) of this subsection exists,

the request for waiver should include

the following:

(1) The amount of the proposed

award.

(2) A description of the contract or

subcontract type (e.g., firm-fixed-price,

cost-reimbursement).

(3) Whether the segment(s) that will

perform the contract or subcontract has

CAS-covered contracts or subcontracts.

(4) A description of the item(s) being

procured.

(5) When the contractor or

subcontractor will not accept the

contract or subcontract if CAS applies,

a statement to that effect.

(6) Whether cost or pricing data will

be obtained, and if so, a discussion of

how the data will be used in negotiating

the contract or subcontract price.

(7) The benefits to the Government of

waiving CAS.

(8) The potential risk to the

Government of waiving CAS.

(9) The date by which the waiver is

needed.

(10) Any other information that may

be useful in evaluating the request.

(d) When neither of the conditions in

paragraph (b) of this subsection exists,

the waiver request must be prepared in

accordance with 48 CFR 9903.201–5(e)

(FAR Appendix) and submitted to the

CAS Board.

(e) Each agency must report any

waivers granted under paragraph (a) of

this subsection to the CAS Board, on a

fiscal year basis, not later than 90 days

after the close of the Government’s fiscal

year.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

4. Amend section 52.230–1 by—

a. Revising the date of the provision;

b. In the first sentence of paragraph

(c)(3) by removing the phrase ‘‘more

than $25 million (of which at least one

award exceeded $1 million)’’ and

adding ‘‘$50 million or more’’ in its

place;

c. In paragraph (c)(4)—

(i) In the ‘‘Caution’’ paragraph, by

removing ‘‘$25 million’’ and adding

‘‘$50 million’’ in its place;

(ii) At ‘‘II. Cost Accounting

Standards—Eligibility for Modified

Contract Coverage,’’ in the second

paragraph, by revising the first sentence;

and

(iii) In the ‘‘Caution’’ paragraph

following paragraph II by removing

‘‘$25 million’’ each time it is used

(twice) and adding ‘‘$50 million’’ in

their places. The revised text reads as

follows:

52.230–1 Cost Accounting Standards

Notices and Certification.

* * * * *

COST ACCOUNTING STANDARDS

NOTICES AND CERTIFICATION (JUNE

2000)

* * * * *

(c) * * *

(4) * * *

II. Cost Accounting Standards—Eligibility

for Modified Contract Coverage

* * * * *

b The offeror hereby claims an exemption

from the Cost Accounting Standards clause

under the provisions of 48 CFR 9903.201–

2(b) and certifies that the offeror is eligible

for use of the Disclosure and Consistency of

Cost Accounting Practices clause because

during the cost accounting period

immediately preceding the period in which

this proposal was submitted, the offeror

received less than $50 million in awards of

CAS-covered prime contracts and

subcontracts.

* * * * *

[FR Doc. 00–13824 Filed 6–1–00; 4:02 pm]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 3, 5, 47, and 49

[FAC 97–18; Item IX]

Federal Acquisition Regulation;

Technical Amendments

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Technical amendments.

SUMMARY: This document makes

amendments to the Federal Acquisition

Regulation in order to update references

and make editorial changes.

EFFECTIVE DATE: June 6, 2000.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755.

List of Subjects in 48 CFR parts 3, 5, 47,

and 49

Government procurement.

Dated: May 26, 2000.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, DoD, GSA, and NASA

amend 48 CFR parts 3, 47, and 49 as set

forth below:

1. The authority citation for 48 CFR

parts 3, 47, and 49 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 3—IMPROPER BUSINESS

PRACTICES AND PERSONAL

CONFLICTS OF INTEREST

3.303 [Amended]

2. Amend section 3.303 in the first

sentence of paragraph (a) by removing

‘‘41 U.S.C. 253(B)(e) and 10 U.S.C.

2305(b)(5)’’ and adding ‘‘41 U.S.C.

253b(i) and 10 U.S.C. 2305(b)(9)’’ in its

place.

PART 5—PUBLICIZING CONTRACT

ACTIONS

3. Revise the last sentence of section

5.204 to read as follows:

Federal Register / Vol. 65, No. 109 / Tuesday, June 6, 2000 / Rules and Regulations 36031

5.204 Presolicitation notices.

* * * Synopsizing of a proposed

contract action is required prior to

issuance of any resulting solicitation

(see 5.201 and 5.203).

PART 47—TRANSPORTATION

47.504 [Amended]

4. In section 47.504, amend the first

sentence of paragraph (e) by removing

‘‘(see 12.504(a)(13))’’ and adding ‘‘(see

12.504(a)(11))’’ in its place.

PART 49—TERMINATION OF

CONTRACTS

5. Remove ‘‘19...’’ and add ‘‘20l’’ in

the following places:

a. Section 49.601–1 in paragraphs (a)

and (b); and

b. Section 49.601–2 in paragraph (a)

of the Notice of Termination to Prime

Contractors; in paragraph (i) in the

Acknowledgment of Notice; and in

paragraph (a) of the Alternate notice.

[FR Doc. 00–13825 Filed 6–1–00; 4:02 pm]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Regulation; Small

Entity Compliance Guide

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Small Entity Compliance Guide.

SUMMARY: This document is issued

under the joint authority of the

Secretary of Defense, the Administrator

of General Services and the

Administrator for the National

Aeronautics and Space Administration.

This Small Entity Compliance Guide has

been prepared in accordance with

Section 212 of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Public Law 104–121). It consists

of a summary of rules appearing in

Federal Acquisition Circular (FAC) 97–

18 which amend the FAR. The rules

marked with an asterisk (*) indicates

that a regulatory flexibility analysis has

been prepared in accordance with 5

U.S.C. 604. Interested parties may

obtain further information regarding

these rules by referring to FAC 97–18

which precedes this document. These

documents are also available via the

Internet at http://www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT:

Laurie Duarte, FAR Secretariat, (202)

501–4225. For clarification of content,

contact the analyst whose name appears

in the table below.

LIST OF RULES IN FAC 97–18

Item Subject FAR case Analyst

I ................... Rescission of Office of Federal Procurement Policy Letters ............................................................... 2000–605 Olson.

II .................. FAR Drafting Principles ........................................................................................................................ 1999–610 De Stefano.

III ................. Requirements Supporting Procurement of Recycled Products and Environmentally Preferable

Services *.

1998–015

(98–015)

Linfield.

IV ................. General Records Schedules ................................................................................................................ 1999–615 Nelson.

V .................. Federal Supply Schedules Small Business Opportunities * ................................................................ 1998–609

(98–609)

Nelson.

VI ................. Trade Agreements Thresholds ............................................................................................................. 2000–004 Linfield.

VII ................ Restrictions on Acquisitions from Yugoslavia and Afghanistan ........................................................... 1999–008 Linfield.

VIII ............... Applicability, Thresholds and Waiver of Cost Accounting Standards Coverage (Interim) .................. 2000–301 Nelson.

Item I—Rescission of Office of Federal

Procurement Policy Letters (FAR Case

2000–605)

This final rule reflects editorial

amendments removing unnecessary

cross-references to policy letters that

were rescinded by the Office of Federal

Procurement Policy (OFPP) (65 FR

16968, March 30, 2000).

Item II—FAR Drafting Principles (FAR

Case 1999–610)

This final rule adds Federal

Acquisition Regulation drafting

principles to enhance a common

understanding of the regulation among

all members of the acquisition team and

other users. This rule affects all

contracting officers who use the FAR.

The final rule adds drafting conventions

in FAR 1.108 and amends 1.105–2,

52.101, 52.104, 52.105, and 52.200 to

reflect current FAR drafting

conventions.

Item III—Requirements Supporting

Procurement of Recycled Products and

Environmentally Preferable Services

(FAR Case 1998–015 (98–015))

This final rule implements Executive

Order 13101, Greening the Government

through Waste Prevention, Recycling,

and Federal Acquisition, dated

September 14, 1998. This rule is

significant for all contracting officers

who buy supplies, including supplies

that are furnished under a service

contract. The rule rewrites text currently

in the FAR based on earlier Executive

orders, but reorganizes and relocates

some of the text to conform to plain

language guidelines for Government

writing. The rewrite and reorganization

should make the text easier to use and

understand. The revisions also

emphasize Executive branch policies for

the acquisition of products containing

recovered material and other

environmentally preferable products

and services. 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.