64940 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1, 19, 42, and 53

[FAC 97–03; Item XIV]

Federal Acquisition Regulation;

Technical Amendments

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Corrections.

SUMMARY: This document makes

technical corrections to FAR sections

1.201–1, 19.811–1, and 42.203. SF 33,

SF 1435, SF 1436, and SF 1437 are

being reissued in order to reflect

changes to internal references as a result

of the rewrite of Part 15 of the Federal

Acquisition Regulation. SF 279 is being

reissued to provide accounting for

purchases under the commercial test.

EFFECTIVE DATE: December 9, 1997.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755.

Dated: December 1, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR parts 1, 19, 42, and

53 are amended as set forth below:

1. The authority citation for 48 CFR

parts 1, 19, 42, and 53 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

1.201–1 [Amended]

2. Section 1.201–1 is amended in the

first sentence of paragraph (a) by

removing the word ‘‘Regulatory’’ and

inserting ‘‘Regulations’’ in its place.

PART 19—SMALL BUSINESS

PROGRAMS

3. Section 19.811–1 is amended in the

introductory text of paragraph (c) by

revising the first and second sentences

to read as follows:

19.811–1 Sole source.

* * * * *

(c) Except in procurements where the

SBA will make advance payments to its

8(a) contractor, the agency contracting

officer may, as an alternative to the

procedures in paragraphs (a) and (b) of

this subsection, use a single contract

document for both the prime contract

between the agency and the SBA and its

8(a) contractor. The single contract

document shall contain the information

in paragraphs (b) (1), (2), and (3) of this

subsection. * * *

* * * * *

PART 42—CONTRACT

ADMINISTRATION

42.203 [Amended]

4. Section 42.203 is amended at the

end of paragraph (a) by removing

‘‘4.201(c)’’ and inserting ‘‘4.201(d)’’ in

its place.

PART 53—FORMS

53.204–2 [Amended]

5. Section 53.204–2 is amended in

paragraph (a) by revising the revision

date to read ‘‘(Rev. 10/97)’’.

53.214 [Amended]

6. Section 53.214 is amended in

paragraph (c) by revising the revision

date to read ‘‘(Rev. 9/97)’’.

53.215–1 [Amended]

7. Section 53.215–1 is amended in

paragraph (c) by revising the revision

date to read ‘‘(Rev. 9/97)’’.

53.249 [Amended]

8. Section 53.249 is amended in

paragraphs (a)(2), (a)(3), and (a)(4) by

revising the revision dates to read ‘‘(Rev.

9/97)’’, and by removing the last

sentence of each paragraph.

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9. Section 53.301–33 is revised to read as follows:

53.301–33 Solicitation, Offer and Award.
64942 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

10. Section 53.301–279 is revised to read as follows:

53.301–279 Federal Procurement Data System (FPDS)—Individual Contract Action Report.
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11. Section 53.301–1435 is revised to read as follows:

53.301–1435 Settlement Proposal (Inventory Basis).
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64946 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations
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12. Section 53.301–1436 is revised to read as follows:

53.301–1436 Settlement Proposal (Total Cost Basis).
64948 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations
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64950 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations
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13. Section 53.301–1437 is revised to read as follows:

53.301–1437 Settlement Proposal for Cost—Reimbursement Type Contracts.
64952 Federal Register / Vol. 62, No. 236 / Tuesday, December 9, 1997 / Rules and Regulations

[FR Doc. 97–31827 Filed 12–8–97; 8:45 am]

BILLING CODE 6820–EP–C

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapter I

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

as the Federal Acquisition Regulation

(FAR) Council. 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 the

rules appearing in Federal Acquisition

Circular (FAC) 97–03 which amends the

FAR. The rules marked with an asterisk

(*) are those for which a final regulatory

flexibility analysis has been prepared in

accordance with 5 U.S.C. 604. Further

information regarding these rules may

be obtained by referring to FAC 97–03

which precedes this notice. This

document may be obtained from the

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

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, (202) 501–4755.

LIST OF RULES IN FAC 97–03

Item Subject FAR

Case Analyst

I .............. Part 30 Deviations ............................................................................................................................................. 97–014 Nelson.

II* ........... Information Technology Management Reform Act of 1996 .............................................................................. 96–319 Nelson.

III ............ Final Overhead Settlement ................................................................................................................................ 95–017 Klein.

IV* .......... Reorganization of FAR Part 13, Simplified Acquisition Procedures ................................................................. 94–772 Linfield.

V ............ Reporting Trade Sanction Exemptions .............................................................................................................. 97–021 Linfield.

VI ........... New Mexico Gross Receipts and Compensating Tax ...................................................................................... 97–018 Moss

VII .......... Compensation of Certain Contractor Personnel ............................................................................................... 96–325 Nelson.

VIII ......... Independent Research and Development/Bid and Proposal Costs for Fiscal Year 1996 and Beyond ........... 95–032 Nelson.

IX ........... Travel Reimbursement (Interim) ........................................................................................................................ 97–007 Nelson.

X ............ Protests to GAO ................................................................................................................................................ 97–009 O’Neill.

XI ........... Novation and Related Agreements ................................................................................................................... 95–034 Klein

XII .......... Commercial Bills of Lading, Small Package Shipments ................................................................................... 97–017 Klein

XIII ......... Standard Form 1406, Preaward Survey of Prospective Contractor—Quality Assurance ................................ 96–022 Klein

XIV ......... Technical Amendments.

Item I—Part 30 Deviations (FAR Case

97–014)

This final rule amends FAR 1.402 to

remove the prohibition against

authorizing deviations from FAR Part

30, Cost Accounting Standards

Administration, except for subsections

30.201–3 and 30.201–4, or the Cost

Accounting Standards Board rules and

regulations.

Item II—Information Technology

Management Reform Act of 1996 (FAR

Case 96–319)

The interim rule published as Item I

of FAC 90–41 is converted to a final

rule. This rule implements the

Information Technology Management

Reform Act of 1996 (Division E of Public

Law 104–106). The final rule differs

from the interim rule in that it makes a

clarifying revision to paragraph (c) of

the definition of ‘‘information

technology’’ at FAR 2.101.

Item III—Final Overhead Settlement

(FAR Case 95–017)

This final rule amends FAR Parts 4,

42, and 52 to improve the process of

final settlement of contractor indirect

cost rates under cost-reimbursement

contracts by (1) extending the time

period within which a contractor must

submit an indirect cost rate proposal

from 90 days to 6 months after the end

of the contractor’s fiscal year, (2)

permitting extensions to the 6-month

time period for exceptional

circumstances only, and (3) providing a

specific reference to the Defense

Contract Audit Agency pamphlet that

contains guidance on what generally

constitutes an adequate final indirect

cost rate proposal and supporting data.

Item IV—Reorganization of FAR Part

13, Simplified Acquisition Procedures

(FAR Case 94–772)

This final rule revises FAR Part 13 to

reorganize its contents in a more

process-oriented manner and to

emphasize the use of electronic

contracting and the Governmentwide

commercial purchase card. FAR Part 52

is amended to permit agency provisions

and clauses to be incorporated by

reference in solicitations and contracts,

if the full text of the provisions and

clauses may be accessed electronically

by prospective contractors. A new

clause is added at FAR 52.213–4 for use

in simplified acquisitions; the clause is

a compilation of the required and most

commonly used clauses that apply to

simplified acquisitions, and may be

used in lieu of individual clauses

prescribed in the FAR.

Item V—Reporting Trade Sanction

Exemptions (FAR Case 97–021)

This final rule amends FAR Subpart

25.10 to eliminate requirements for

agencies to notify Congress when

exercising the authority at FAR

25.1002(c) for exemption of certain

procurements from trade sanctions

imposed by the President. The rule

instead requires agencies to notify the

United States Trade Representative of

such exemptions within 30 days after

contract award.

Item VI—New Mexico Gross Receipts

and Compensating Tax (FAR Case 97–

018)

This final rule amends FAR 29.401–

6 to identify the Defense Special

Weapons Agency as an agency that has

entered into an agreement with the State

of New Mexico regarding taxation.

Item VII—Compensation of Certain

Contractor Personnel (FAR Case 96–

325)

The interim rule published as Item XI

of FAC 90–45 is converted to a final rule

with a minor clarifying amendment at

FAR 31.205–6(p)(1). The rule