[Federal Register Volume 61, Number 93 (Monday, May 13, 1996)]
[Proposed Rules]
[Page 22010]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-11862]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapters 1 and 2

[FAR Case 96-308]


Federal Acquisition Regulation; Implementation of Commercially 
Available Off-the-Shelf Item Acquisition Provisions of the Federal 
Acquisition Reform Act

AGENCIES: Department of Defense, General Services Administration, and 
National Aeronautics and Space Administration.

ACTION: Advance notice of proposed rulemaking.

-----------------------------------------------------------------------

SUMMARY: The Federal Acquisition Regulatory Council is soliciting 
comments regarding the implementation of section 4203 of the Federal 
Acquisition Reform Act (Pub. L. 104-106) (the Act) with respect to 
Commercially Available Off-the-Shelf Item Acquisitions. The Act 
requires the FAR to list provisions of law that are inapplicable to 
contracts for the acquisition of commercially available off-the-shelf 
items. Certain laws have already been determined to be inapplicable to 
all commercial items as a result of the implementation of the Federal 
Acquisition Streamlining Act of 1994 (see FAR 12.503). The additional 
provisions of law that could be determined inapplicable to commercially 
available off-the-shelf items are listed under
SUPPLEMENTARY INFORMATION below.

DATES: Comments should be submitted to the address shown below by June 
28, 1996.

ADDRESSES: Interested parties should submit comments to the FAR 
Secretariat, General Services Administration, 18th and F Sts. NW, 
Washington, DC 20405. Please cite FAR Case 96-308.

FOR FURTHER INFORMATION CONTACT: FAR Secretariat, (202) 501-4755.

SUPPLEMENTARY INFORMATION:  15 U.S.C. 637(d) (2) and (3), Utilization 
of Small Business Concerns (see 52.219-8); 15 U.S.C. 637(d)(4), Small 
Business Subcontracting Plan (see 52.219-9); 15 U.S.C. 637(a)(14), 
Limitation on Subcontracting (see 52.219-14); 19 U.S.C. 1202, Tariff 
Act of 1930 (see 52.225-10); 19 U.S.C. 1309, Supplies for Certain 
Vessels and Aircraft (see 52.225-10); 19 U.S.C. 2701, et seq., 
Authority to Grant Duty Free Treatment (see 52.225-10); 29 U.S.C. 793, 
Affirmative Action for Handicapped Workers (see 52.222-36); 38 U.S.C. 
4212, Affirmative Action for Special Disabled Vietnam Era Veterans (see 
52.222-35); 38 U.S.C. 4212(d)(1), Employment Reports on Special 
disabled Veterans and Veterans of the Vietnam Era (see 52.222-37); 41 
U.S.C. 10, Buy American Act--Supplies (see 52.225-3); 41 U.S.C. 253d, 
Validation of Proprietary Data Restrictions (see 52.227-14); 41 U.S.C. 
253g and 10 U.S.C. 2482, Prohibition on Limiting Subcontractor Direct 
Sales to the United States (see 52.203-6); 41 U.S.C. 254(b) and 10 
U.S.C. 2306a, Truth in Negotiations Act (see 15.804); 41 U.S.C. 254d(c) 
and 10 U.S.C. 2513(c), Examination of Records of Contractor (see 
52.215-2); 41 U.S.C. 418a, Rights in Technical Data (see 52.227-14); 41 
U.S.C. 442, Cost Accounting Standards (see FAR Appendix B, 48 CFR 
Chapter 99); 41 U.S.C. 423(e)(3), Administrative Actions (see 3.104); 
46 U.S.C. 1241(b), Transportation in American Vessels of Government 
Personnel and Certain Cargo (see 52.247-64); 49 U.S.C. 40118, Fly 
American Provisions (see 52.247-63); For purposes of this notice, a 
``commercially available off-the-shelf item'' means--
    (1) a commercial item as defined in FAR 2.101;
    (2) an item sold in substantial quantities in the commercial 
marketplace; and
    (3) an item is offered to the Government, without modification, in 
the same form in which it is sold in the commercial marketplace. This 
does not include bulk cargo, as defined in 46 U.S.C. App. 1702, such as 
agricultural and petroleum products. The FAR Council is requesting any 
interested parties to provide advance comments on:
    (1) the definition of ``commercially available off-the-shelf item'' 
cited above.
    (2) whether the above cited list of statutory provisions that could 
be determined inapplicable to commercial off-the-shelf items is 
complete.
    (3) whether the specific provisions of law should be determined to 
be inapplicable. Comments received will be considered in the 
development of proposed or interim rules. In addition, a 60-day public 
comment period will be provided once proposed and/or interim FAR rules 
are drafted. Noted that agency specific statutory provisions will be 
addressed in separates Federal Register notices.

    Dated: May 7, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-11862 Filed 5-10-96; 8:45 am]
BILLING CODE 6820-EP-M