31612 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Circular 90–39

Introduction

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Summary presentation of final

and interim rules with request for

comment.

SUMMARY: This document summarizes

the Federal Acquisition Regulation

(FAR) rules which follow it in the order

listed below. The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council are

issuing Federal Acquisition Circular

(FAC) 90–39 to amend the FAR.

DATES: For effective dates and comment

dates, see separate documents which

follow. Please cite FAC 90–39 and the

appropriate FAR case number(s) in all

correspondence related to the following

documents.

FOR FURTHER INFORMATION CONTACT: The

analyst whose name appears (in the

table below) in relation to each FAR

case or subject area. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405, (202) 501–4755.

Please cite FAC 90–39 and specific FAR

case number(s).

SUPPLEMENTARY INFORMATION: Federal

Acquisition Circular 90–39 amends the

Federal Acquisition Regulation (FAR) as

specified below:

Item Subject FAR case Analyst

I ........ Double-Sided Copying ................................................................................................................................. 92–050 De

Stefano.

II ....... National Industrial Security Program Operating Manual (NISPOM) ........................................................... 95–004 O’Neill.

III ...... Justification and Approval Thresholds ........................................................................................................ 96–302 De

Stefano.

IV ...... Implementation of Memorandum of Understanding Between the United States of America and the European Economic Community on Government Procurement and Sanctions Imposed on the European Community.93–606 O’Such.

V ....... Postponement of Bid Openings or Closing Dates ...................................................................................... 91–095 De

Stefano.

VI ...... Armed Services Pricing Manual .................................................................................................................. 95–027 Olson.

VII ..... Predetermined Indirect Cost Rates ............................................................................................................. 94–011 De

Stefano.

VIII .... Small Business Size Standards .................................................................................................................. 94–600 Klein.

IX ...... Master Subcontracting Plans ...................................................................................................................... 92–039 Klein.

X ....... Small Business Competitiveness Demonstration Program ......................................................................... 92–302 Klein.

XI ...... Use of Convict Labor ................................................................................................................................... 93–615 O’Neill.

XII ..... Ozone Executive Order ............................................................................................................................... 93–307 De

Stefano.

XIII .... Uruguay Round (1996 Code) ...................................................................................................................... 95–304 O’Such.

XIV ... Implementation of the North American Free Trade Agreement Implementation Act ................................. 93–310 O’Such.

XV .... Caribbean Basin Countries ......................................................................................................................... 95–030 O’Such.

XVI ... Fluctuating Exchange Rates ....................................................................................................................... 92–048 O’Such.

XVII Irrevocable Letters of Credit and Alternatives to Miller Act Bonds ............................................................. 95–301 O’Neill.

XVIII Part 31 Agency Supplements ...................................................................................................................... 94–606 Olson.

XIX ... Records Retention ....................................................................................................................................... 93–020 Olson.

XX .... Legislative Lobbying Costs .......................................................................................................................... 93–006 Olson.

XXI ... Travel Costs ................................................................................................................................................ 93–022 Olson

XXII Prompt Payment Overseas ......................................................................................................................... 92–046 Olson.

XXIII Alternate Dispute Resolution/Federal Courts Administration Act ............................................................... 91–062/92–301 O’Neill.

XXIV Defense Production Act Amendments ........................................................................................................ 93–304 O’Neill.

XXV Child Care Services ..................................................................................................................................... 91–106 Klein.

XXVI Quick-Closeout Procedures ......................................................................................................................... 95–009 Klein.

XXVII Quality Assurance Actions—Electronic Screening ...................................................................................... 92–031 Klein.

XXVIII Quality Assurance Nonconformances ......................................................................................................... 92–027 Klein.

XXIX Solicitation Provisions—Contract Clauses .................................................................................................. 95–603 O’Neill.

XXX Contract Award—Sealed Bidding—Construction ........................................................................................ 91–031 O’Neill.

XXXI Small Business Innovation Research Rights in Data ................................................................................. 93–305 O’Neill.

XXXII Inspection Clauses—Fixed Price ................................................................................................................ 92–001 Klein

XXXIII Termination for Convenience ...................................................................................................................... 91–102 Klein.

N/A ... Corrections and Technical Amendments

(1) Revision to FAR Utility Matrix (Loose-leaf edition only) ........................................................................ 92–617 O’Such.

(2) Table of Standard Forms and OMB Expiration Dates .......................................................................... N/A N/A.

Item I—Double-Sided Copying (FAR

Case 92–050)

The interim rule published as Item I

of FAC 90–27, and amended by Item III

of FAC 90–29, is revised and finalized.

The interim rule added FAR Subpart 4.3

and a clause at 52.204–4 to encourage

offerors and contractors to maximize the

use of double-sided copying on recycled

paper, in accordance with Executive

Order 12873. FAC 90–29 amended FAR

4.304 to eliminate the requirement for

use of the clause at 52.204–4 in

acquisitions at or below the simplified

acquisition threshold. The final rule

contains additional changes at 4.301

and 52.204–4 to implement Executive

Order 12995, which amended Executive

Order 12873 to revise the minimum

recycled content standards for printing

and writing paper.
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31613

Item II—National Industrial Security

Program Operating Manual (NISPOM)

(FAR Case 95–004)

This final rule amends FAR Subparts

4.4 and 27.2 and the clause at 52.204–

2 to (1) replace references to the

‘‘Defense Industrial Security Program’’

with references to the ‘‘National

Industrial Security Program’’; and (2)

replace references to the ‘‘DoD

Industrial Security Manual for

Safeguarding Classified Information’’

with references to the ‘‘National

Industrial Security Program Operating

Manual.’’ The National Industrial

Security Program has been established

in accordance with Executive Order

12829.

Item III—Justification and Approval

Thresholds (FAR Case 96–302)

This final rule amends FAR 6.304 to

implement Section 4102 of the Fiscal

Year 1996 Defense Authorization Act

(Public Law 104–106). Section 4102

amends 10 U.S.C. 2304(f)(1)(B) and 41

U.S.C. 253(f)(1)(B) to raise the dollar

thresholds at which approval for the use

of other than full and open competition

must be obtained from the competition

advocate, the head of the procuring

activity, or the senior procurement

executive. Section 4102 provides for

approval of the justification for other

than full and open competition by (1)

the competition advocate, for proposed

contracts over $500,000, but not

exceeding $10,000,000; (2) the head of

the procuring activity, or designee, for

proposed contracts over $10,000,000,

but not exceeding $50,000,000; and (3)

the senior procurement executive, for

proposed contracts over $50,000,000.

Item IV—Implementation of

Memorandum of Understanding

Between the United States of America

and the European Economic

Community on Government

Procurement and Sanctions Imposed on

the European Community (FAR Case

93–606)

The interim rule published in FAC

90–18, and amended in FACs 90–19 and

90–36, is converted to a final rule

without change. The rule amended FAR

Parts 14, 15, 17, 25, and 52 to (1)

implement Executive Order 12849

which, based on a Memorandum of

Understanding between the United

States and the European Community,

waives the Buy American Act in certain

situations; and (2) implement certain

trade sanctions imposed on the

European Community.

Item V—Postponement of Bid Openings

or Closing Dates (FAR Case 91–095)

This final rule amends FAR 14.402–

3, and 15.412 and the provisions at

52.214–7, 52.214–23, 52.214–32,

52.214–33, 52.215–10, and 52.215–36 to

clarify policy regarding rescheduling of

the time for receipt of bids or proposals

when an emergency or unanticipated

event interrupts normal processes at a

Government installation. An editorial

revision is made at 15.411(a).

Item VI—Armed Services Pricing

Manual (FAR Case 95–027)

This final rule amends FAR 15.805–

1 to replace the Armed Services Pricing

Manual, as the reference guide for

pricing and negotiation personnel, with

five desk references jointly prepared by

the Air Force Institute of Technology

and the Federal Acquisition Institute.

Item VII—Predetermined Indirect Cost

Rates (FAR Case 94–011)

This final rule amends FAR 42.705–

3 and the clause at 52.216–15 to

implement revisions to OMB Circular

A–21 that permit predetermined

indirect cost rates for educational

institutions to be established for periods

of up to four years. An editorial revision

is made at 16.307(i).

Item VIII—Small Business Size

Standards (FAR Case 94–600)

This final rule revises the table at FAR

19.102 to reflect size standards

published by the Small Business

Administration.

Item IX—Master Subcontracting Plans

(FAR Case 92–039)

This final rule amends FAR 19.704

and the clause at 52.219–9 to permit

master subcontracting plans to be

written for a three-year period, and to

emphasize that it is incumbent upon

contractors to maintain and update

master plans.

Item X—Small Business

Competitiveness Demonstration

Program (FAR Case 92–302)

The interim rule published as Item

XIII of FAC 90–23 is converted to a final

rule without change. The rule amended

FAR Subpart 19.10 to (1) extend the

Small Business Competitiveness

Demonstration Program through

September 30, 1996; (2) specify that

agencies may reinstate the use of small

business set-asides as necessary to meet

assigned goals, but only within the

organizational unit(s) that failed to meet

the small business goals; and (3) revise

the description of architectural and

engineering services as a designated

industry group.

Item XI—Use of Convict Labor (FAR

Case 93–615)

This final rule amends FAR Subpart

22.2 and the clause at 52.222–3 to

reflect changes in the statutory

restrictions on employment of convict

labor in the performance of Government

contracts. The amendments (1) remove

all references to 18 U.S.C. 4082(c)(2),

which now only applies to offenses

committed prior to November 1, 1987;

(2) reflect the addition of the

Commonwealth of the Northern Mariana

Islands to the jurisdictions covered by

Executive Order 11755; and (3) include

further information regarding the

requirements of Executive Order 11755,

as amended by Executive Order 12608.

Item XII—Ozone Executive Order (FAR

Case 93–307)

The interim rule published as Item III

of FAC 90–27 is revised and finalized.

The rule implements Executive Order

12843 and Environmental Protection

Agency Clean Air Act regulations (40

CFR Part 82). The final rule differs from

the interim rule in that it (1) amends

FAR Subpart 23.8 and the clause at

52.223–11 to replace the definitions of

‘‘class I substance’’ and ‘‘class II

substance’’ with a definition of ‘‘ozonedepleting substance’’; and (2) amends

the clause at 52.223–11 to clarify that

labeling of ozone-depleting substances

shall be in accordance with 42 U.S.C.

7671j and 40 CFR Part 82.

Item XIII—Uruguay Round (1996 Code)

(FAR Case 95–304)

The interim rule published in FAC

90–36 is converted to a final rule

without further change. The rule

amends FAR Parts 25 and 52 to

implement the renegotiated Government

Procurement Agreement (1996 Code)

(Uruguay Round). This agreement is

implemented in statute by the Uruguay

Round Agreement Act, Public Law 103–

465, which amends the Trade

Agreements Act of 1979 (19 U.S.C.

2501–2582).

Item XIV—Implementation of the North

American Free Trade Agreement

Implementation Act (FAR Case 93–310)

This interim rule amends the rule

published in FAC 90–19 to implement

the North American Free Trade

Agreement (NAFTA) Implementation

Act. This interim rule (1) adds language

at FAR 25.402(g) to address the

applicability of NAFTA to the

acquisition of services; (2) adds

language at 27.208 to address the use of

patented technology when the patent

holder is from a NAFTA country; (3)

amends the provision at 52.225– 20 to

clarify procedures for evaluation of
31614 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

offers; (4) adds an alternate to the

provision at 52.225–20 and the clause at

52.225–21 for use in acquisitions

between $25,000 and $50,000; and (5)

adds a new clause at 52.225–22 for use

in construction contracts awarded

outside the United States with an

estimated value of $6,500,000 or more.

Item XV—Caribbean Basin Countries

(FAR Case 95–030)

This final rule amends FAR 25.402(b)

to reflect the U.S. Trade

Representative’s extension, through

September 30, 1996, of the designation

of Caribbean Basin products as eligible

products under the Trade Agreements

Act.

Item XVI—Fluctuating Exchange Rates

(FAR Case 92–048)

This final rule revises FAR 25.501 and

adds a new provision at 52.225–4 to

address procedures for evaluation of

offers priced in a foreign currency.

Item XVII—Irrevocable Letters of

Credit and Alternatives to Miller Act

Bonds (FAR Case 95–301)

This interim rule amends FAR Part 28

and the clause at 52.228–2, and adds

new clauses at 52.228–13 and 52.228–14

to (1) provide for use of irrevocable

letters of credit as an alternative to

corporate or individual sureties as

security for Miller Act bonds on

construction contracts exceeding

$100,000; and (2) provide alternative

payment protections for construction

contracts between $25,000 and

$100,000, which are no longer subject to

the Miller Act, in accordance with

Section 4104(b) of the Federal

Acquisition Streamlining Act of 1994

(Public Law 103–355).

Item XVIII—Part 31 Agency

Supplements (FAR Case 94–606)

This final rule amends FAR 31.101 to

remove the requirement for Civilian

Agency Acquisition Council approval of

agency supplements to FAR Part 31.

Approval requirements for class

deviations from Part 31 remain

unchanged.

Item XIX—Records Retention (FAR

Case 93–020)

This final rule amends the cost

principle at 31.201–2 to explicitly state

that contractors must maintain adequate

cost records in order to be reimbursed

for costs claimed.

Item XX—Legislative Lobbying Costs

(FAR Case 93–006)

This final rule amends FAR 31.205–

22, and deletes 31.205–50, to clarify the

cost principle pertaining to legislative

lobbying costs.

Item XXI—Travel Costs (FAR Case 93–

022)

This final rule amends the cost

principle at FAR 31.205– 46 to specify

the documentation required to support

travel costs incurred by contractors

under Government contracts. These

documentation requirements are

consistent with similar requirements

already imposed by Section 274 of the

Internal Revenue Code for travel costs

claimed for Federal tax purposes.

Item XXII—Prompt Payment Overseas

(FAR Case 92–046)

The interim rule published as Item

XIII of FAC 90–20, and further amended

by Item III of FAC 90–29, is converted

to a final rule without change. The rule

amended FAR 32.901 and the clauses at

52.232–25, 52.232–26, and 52.232–27 to

reflect the applicability of the Prompt

Payment Act to contracts awarded and

performed outside the United States.

Item XXIII—Alternate Dispute

Resolution/Federal Courts

Administration Act (FAR Cases 91–062

and 92–301)

The interim rules are converted to

final rules without change. The rules

were published as Item XIV of FAC 90–

20 and Item III of FAC 90–10. The rules

amend the claim certification

procedures and the Alternative Means

of Dispute Resolution (ADR) procedures

in FAR Part 33, and implement section

907(a) of the Federal Courts

Administration Act of 1992 (Public Law

102–572).

Item XXIV—Defense Production Act

Amendments (FAR Case 93–304)

The interim rule published as Item

XXIV of FAC 90–23 is converted to a

final rule without change. The rule

added FAR Subpart 34.1 and a clause at

52.234–1 to provide policy and

procedures for the testing, qualification,

and use of industrial resources

manufactured or developed with

assistance provided under Title III of the

Defense Production Act of 1950.

Item XXV—Child Care Services (FAR

Case 91–106)

The interim rule published as Item

XXVII of FAC 90–23 is converted to a

final rule without change. The rule

amended FAR Subpart 37.1 to require

contracting officers to ensure that

contracts for child care services include

requirements for criminal history

background checks of employees in

accordance with 42 U.S.C. 13041.

Item XXVI—Quick-Closeout Procedures

(FAR Case 95–009)

This final rule amends FAR 42.708

and the clauses at 52.216–7 and 52.216–

13 to permit maximum use of quick

contract closeout procedures. The rule

(1) permits use of quick closeout

procedures if total unsettled indirect

costs allocable to any one contract do

not exceed $1,000,000; (2) and permits

contracting officers to waive the 15

percent restriction on unsettled indirect

costs, based upon a risk assessment that

considers certain factors.

Item XXVII—Quality Assurance

Actions—Electronic Screening (FAR

Case 92–031)

This final rule amends FAR 46.101 to

add definitions of ‘‘latent defect’’ and

‘‘patent defect.’’

Item XXVIII—Quality Assurance

Nonconformances (FAR Case 92–027)

This final rule amends FAR Subpart

46.1 to provide standard terminology

and guidance pertaining to supplies and

services that do not meet contract

requirements.

Item XXIX—Solicitation Provisions—

Contract Clauses (FAR Case 95–603)

This final rule amends the provision

at FAR 52.211–1 to delete the statement

that copies of specifications may be

obtained from General Services

Administration Business Service

Centers. Specifications are no longer

available from these centers.

Item XXX—Contract Award—Sealed

Bidding—Construction (FAR Case 91–

031)

This final rule amends the provision

at FAR 52.214–19 to advise offerors that,

for construction solicitations, the

Government may reject bids as

nonresponsive if the prices are

materially unbalanced. This amendment

is consistent with the existing language

in the provisions at 52.214–10 and

52.215- 16, which are used in

solicitations for other than construction.

Item XXXI—Small Business Innovation

Research Rights in Data (FAR Case 93–

305)

The interim rule published as Item

XIX of FAC 90–20 is converted to a final

rule without change. The rule amended

the clause at FAR 52.227–20 to increase

a small business concern’s data rights

retention period from two to four years,

in accordance with the Small Business

Innovation Research Program Policy

Directive published by the Small

Business Administration.
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31615

Item XXXII—Inspection Clauses—Fixed

Price (FAR Case 92–001)

This final rule amends the clauses at

FAR 52.246–2, 52.246–4, 52.246–7,

52.246–12, and 52.246–13 to replace the

phrase ‘‘without additional charge’’

with the phrase ‘‘at no increase in

contract price’’ for clarity.

Item XXXIII—Termination for

Convenience (FAR Case 91–102)

This final rule amends the clause at

52.249–2 to clarify language pertaining

to settlement of contract termination

costs and rights of appeal under the

Disputes clause.

Corrections and Technical

Amendments (Loose-leaf edition only)

Revisions to FAR Utility Matrix (FAR

Case 92–617)

Section 52.301, Solicitation

provisions and contract clauses

(Matrix), is amended in the Utility

Services column. The matrix is not

carried in the Code of Federal

Regulations and, therefore, not

published in the Federal Register.

Subscribers to the loose-leaf edition will

receive matrix changes in FAC 90–39.

Table of Standard Forms and OMB

Expiration Dates

Under the provisions of the

Paperwork Reduction Act of 1995 (44

U.S.C. Chapter 35), the Federal

Acquisition Regulation (FAR)

Secretariat has obtained Office of

Management and Budget (OMB)

clearance of all information collection

requirements contained in the FAR. In

lieu of reissuing Standard and Optional

Forms to reflect extended OMB

approval dates, and to reduce costs of

reprinting forms, FAR users should

make appropriate pen-and-ink changes

on any listed forms containing

expiration dates that differ from the

entries published below:

TABLE OF STANDARD FORMS AND OMB EXPIRATION DATES

Standard

form Edition OMB control No. Expiration date

SF 24 ... Rev. 1/90 ........ 9000–0045 9/30/98

SF 25 ... Rev. 1/90 ........ 9000–0045 9/30/98

SF 25A Rev. 1/90 ........ 9000–0045 9/30/98

SF 25B Rev. 10/83 ...... 9000–0045 9/30/98

SF 28 ... Rev. 1/90 ........ 9000–0001 9/30/98

SF 34 ... Rev. 1/90 ........ 9000–0045 9/30/98

SF 35 ... Rev. 1/90 ........ 9000–0045 9/30/98

SF 119 Rev. 1/90 ........ 9000–0003 9/30/98

SF 129 Rev. 6/90 ........ 9000–0002 10/31/97

SF 254 Rev. 11/92 ...... 9000–0004 3/31/99

SF 255 Rev. 11/92 ...... 9000–0005 4/30/99

SF 273 Rev. 8/90 ........ 9000–0045 9/30/98

SF 274 Rev. 8/90 ........ 9000–0045 9/30/98

SF 275 Rev. 8/90 ........ 9000–0045 9/30/98

SF 294 Rev. 10/95 ...... 9000–0006 3/31/98

SF 295 Rev. 10/95 ...... 9000–0007 3/31/98

SF 1403 Rev. 9/88 ........ 9000–0011 10/31/97

SF 1404 Rev. 9/88 ........ 9000–0011 10/31/97

SF 1405 Rev. 9/88 ........ 9000–0011 10/31/97

SF 1406 Rev. 9/88 ........ 9000–0011 10/31/97

SF 1407 Rev. 9/88 ........ 9000–0011 10/31/97

SF 1408 Rev. 9/88 ........ 9000–0011 10/31/97

SF 1411 Rev. 10/95 ...... 9000–0013 9/30/98

SF 1413 Rev. 6/89 ........ 9000–0014 4/30/98

SF 1416 Rev. 1/90 ........ 9000–0045 9/30/98

SF 1417 Rev. 8/90 ........ 9000–0037 9/30/98

SF 1423 Rev. 12/88 ...... 9000–0015 5/31/98

SF 1424 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1426 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1427 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1428 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1429 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1430 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1431 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1432 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1433 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1434 Rev. 7/89 ........ 9000–0015 5/31/98

SF 1435 Rev. 7/89 ........ 9000–0012 5/31/98

SF 1436 Rev. 7/89 ........ 9000–0012 5/31/98

SF 1437 Rev. 7/89 ........ 9000–0012 5/31/98

SF 1438 Rev. 7/89 ........ 9000–0012 5/31/98

SF 1439 Rev. 7/89 ........ 9000–0012 5/31/98

SF 1440 Rev. 7/89 ........ 9000–0012 5/31/98

SF 1443 Rev. 10/82 ...... 9000–0010 8/31/96

SF 1444 Rev. 10/87 ...... 9000–0089 4/30/99

SF 1445 Rev. 10/87 ...... 9000–0089 4/30/99

SF 1446 Rev. 10/87 ...... 9000–0089 4/30/99

SF 1448 10/95 edition ... 9000–0013 9/30/98

SF 1449 10/95 edition ... 9000–0136 9/30/98
31616 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Federal Acquisition Circular Number

90–39

Federal Acquisition Circular (FAC)

90–39 is issued under the authority of

the Secretary of Defense, the

Administrator of General Services, and

the Administrator for the National

Aeronautics and Space Administration.

Unless otherwise specified, all

Federal Acquisition Regulation (FAR)

and other directive material contained

in FAC 90–39 is effective August 19,

1996, except for Item XV which was

effective September 30, 1995, and Items

I, IV, VI, VIII, X, XII through XIV, XVII,

XXII through XXV, and XXXI, which are

effective June 20, 1996.

Dated: May 16, 1996.

Eleanor R. Spector,

Director, Defense Procurement.

Dated: May 16, 1996.

Ida M. Ustad,

Deputy Associate Administrator for

Acquisition Policy, General Services

Administration.

Dated: May 6, 1996.

L.W. Bailets,

Acting Associate Administrator for

Procurement National Aeronautics and Space

Administration.

[FR Doc. 96–14515 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 4 and 52

[FAC 90–39; FAR Case 92–050; Item I]

RIN 9000–AG41

Federal Acquisition Regulation;

Double-Sided Copying

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final

with changes.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to a final rule which amends the

Federal Acquisition Regulation (FAR) to

encourage contractors to maximize the

use of double-sided copying on recycled

paper when submitting written

documents related to an acquisition.

This regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

EFFECTIVE DATE: June 20, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Ralph De Stefano at (202) 501–1758 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–39, FAR case 92–

050.

SUPPLEMENTARY INFORMATION:

A. Background

These revisions are based on a portion

of Executive Order 12873, Federal

Acquisition, Recycling, and Waste

Prevention, dated October 20, 1993 (58

FR 54911), which encourages the use of

double-sided copying on recycled paper

for documents printed within the

Government and under Government

contracts.

An interim rule was published in the

Federal Register at 60 FR 28493, May

31, 1995, as Item I, FAC 90–27. This

interim rule amended FAR Part 4 to add

a new subpart 4.3—Paper Documents,

and amended FAR Part 52 to add a

clause at 52.204–4, Printing/Copying

Double-Sided on Recycled Paper. An

additional amendment to section 4.304

was published at 60 FR 34744 on July

3, 1995, to eliminate the requirement for

use of the clause at 52.204–4 in

solicitations and contracts valued at or

below the simplified acquisition

threshold. Further amendments have

been made in the final rule to

implement Executive Order 12995 of

March 25, 1996 (61 FR 13645, March 28,

1996), which amended Executive Order

12873 to revise the minimum content

standards for printing and writing

paper.

Seven comments from six sources

were received in response to the interim

rule. All comments were considered in

developing the final rule.

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 under the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq., because the rule contains no

mandatory requirements for offerors or

contractors. The rule encourages, but

does not require, the use of doublesided copying on recycled paper when

submitting written documents to the

Government. No comments were

received on the impact of this rule on

small entities during the public

comment period.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which 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 4 and

52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With

Changes

Accordingly, the interim rule

amending CFR Parts 4 and 52, which

was published at 60 FR 28493, May 31,

1995 (FAC 90–27, Item I), and amended

at 60 FR 34744, July 3, 1995, is adopted

as a final rule with amendments at

sections 4.301 and 52.204–4.

1. The authority citation for 48 CFR

Parts 4 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 4—ADMINISTRATIVE MATTERS

4.301 [Amended]

2. Section 4.301 is amended by

removing the period at the end of the

sentence and inserting in its place ‘‘, as

amended by Executive Order 12995,

March 25, 1996.’’

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

3. Section 52.204–4 is amended by

revising the date of the clause to read

‘‘(JUN 1996)’’; in paragraph (a) of the

clause by inserting after ‘‘October 20,

1993,’’ the phrase ‘‘as amended by

Executive Order 12995, dated March 25,

1996,’’; revising ‘‘20%’’ to read ‘‘20

percent’’; and by revising paragraph (b)

to read as follows:

52.204–4 Printing/Copying Double-Sided

on Recycled Paper.

* * * * *

PRINTING/COPYING DOUBLE-SIDED

RECYCLED PAPER (JUN 1996)

* * * * *

(b) The 20 percent standard applies to

high-speed copier paper, offset paper, forms