Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31619

rule, and a Final Regulatory Flexibility

Analysis has been performed. A copy of

the analysis may be obtained from the

FAR Secretariat.

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 14, 15,

17, 25, and 52

Government procurement.

Interim Rule Adopted as Final

Accordingly, the interim rule

amending 48 CFR Parts 14, 15, 17, 25,

and 52, which was published at 58 FR

31140, May 28, 1993, and amended at

59 FR 544, January 5, 1994, and 60 FR

67514, December 29, 1995, is adopted as

final without further change.

The authority citation for 48 CFR

Parts 14, 15, 17, 25, 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).

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 96–14519 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 14, 15, and 52

[FAC 90–39; FAR Case 91–095; Item V]

RIN 9000–AF48

Federal Acquisition Regulation;

Postponement of Bid Openings or

Closing Dates

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 have

agreed on a final rule to amend the

Federal Acquisition Regulation (FAR) to

clarify the time for receipt of bids or

proposals when an emergency or

unanticipated event interrupts normal

processes at a Government installation

on the date scheduled for receipt of bids

or proposals. 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: August 19, 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 91–

095.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register on November 9, 1993

(58 FR 59618). The proposed rule

amended FAR 14.402–3, 15.411, 15.412,

52.214–7, and 52.215–10 to clarify

policy regarding rescheduling of the

time for receipt of bids or proposals

when an emergency or unanticipated

event interrupts normal Government

processes and urgent requirements do

not allow time to formally extend the

bid opening or solicitation closing date.

One substantive comment was received

in response to the proposed rule. After

evaluation of this comment, the

Councils agreed to finalize the

amendments in the proposed rule and to

make similar clarifying amendments at

FAR 52.214–23, 52.214–32, 52.214–33,

and 52.215–36.

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 it merely clarifies policy

regarding rescheduling of bid opening/

solicitation closing dates when an

emergency or unanticipated event

occurs. 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 14, 15,

and 52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 14, 15, and 52

are amended as set forth below:

1. The authority citation for 48 CFR

Parts 14, 15, 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 14—SEALED BIDDING

2. Section 14.402–3 is amended by

revising paragraph (c) to read as follows:

14.402–3 Postponement of openings.

* * * * *

(c) In the case of paragraph (a)(2) of

this section, and when urgent

Government requirements preclude

amendment of the solicitation as

prescribed in 14.208, the time specified

for opening of bids will be deemed to

be extended to the same time of day

specified in the solicitation on the first

work day on which normal Government

processes resume. In such cases, the

time of actual bid opening shall be

deemed to be the time set for bid

opening for the purpose of determining

‘‘late bids’’ under 14.304. A note should

be made on the abstract of bids or

otherwise added to the file explaining

the circumstances of the postponement.

PART 15—CONTRACTING BY

NEGOTIATION

3. Section 15.411 is amended by

revising paragraph (a) to read as follows:

15.411 Receipt of proposals and

quotations.

(a) The procedures for receipt and

handling of proposals and quotations

should be similar to those prescribed in

14.401. Proposals and quotations shall

be marked with the date and time of

receipt.

* * * * *

4. Section 15.412 is amended by

revising paragraph (b) to read as follows:

15.412 Late proposals, modifications, and

withdrawals of proposals.

* * * * *

(b) Offerors are responsible for

submitting offers, and any modifications

to them, so as to reach the Government

office designated in the solicitation on

time. If an emergency or unanticipated

event interrupts normal Government

processes so that proposals cannot be

received at the office designated for

receipt of proposals by the exact time

specified in the solicitation, and urgent

Government requirements preclude

amendment of the solicitation closing

date as usually prescribed by 15.410, the
31620 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

time specified for receipt of proposals

will be deemed to be extended to the

same time of day specified in the

solicitation on the first work day on

which normal Government processes

resume. If no time is specified in the

solicitation, the time for receipt is 4:30

p.m., local time, for the designated

Government office on the date that

proposals are due.

* * * * *

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

5. Section 52.214–7 is amended in the

provision by revising the date in the

heading and adding paragraph (h) to

read as follows:

52.214–7 Late Submissions, Modifications,

and Withdrawals of Bids.

* * * * *

Late Submissions, Modifications, and

Withdrawals of Bids (Aug 1996)

* * * * *

(h) If an emergency or unanticipated event

interrupts normal Government processes so

as to cause postponement of the scheduled

bid opening, and urgent Government

requirements preclude amendment of the

solicitation or other notice of an extension of

the opening date, the time specified for

receipt of bids will be deemed to be extended

to the same time of day specified in the

solicitation on the first work day on which

normal Government processes resume.

(End of provision)

6. Section 52.214–23 is amended in

the provision by revising the date in the

heading and adding paragraph (g) to

read as follows:

52.214–23 Late Submissions,

Modifications, and Withdrawals of

Technical Proposals Under Two-Step

Sealed Bidding.

* * * * *

Late Submissions, Modifications, and

Withdrawals of Technical Proposals Under

Two-Step Sealed Bidding (Aug 1996)

* * * * *

(g) If an emergency or unanticipated event

interrupts normal Government processes so

that technical proposals cannot be received at

the office designated for receipt of technical

proposals by the exact time specified in the

solicitation, and urgent Government

requirements preclude amendment of the

solicitation or other notice of an extension of

the closing date, the time specified for receipt

of technical proposals will be deemed to be

extended to the same time of day specified

in the solicitation on the first work day on

which normal Government processes resume.

If no time is specified in the solicitation, the

time for receipt is 4:30 p.m., local time, for

the designated Government office.

(End of provision)

7. Section 52.214–32 is amended in

the provision by revising the date in the

heading and adding paragraph (f) to

read as follows:

52.214–32 Late Submissions,

Modifications, and Withdrawals of Bids

(Overseas).

* * * * *

Late Submissions, Modifications, and

Withdrawals of Bids (Overseas) (Aug 1996)

* * * * *

(f) If an emergency or unanticipated event

interrupts normal Government processes so

as to cause postponement of the scheduled

bid opening, and urgent Government

requirements preclude amendment of the

solicitation or other notice of an extension of

the opening date, the time specified for

receipt of bids will be deemed to be extended

to the same time of day specified in the

solicitation on the first work day on which

normal Government processes resume.

(End of provision)

8. Section 52.214–33 is amended in

the provision by revising the date in the

heading and adding paragraph (e) to

read as follows:

52.214–33 Late Submissions,

Modifications, and Withdrawals of

Technical Proposals Under Two-Step

Sealed Bidding (Overseas).

* * * * *

Late Submissions, Modifications, and

Withdrawals of Technical Proposals Under

Two-Step Sealed Bidding (Overseas) (Aug

1996)

* * * * *

(e) If an emergency or unanticipated event

interrupts normal Government processes so

that technical proposals cannot be received at

the office designated for receipt of technical

proposals by the exact time specified in the

solicitation, and urgent Government

requirements preclude amendment of the

solicitation or other notice of an extension of

the closing date, the time specified for receipt

of technical proposals will be deemed to be

extended to the same time of day specified

in the solicitation on the first work day on

which normal Government processes resume.

If no time is specified in the solicitation, the

time for receipt is 4:30 p.m., local time, for

the designated Government office.

(End of provision)

9. Section 52.215–10 is amended by

revising the date in the heading of the

provision, and adding paragraph (i) to

read as follows:

52.215–10 Late Submissions,

Modifications, and Withdrawals of

Proposals.

* * * * *

Late Submissions, Modifications, and

Withdrawals of Proposals (Aug 1996)

* * * * *

(i) If an emergency or unanticipated event

interrupts normal Government processes so

that proposals cannot be received at the

office designated for receipt of proposals by

the exact time specified in the solicitation,

and urgent Government requirements

preclude amendment of the solicitation or

other notice of an extension of the closing

date, the time specified for receipt of

proposals will be deemed to be extended to

the same time of day specified in the

solicitation on the first work day on which

normal Government processes resume. If no

time is specified in the solicitation, the time

for receipt is 4:30 p.m., local time, for the

designated Government office.

(End of provision)

10. Section 52.215–36 is amended by

revising the date in the heading of the

provision, and adding paragraph (g) to

read as follows:

52.215–36 Late Submissions,

Modifications, and Withdrawals of

Proposals (Overseas).

* * * * *

Late Submissions, Modifications, and

Withdrawals of Proposals (Overseas) (Aug

1996)

* * * * *

(g) If an emergency or unanticipated event

interrupts normal Government processes so

that proposals cannot be received at the

office designated for receipt of proposals by

the exact time specified in the solicitation,

and urgent Government requirements

preclude amendment of the solicitation or

other notice of an extension of the closing

date, the time specified for receipt of

proposals will be deemed to be extended to

the same time of day specified in the

solicitation on the first work day on which

normal Government processes resume. If no

time is specified in the solicitation, the time

for receipt is 4:30 p.m., local time, for the

designated Government office.

(End of provision)

[FR Doc. 96–14520 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 15

[FAC 90–39; FAR Case 95–027; Item VI]

RIN 9000–AG97

Federal Acquisition Regulation; Armed

Services Pricing Manual

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 have

agreed on a final rule to amend the

Federal Acquisition Regulation (FAR) 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.