31618 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

48 CFR Part 6

[FAC 90–39; FAR Case 96–302; Item III]

RIN 9000–AH00

Federal Acquisition Regulation;

Justification and Approval Thresholds

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

raise the dollar thresholds pertaining to

approval for the use of other than full

and open competition in the acquisition

process. 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 96–

302.

SUPPLEMENTARY INFORMATION:

A. Background

Section 4102 of the Fiscal Year 1996

Defense Authorization Act (Public Law

104–106) 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.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. Therefore,

the Regulatory Flexibility Act does not

apply. However, comments from small

entities concerning the affected subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C.

601, et seq. (FAC 90–39, FAR case 96–

302), in correspondence.

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 Part 6

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 6 is amended

as set forth below:

PART 6—COMPETITION

REQUIREMENTS

1. The authority citation for 48 CFR

Part 6 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).

2. Section 6.304 is amended in

paragraph (a)(1) by revising ‘‘$100,000’’

to read ‘‘$500,000’’; in (a)(2) by revising

‘‘$100,000’’ to read ‘‘$500,000’’ and

‘‘$1,000,000’’ to read ‘‘$10,000,000’’; in

(a)(3) introductory text by revising

‘‘$1,000,000’’ to read ‘‘$10,000,000’’ and

‘‘$10,000,000’’ to read ‘‘$50,000,000’’;

and revising (a)(4) to read as follows:

6.304 Approval of the justification.

(a) * * *

(4) For a proposed contract over

$50,000,000, by the senior procurement

executive of the agency designated

pursuant to the OFPP Act (41 U.S.C.

414(3)) in accordance with agency

procedures. This authority is not

delegable except in the case of the

Under Secretary of Defense (Acquisition

and Technology), acting as the senior

procurement executive for the

Department of Defense.

* * * * *

[FR Doc. 96–14518 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 14, 15, 17, 25, and 52

[FAC 90–39; FAR Case 93–606; Item IV]

RIN 9000–AF39

Federal Acquisition Regulation;

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

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final.

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

implement the Memorandum of

Understanding Between the United

States of America and the European

Economic Community on Government

Procurement (MOU) and to implement

the sanctions imposed by the President

on the European community (EC)

prohibiting the award of certain

contracts for EC products, services, and

construction. 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.

Peter O’Such at (202) 501–1759 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 93–

606.

SUPPLEMENTARY INFORMATION:

A. Background

An interim rule was published in the

Federal Register on May 28, 1993 (58

FR 31140) (FAC 90–18). Revisions based

on the analysis of public comments

were incorporated in the interim rule

published in FAC 90–19 as part of the

implementation of the North American

Free Trade Agreement Implementation

Act (FAR case 93–310) (59 FR 544,

January 5, 1994). The rule was further

amended by an interim rule published

in FAC 90–36 to implement the

Uruguay Round Agreement Act (FAR

case 95–304) (60 FR 67514, December

29, 1995).

B. Regulatory Flexibility Act

The Regulatory Flexibility Act, 5

U.S.C. 601, et seq., applies to this final
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