31664 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

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

inform offerors under construction

solicitations that the Government may

reject bids as nonresponsive if the prices

are materially unbalanced. The

proposed rule was published in the

Federal Register at 56 FR 29539, June

27, 1991. 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.

Jack O’Neill at (202) 501–3856 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 91–31.

SUPPLEMENTARY INFORMATION:

A. Background

The FAR was previously amended to

include unbalanced bidding provisions

at 52.214–10, Contract Award—Sealed

Bidding, and 52.215–16, Contract

Award, for supplies and services

procured under sealed bidding and

negotiation procedures. At that time, the

unbalanced bidding provisions were not

made applicable to construction

solicitations. However, the Civilian

Agency Acquisition Council and the

Defense Acquisition Regulations

Council have decided that, for

consistency, construction solicitations

should include a similar provision to

notify offerors that their bids may be

rejected as nonresponsive if the prices

are materially unbalanced.

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 within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601, et seq., because

unbalanced bidding provisions have

already been incorporated in

solicitations, for other than

construction, with no known impact on

the small business community. 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 OMB

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 52 is amended

as set forth below:

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

1. The authority citation for 48 CFR

Part 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).

2. Section 52.214–19 is amended by

revising the date of the provision to read

‘‘(AUG 1996)’’; and by adding paragraph

(d) to the provision to read as follows:

52.214–19 Contract Award—Sealed

Bidding—Construction.

* * * * *

CONTRACT AWARD—SEALED BIDDING—

CONSTRUCTION (AUG 1996)

* * * * *

(d) The Government may reject a bid as

nonresponsive if the prices bid are materially

unbalanced between line items or subline

items. A bid is materially unbalanced when

it is based on prices significantly less than

cost for some work and prices which are

significantly overstated in relation to cost for

other work, and if there is a reasonable doubt

that the bid will result in the lowest overall

cost to the Government even though it may

be the low evaluated bid, or if it is so

unbalanced as to be tantamount to allowing

an advance payment.

[FR Doc. 96–14545 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 52

[FAC 90–39; FAR Case 93–305; Item XXXI]

RIN 9000–AF54

Federal Acquisition Regulation; Small

Business Innovation Research Rights

in Data

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 to convert the interim rule

published at 59 FR 11386, March 10,

1994, to a final rule without change. The

rule amends the Federal Acquisition

Regulation (FAR) to implement Section

15(f) of the revised SBIR Program Policy

Directive published by the Small

Business Administration in the Federal

Register on January 26, 1993 (58 FR

6144). The revision to the clause, Rights

in Data—SBIR Program, increases the

small business concern’s data rights

retention period from 2 to 4 years. 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.

Jack O’Neill at (202) 501–3856 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–

305.

SUPPLEMENTARY INFORMATION:

A. Background

This rule implements Section 15(f) of

the revised SBIR Program Policy

Directive published by the SBA in the

Federal Register on January 26, 1993

(58 FR 6144). Section 15(f) implements

Section 103(f)(4) of Public Law 102–564,

‘‘Small Business Research and

Development Enhancement Act of

1992,’’ which increases the small

business concern’s data rights retention

period from 2 to 4 years.

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 within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601, et seq., because the

rule merely amends the FAR to conform

to the requirements of the Small

Business Innovation Research Program

Policy Directive published by the Small

Business Administration. 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,
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31665

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 52

Government procurement.

Interim Rule Adopted as Final Without

Change

Accordingly, the interim rule

amending 48 CFR Part 52, which was

published at 59 FR 11386, March 10,

1994 (FAC 90–20, Item XIX), is adopted

as a final rule without change.

The authority citation for 48 CFR Part

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. 96–14546 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 52

[FAC 90–39; FAR Case 92–001; Item XXXII]

RIN 9000–AG94

Federal Acquisition Regulation;

Inspection Clauses—Fixed Price

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 clarify certain

Federal Acquisition Regulation (FAR)

Inspection clauses pertaining to quality

assurance by replacing the words

‘‘without additional charge’’ with the

words ‘‘at no increase in contract price.’’

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: Ms.

Linda Klein at (202) 501–3775 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4035, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–39, FAR case 92–

001.

SUPPLEMENTARY INFORMATION:

A. Background

An amendment to FAR 52.246–4

published in Federal Acquisition

Circular 90–09 as FAR case 90–58 (see

56 FR 67135, December 27, 1991),

included the addition of the phrase

‘‘without additional charge’’ in

paragraph (d). A comment was received

questioning the phrase ‘‘without

additional charge.’’ As a result, this final

rule replaces the phrase ‘‘without

additional charge’’ with the phrase ‘‘at

no increase in contract price’’ in certain

FAR Inspection clauses for clarity.

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 FAR

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 92–001), in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because these final 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 OMB

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 52 is amended

as set forth below:

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

1. The authority citation for 48 CFR

Part 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).

§ 52.246–2, 52.246–4, 52.246–7, 52.246–12,

and 52.246–13 [Amended]

2. The clause dates in sections

52.246–2, 52.246–4, 52.246–7, 52.246–

12, and 52.246–13 are revised to read

‘‘(AUG 1996)’’; and sections 52.246–

2(d), 52.246–4(d), 52.246–7(c), and

52.246–12(e) are amended by removing

the words ‘‘without additional charge’’

and inserting ‘‘at no increase in contract

price’’ in their place; and section

52.246–13(a) is amended by removing

the words promptly and without

additional charge’’ and inserting

‘‘promptly, and at no increase in

contract price’’ in its place.

[FR Doc. 96–14547 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 52

[FAC 90–39; FAR Case 91–102; Item XXXIII]

RIN 9000–AF55

Federal Acquisition Regulation;

Termination for Convenience

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 language in the ‘‘Termination for

Convenience of the Government (FixedPrice)’’ clause. 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: Ms.

Linda Klein at (202) 501–3775 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–

102.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register at 58 FR 64826,

December 9, 1993. The proposed rule

amended the clause at FAR 52.249–2,

Termination for Convenience of the

Government (Fixed-Price), to clarify

existing language. Changes were made

to clarify that incremental payments

may be involved in some instances,

such as a partial termination action, and

to clarify the two instances when the

contractor forfeits its right of appeal.

After evaluation of public comments,

the Councils agreed to two changes in

the proposal. The first change revises

paragraph (e) of the clause by replacing

the word ‘‘amended’’ with the word

‘‘modified.’’ The second change revises

paragraph (i) by deleting the phrase

‘‘following a claim and final decision.’’

B. Regulatory Flexibility Act

The Department of Defense, the

General Services Administration, and