66990 Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations

concern, see 19.6 with respect to

certificates of competency).

* * * * *

PART 15—CONTRACTING BY

NEGOTIATION

6. Amend section 15.503 by revising

paragraph (a)(1) to read as follows:

15.503 Notification to unsuccessful

offerors.

(a) Preaward notices—(1) Preaward

notices of exclusion from competitive

range. The contracting officer shall

notify offerors promptly in writing

when their proposals are excluded from

the competitive range or otherwise

eliminated from the competition. The

notice shall state the basis for the

determination and that a proposal

revision will not be considered.

* * * * *

PART 31—CONTRACT COST

PRINCIPLES AND PROCEDURES

31.205–21 [Amended]

7. Amend section 31.205–21 by

removing the paragraph designation

‘‘(a)’’; and by removing paragraph (b) in

its entirety.

8. Amend section 31.205–47 in

paragraph (a) by adding, in alphabetical

order, the definition ‘‘Fraud’’ (which

was removed in the December 20, 2000,

final rule (65 FR 80255) and stayed

effective April 3, 2001); and by revising

paragraph (b)(2) to read as follows:

31.205–47 Costs related to legal and other

proceedings.

(a) * * *

Fraud, as used in this subsection,

means—

(1) Acts of fraud or corruption or

attempts to defraud the Government or

to corrupt its agents;

(2) Acts which constitute a cause for

debarment or suspension under 9.406–

2(a) and 9.407–2(a); and

(3) Acts which violate the False

Claims Act, 31 U.S.C., sections 3729–

3731, or the Anti-Kickback Act, 41

U.S.C., sections 51 and 54.

* * * * *

(b) * * *

(2) In a civil or administrative

proceeding, either a finding of

contractor liability where the

proceeding involves an allegation of

fraud or similar misconduct or

imposition of a monetary penalty where

the proceeding does not involve an

allegation of fraud or similar

misconduct;

* * * * *

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

52.209–5 [Amended]

9. In section 52.209–5—

a. Revise the date of the provision to

read ‘‘(DEC 2001)’’;

b. In paragraph (a)(1)(i)(B), remove

‘‘the three-year’’ and add ‘‘a three-year’’

in its place; and add ‘‘and’’ at the end

of the paragraph;

c. In paragraph (a)(1)(i)(C), at the end

of the paragraph, remove ‘‘; and’’ and

add a period in its place; and

d. Remove paragraph (a)(1)(ii), and

redesignate paragraph (a)(1)(iii) as

(a)(1)(ii).

10. Amend section 52.212–3 by

revising the date of the provision and

paragraph (h) to read as follows:

52.212–3 Offeror Representations and

Certifications—Commercial Items.

OFFEROR REPRESENTATIONS AND

CERTIFICATIONS—COMMERCIAL ITEMS (Dec

2001)

(h) Certification Regarding Debarment,

Suspension or Ineligibility for Award

(Executive Order 12549). The offeror certifies,

to the best of its knowledge and belief, that—

(1) The offeror and/or any of its principals

[ ] are, [ ] are not presently debarred,

suspended, proposed for debarment, or

declared ineligible for the award of contracts

by any Federal agency; and

(2) [ ] Have, [ ] have not, within a threeyear period preceding this offer, been

convicted of or had a civil judgment rendered

against them for: commission of fraud or a

criminal offense in connection with

obtaining, attempting to obtain, or

performing a Federal, state or local

government contract or subcontract; violation

of Federal or state antitrust statutes relating

to the submission of offerors; or commission

of embezzlement, theft, forgery, bribery,

falsification or destruction of records, making

false statements, tax evasion, or receiving

stolen property; and [ ] are, [ ] are not

presently indicted for, or otherwise

criminally or civilly charged by a

Government entity with, commission of any

of these offenses.

(End of provision)

[FR Doc. 01–31302 Filed 12–26–01; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Chapter 1

Federal Acquisition Regulation; Small

Entity Compliance Guide

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Small Entity Compliance Guide.

SUMMARY: This document is issued

under the joint authority of the

Secretary of Defense, the Administrator

of General Services and the

Administrator for the National

Aeronautics and Space Administration.

This Small Entity Compliance Guide has

been prepared in accordance with

section 212 of the Small Business

Regulatory Enforcement Fairness Act of

1996 (Pub. L. 104–121). It consists of a

summary of rules appearing in Federal

Acquisition Circular (FAC) 2001–03

which amend the FAR. An asterisk (*)

next to a rule indicates that a regulatory

flexibility analysis has been prepared in

accordance with 5 U.S.C. 604. Interested

parties may obtain further information

regarding these rules by referring to FAC

2001–03 which precedes this document.

These documents are also available via

the Internet at http://www.arnet.gov/far.

FOR FURTHER INFORMATION CONTACT:

Laurie Duarte, FAR Secretariat, (202)

501–4225. For clarification of content,

contact the analyst whose name appears

in the table below.

LIST OF RULES IN FAC 2001–03

Item Subject FAR case Analyst

I ......... Contractor Responsiblity, Labor Relations Costs, and Costs Relating to Legal and Other

Proceedings.

1999–010 (stay) De Stefano.

II ........ Contractor Responsibility, Labor Relations Costs, and Costs Relating to Legal and Other

Proceedings—Revocation.

2001–014 De Stefano.

Federal Register / Vol. 66, No. 248 / Thursday, December 27, 2001 / Rules and Regulations 66991

Item I—Contractor Responsibility,

Labor Relations Costs, and Costs

Relating to Legal and Other

Proceedings (FAR Case 1999–010

(Stay))

The Federal Acquisition Regulatory

Council (FAR Council) published in the

Federal Register at 65 FR 80255,

December 20, 2000, a final rule

addressing contractor responsibility and

costs incurred in legal and other

proceedings. After further review, the

FAR Council published an interim rule

in the Federal Register at 66 FR 17754,

April 3, 2001, staying that rule. This

final rule terminates the stay.

Item II—Contractor Responsibility,

Labor Relations Costs, and Costs

Relating to Legal and Other

Proceedings—Revocation (FAR Case

2001–014)

The Federal Acquisition Regulatory

Council (FAR Council) published in the

Federal Register at 66 FR 17758, April

3, 2001, a proposed rule (April proposed

rule) with a request for public

comments. The April proposed rule

proposed revoking a final rule

published in the Federal Register at 65

FR 80255, December 20, 2000

(December final rule). The December

final rule addressed responsibility and

costs incurred in legal and other

proceedings. This rule finalizes the

April 3, 2001, proposed rule.

Dated: December 14, 2001.

Gloria M. Sochon,

Acting Director, Acquisition Policy Division.

[FR Doc. 01–31303 Filed 12–26–01; 8:45 am]

BILLING CODE 6820–EP–P