FAR Case 1999-302, 64 FR 72827, December 27, 1999. Construction Industry Payment
Protection Act of 1999; Proposed Rule.
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to implement the Construction
Industry Payment Protection (CIPP) Act of 1999. The CIPP Act amends the
Miller Act to provide that the amount of a payment bond must equal the
total amount payable by the terms of the contract, unless the
contracting officer determines that a payment bond in that amount is
impractical. The proposed rule also provides enhanced payment
protection for Government contracts not subject to the Miller Act. This
added protection is not required by the CIPP but is considered
beneficial to add consistency to the rule and to afford added
protection to subcontractors and suppliers on contracts less than
$100,000.00.
DATES: Interested parties should submit comments in writing on or
before February 28, 2000 to be considered in the formulation of a final
rule.
FAC 97-15, 64 FR 72413, December 27, 1999.(Pdf version)
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Item Subject FAR case Analyst
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I....... Pollution Control and Clean Air and Water. 97-033 Linfield
I....... Foreign Acquisition (Part 25 Rewrite). 97-024 Linfield
III..... Contract Bundling (Interim)...... 1997-306 De Stefano
(97-306)
IV...... Deobligation Authority........... 99-015 Klein
V....... Transition of the Financial Management 99-602 Nelson
System Software Program.
VI...... Document Availability............ 99-018 Moss
VII..... SBA's 8(a) Business Development Program. 98-011 Moss
VIII.... Special Simplified Procedures for 99-304 Moss
Purchases of Commercial Items in
Excess of the Simplified Acquisition Threshold.
IX...... Review of Award Fee Determinations 98-017 De Stefano
(Burnside-Ott).
X....... Nondisplacement of Qualified 99-600 O'Neill
Workers--Commercial Items.
XI...... Technical Amendments
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Competition Under Multiple-Award
Contracts; Proposed Rule, 64 FR 70157, December 15, 1999.
FAR Case 1999-014.
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to clarify what contracting
officers should consider when planning for multiple awards of
indefinite-delivery contracts and clarify how orders should be placed
against the resultant contracts.
DATES: Interested parties should submit comments in writing on or
before February 14, 2000 to be considered in the formulation of a final
rule.
FAC 97-14, 64 FR 36221, September 24, 1999.(Pdf version)
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Item Subject FAR case Analyst
--------------------------------------------------------------------------------
I......... Very Small Business Concerns............... 98-013 Moss.
II........ Historically Underutilized Business Zone 97-307 Moss.
(HUBZone) Empowerment Contracting Program.
III....... Use of Competitive Proposals............... 99-001 DeStefano.
IV........ Javits-Wagner-O'Day Proposed Revisions..... 98-602 DeStefano.
V......... OMB Circular A-119............... 98-004 Moss.
VI........ Determination of Price Reasonableness and 98-300 Olson.
Commerciality (Interim).
VII....... Conforming Late Offer Treatment............ 97-030 DeStefano.
VIII...... Evaluation of Proposals for Professional 97-038 Olson.
Services.
IX........ Option Clause Consistency.................. 98-606 DeStefano.
X......... Compensation for Senior Executives......... 98-301 Nelson.
XI........ Interest and Other Financial Costs......... 98-006 Nelson.
XII....... Cost-Reimbursement Architect-Engineer 97-043 O'Neill.
Contracts.
XIII...... Conditionally Accepted Items............... 98-002 Klein.
XIV....... Value Engineering Change Proposals/PAT..... 97-031 Klein.
XV........ Cost Accounting Standards Post-Award 98-003 Nelson.
Notification.
XVI........ Technical Amendments...............
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FAR Case 99-010, 64 FR 37359, July 9, 1999. Federal Acquisition Regulation; Contractor Responsibility, Labor Relations Costs, and Costs Relating to Legal and Other Proceedings; Proposed Rule
FAC 97-13, 64 FR 36221, July 2, 1999.(Pdf version)
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (the Councils) have agreed to adopt the
interim rules published in the Federal Register at 63 FR 35719, June
30, 1998; 63 FR 36120, July 1, 1998; 63 FR 52426, September 30, 1998;
and 63 FR 71721, December 29, 1998, as final rules with changes. These
amendments conform to a Department of Justice (DoJ) model for reform of
affirmative action in Federal procurement. DoJ's proposal is designed
to ensure compliance with the constitutional standards established by
the Supreme Court in Adarand Constructors, Inc. v. Pena, 115 S. Ct.
2097 (1995).
DATES: Effective Date: October 1, 1999.
FAC 97-12, 64 FR 32739, June 17, 1999. PDF Version
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Item Subject FAR case Analyst
-----------------------------------------------------------
I... Taxpayer Identification Numbers. 97-003 Olson.
II.. Use of Brand Name Item Descriptions. 96-018 Moss.
III. SBA's 8(a) Business Development Program (Interim). 98-011 Moss.
IV.. Competition Under Multiple Award Task 98-007 DeStefano.
and Delivery Order Contracts.
V.. Application of the Brooks Act. 98-023 O'Neill.
VI. Restrictions on the Acquisition of Information Technology. 98-306 Nelson.
VI..Technical Amendments
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FAR Case 99-600: Nondisplacement of Qualified Workers-
Commercial Items; Proposed Rule, 64 FR 32737, June 17, 1999.
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to add the clause title, Nondisplacement
of Qualified Workers, to the clause concerning Contract Terms and
Conditions Required to Implement Statutes or Executive Orders--
Commercial Items. This addition would permit inclusion of the clause,
by reference, in solicitations and contracts for commercial services,
when determined appropriate by the contracting officer.
DATES: Comments should be submitted on or before August 16, 1999 to be
considered in the formulation of a final rule. PDF Version
FAR Case 98-032: Relocation Costs; Proposed Rule. 64 FR 28329, May 25, 1999. SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to remove the ceilings imposed on certain
types of relocation costs; to remove specific references to mortgage
interest differential and rental differential payments; to permit
reimbursement of relocation costs on a lump-sum basis in certain
situations; and to make allowable payments for spouse employment
assistance and for increased employee income and Federal Insurance
Contributions Act (FICA) taxes incident to allowable reimbursed
relocation costs.
DATES: Comments should be submitted on or before July 26, 1999, to be
considered in the formulation of a final rule. PDF version.
FAR Case 94-753, Travel Costs; Proposed Rule. 64 FR 27653, May 20, 1999. SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to remove the limitation that costs
incurred by contractor personnel for lodging, meals, and incidental
expenses be considered reasonable and allowable only to the extent that
they do not exceed the maximum per diem rates set forth in the Federal
Travel Regulation (FTR), the Joint Travel Regulations (JTR), or the
Standardized Regulations (SR).
DATES: Comments should be submitted on or before July 19, 1999 to be
considered in the formulation of a final rule. PDF version
FAR Case 98-033: Pollution Control and Clean Air and Water, 64 FR 26263, May 13, 1999. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are proposing to amend the Federal Acquisition Regulation (FAR) to remove Subpart 23.1, 52.223-1, and 52.223-2. Improvements that are being implemented by the Environmental Protection Agency (EPA) will enable it to identify and provide more up- to-date information on facilities that, because of their involvement in criminal violations of the Clean Air Act (CAA) or Clean Water Act (CWA), may not be used in the performance of Government contracts. Although this amendment eliminates the certification burden on offerors and bidders, the proposed changes represent no change to longstanding Federal policy that until such time as EPA determines that the causes giving rise to criminal CAA or CWA violations have been corrected, a contracting officer must not award a contract to be performed by convicted persons at ineligible facilities. PDF Version
FAR Case 98-017: Review of Award Fee Determinations, 64 FR 24471, May 6, 1999. The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are proposing to amend the Federal Acquisition Regulation (FAR). The amendment implements rulings of the United States Court of Appeals and the United States Court of Federal Claims. The rulings are that the Contract Disputes Act applies to all disputes arising under Government contracts unless a more specific statute provides for other remedies arising from a contract dispute. PDF Version
Commerce Acquisition Regulation; Agency Protest Procedures. 64 FR 16651, April 6, 1999. Effective May 6, 1999. Commerce publishes its rules for Agency Level Protests to implement the requirements of Executive Order 12979 and the Federal Acquisition Regulation (FAR) Part 33, Section 103, to include ``Agency Protest Procedures-Level Above the Contracting Officer.
Federal Acquisition Circular 97-11. 64 FR 10529, March 4. 1999. Pdf version.
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Item Subject FAR case Analyst
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I.......... Review of FAR Representations. 96-013 Linfield.
II......... Very Small Business Concerns 98-013 Moss.
(Interim).
III........ Variation in Quantity......... 98-612 Moss.
IV......... Electronic Funds Transfer..... 91-118 Olson.
V.......... Waiver of Cost or Pricing Data 98-302 De Stefano.
for Subcontracts.
VI......... Executive Order 12933, 94-610 O'Neill.
Nondisplacement of Qualified
Workers Under Certain Contracts.
VII......... Recruitment Costs Principle... 98-001 Nelson.
VIII........ Compensation for Senior Executives 98-301 Nelson.
(Interim).
IX.......... Technical Amendments.
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Conforming Late Offer Treatment; Proposed Rule. FAR Case 97-030. 64 FR 4247, January 27, 1999. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are proposing to amend the Federal Acquisition Regulation (FAR) to align guidance regarding receipt of late offers for commercial, sealed bid, and negotiated acquisitions.
FAC97-07 Correction 63 FR 71721, December 31, 1998.
SUMMARY: The Department of Defense, the General Services
Administration, and the National Aeronautics and Space Administration
have agreed to issue an addendum to correct Federal Acquisition
Circular (FAC) 97-07 to make amendments to the Federal Acquisition
Regulation (FAR) concerning programs for small disadvantaged business
(SDB) concerns. These changes are needed to provide additional time for
subcontractors to become certified under rules issued by the Small
Business Administration. These amendments allow contractors acting in
good faith to accept the self-representation of subcontractors as to
their status as small disadvantaged business concerns. It is
anticipated that by July 1, 1999, a sufficient number of firms will
have been certified and the changes made by this rule rescinded. After
that date, solicitations will require contractors to use certified SDBs
as subcontractors to take advantage of the SDB Participation Program.
No other aspects of FAC 97-07 are being modified. Pdf version
FAC 97-10, 63 FR 70263, December 18, 1998.
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Item Subject FAR case Analyst
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I............... Historically Underutilized Business Zone 97-307 Moss.
(HUBZone) Empowerment Contracting Program
(Interim).
II.............. Limits for Indefinite-Quantity Contracts.... 98-016 DeStefano.
III............. Office of Federal Contract Compliance 98-607 O'Neill.
Programs National Pre-Award Registry.
IV.............. Limitation on Allowability of Compensation 97-303 Nelson.
for Certain Contractor Personnel.
V............... Contractor Purchasing System Review 97-016 Klein.
Exclusions.
VI.............. Contract Quality Requirements............... 96-009 Klein.
VII............. Mandatory Government Source Inspection...... 97-027 Klein.
VIII............ No-Cost Value Engineering Change Proposals.. 96-011 Klein.
IX.............. Evidence of Shipment in Electronic Data 97-011 Nelson.
Interchange Transactions.
X............... Technical Amendments........................
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FAC97-10, PDF version without forms
FAC97-10, PDF version forms
FAC97-10, PDF version complete
FAR Case 96-018, Use of Brand Name Item Descriptions. 63 FR 63777, November 16, 1998. Proposed rule. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are proposing to amend the Federal Acquisition Regulation (FAR) to provide for the use of brand name purchase descriptions, including ``brand name or equal,'' ``brand name--no substitute,'' and ``brand name as target''; and to add two new related solicitation provisions.Pdf version
FAC 97-09, October 30, 1998. 63 FR 58585. PDF Version
Item Subject FAR case Analyst ------------------------------------------------------------------------ I.. Taxpayer Identification Numbers (Interim). 97-003 Olson. II. Electronic Commerce in Federal Procurement (Interim). 97-304 Nelson. III. Alternate Dispute Resolution--1996. 97-015 O'Neill. IV.. Pay-As-You-Go Pension Costs..... 89-012 Olson. V... Rehabilitation Act, Workers With Disabilities. 96-610 O'Neill. VI.. Civil Defense Costs............. 97-036 Nelson. VII. Costs Related to Legal/Other Proceedings. 95-020 Nelson. VIII.Service Contracts............... 97-302 Olson. IX. Payment Due Dates............... 97-609 Olson. X... Technical Amendments............
FAC 97-08, September 30, 1998. 63 FR 52425
Reform of Affirmative Action in Federal Procurement
FAC 97-08/FAR Case 97-004C. FAC 97-06, FAR case 97-004A, Reform of
Affirmative Action in Federal Procurement, published in the Federal
Register at 63 FR 35719, June 30, 1998, established in the FAR a price
evaluation adjustment (PEA) of up to 10 percent for small disadvantaged
businesses (SDB) for acquisitions in the Standard Industrial
Classification (SIC) Major Groups designated by the Department of
Commerce. This rule amends those regulations to accommodate the use of
the PEA in those Major Groups where eligibility has been determined by
region.PDF File
FAR Part 25 Rewrite, September 28, 1998, 63 FR 51641
The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to rewrite guidance and clauses on foreign
acquisition.
DATES: Comments should be submitted on or before November 27, 1998 to be considered in the formulation of a final rule.
PDF File
FAC 97-07, 63 FR 36119, 7/1/98. Effective October1, 1998 SUMMARY: The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration have agreed to issue Federal Acquisition Circular 97-07, as an interim rule to make amendments to the Federal Acquisition Regulation (FAR) concerning programs for small disadvantaged business (SDB) concerns. These amendments conform to a Department of Justice (DoJ) proposal to reform affirmative action in Federal procurement. DoJ's proposal is designed to ensure compliance with the constitutional standards established by the Supreme Court in Adarand Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995). This regulatory action was subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This is a major rule under 5 U.S.C. 804. PDF version.
FAC 97-06, 63 FR 35719, 6/30/98. SUMMARY: The Department of Defense, the General Services Administration, and the National Aeronautics and Space Administration have agreed to issue Federal Acquisition Circular 97-06, as an interim rule to make amendments to the Federal Acquisition Regulation (FAR) concerning programs for small disadvantaged business (SDB) concerns. These amendments conform to a Department of Justice (DoJ) proposal to reform affirmative action in Federal procurement. DoJ's proposal is designed to ensure compliance with the constitutional standards established by the Supreme Court in Adarand Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995). This regulatory action was subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This is a major rule under 5 U.S.C. 804. PDF version.
SBA Final Rule, 12 CFR 124, 6/30/98. SUMMARY: In response to the Department of Justice's review of Federal procurement affirmative action programs and amendments to the Federal Acquisition Regulation to implement a government-wide small disadvantaged business (SDB) program, the Small Business Administration (SBA) issues this final rule establishing the procedural framework for certifying firms as SDBs and for processing protests challenging the disadvantaged status of a firm claiming to be an SDB. PDF version.
SBA Final Rule, 8(a) Business Development/Small Disadvantaged Business, 6/30/98. SUMMARY: In response to President Clinton's government-wide regulatory reform initiative, the Small Business Administration (SBA) amends both the eligibility requirements for, and contractual assistance provisions within, the SBA's 8(a) Business Development (8(a) BD) program. This final rule changes the name of the program from the Minority Small Business and Capital Ownership Development program to the 8(a) BD program to better reflect the purpose of the program. This rule streamlines the operation of the 8(a) BD program, eases certain restrictions perceived to be burdensome on Program Participants, clarifies certain eligibility requirements, and deletes obsolete regulations. PDF version.
FAC 97-05, 63 FR 34057, June 22, 1998. I Subcontract Consent; II Availability of Specifications; III Liquidated Damages; IV Limits on Fee for Cost-Plus-Incentive-Fee and Cost-Plus-Award-Fee Contracts; V Rehabilitation Act, Workers With Disabilities (Interim); VI Trade Agreements Thresholds; VII Restrictions on Purchases from Sudan; VIII Software Copyrights; IX Travel Reimbursement; X No-Cost Value Engineering Change Proposals (Interim); XI Technical Amendments; XII Availability of FAR via Internet.PDF version, without forms. PDF version with forms.
Proposed Rule-Progress Payments, pdf version. 63 FR 11073, March 5, 1998. Advance notice of proposed rulemaking and public meeting. See DOD's Cost, Pricing, and Finance Internet Office Home Page for more information.
FAC 97-04, February 23, 1998, pdf version I . Use of Data Universal Numbering System as the Primary Contractor Identification .. Final Rule [FAR Case 95-307] Moss. II . Federal Compliance With Right-To-Know Laws and Pollution Prevention Requirements .. Final Rule [FAR Case 92-054B] Linfield. III . Review of Procurement Integrity Clauses .. Final Rule [FAR Case 97-601] Linfield. IV . Certificate of Competency .. Final Rule [FAR Case 96-002] Moss. V . Applicability of Cost Accounting Standards (CAS) Coverage .. Final Rule [FAR Case 97-020] Nelson. VI . OMB Circular No. A133 .. Final Rule [FAR Case 97-029] Olson. VII. SIC Code and Size Standard Appeals .. Final Rule [FAR Case 97-026] Moss. VIII. Small Business Competitiveness Demonstration Program .. Final Rule [FAR Case 97-305] Moss. IX . Special Disabled and Vietnam Era Veterans .. Final Rule [FAR Case 95-602] ONeill. X . Treatment of Caribbean Basin Country End Products .. Final Rule [FAR Case 97-039] Linfield. XI . Administrative Changes to Cost Accounting Standards (CAS) Applicability .. Final Rule [FAR Case 97-025] Nelson. XII. Changes in Contract Administration and Audit Cognizance .. Final Rule [FAR Case 95-022] Klein. XIII. Limitation on Allowability of Compensation for Certain Contractor Personnel (Interim) .. Interim Rule [FAR Case 97-303] Nelson. XIV . Transfer of Assets Following a Business Combination . .. Final Rule [FAR Case 96-006] Nelson. XV . Modular Contracting .. Final Rule [FAR Case 96-605] Nelson. XVI . Technical Amendments ..
FAC 97-03, December 9, 1997. Item I--Part 30 Deviations Final Rule (FAR Case 97-014); Item II--Information Technology Management Reform Act of 1996 Interim Rule (FAR Case 96-319); Item III--Final Overhead Settlement Final Rule (FAR Case 95-017); Item IV--Reorganization of FAR Part 13, Simplified Acquisition Procedures Final Rule (FAR Case 94-772); Item V--Reporting Trade Sanction Exemptions Final Rule (FAR Case 97-021); Item VI--New Mexico Gross Receipts and Compensating Tax Final Rule (FAR Case 97- 018); Item VII--Compensation of Certain Contractor Personnel Interim Rule (FAR Case 96- 325); Item VIII--Independent Research and Development/Bid and Proposal Costs for Fiscal Year 1996 and Beyond Final Rule (FAR Case 95-032); Item IX--Travel Reimbursement Interim Rule (FAR Case 97-007); Item X--Protests to GAO Final Rule (FAR Case 97-009); Item XI--Novation and Related Agreements Final Rule (FAR Case 95-034); Item XII--Commercial Bills of Lading, Small Package Shipments Final Rule (FAR Case 97-017); Item XIII--Standard Form 1406, Preaward Survey of Prospective Contractor--Quality Assurance Final Rule (FAR Case 96-022); Item XIV--Technical Amendments. This document makes technical corrections to FAR 1.201-1, 19.811-1, and 42.203. Standard Forms 33, 1435, 1436, and 1437 are reissued to reflect changes to internal references as a result of the rewrite of FAR part 15. Standard Form 279 is reissued to provide accounting for purchases under the commercial test. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 97-03 is effective February 9, 1998, except for Items VI, IX, and XIV, which are effective December 9, 1997. Pdf version with forms. Pdf version without forms.
Alternative Dispute Resolution-1996 FAR Case 97-015, October 27, 1997. Proposed rule to implement the Administrative Disputes Resolution Act of 1996 and Section 4321(a)(7) of the Clinger-Cohen Act. Pdf Version
Federal Acquisition Circular 97-02. September 30, 1997 Final rule for FAR Part 15 rewrite. Effective for all solicitations issued on or after October 10, 1997, However, agencies may delay implementation until January 1, 1998, at which time it becomes mandatory. Pdf Version
Federal Acquisition Circular 97-01, August 22, 1997 Interiem and final rules for Business Process Innovation, FASA and the Walsh-Healey Public Contracts Act, Irrevocable Letters of Credit and Alternatives to Miller Act Bonds, Automatic Data Processing Equipment Leasing Costs, Environmentally Sound Products, New FAR Certifications, Service Contracting, ADP/Telecommunications Federal Supply Schedules, Certificate of Competency (Interim), Economically Disadvantaged Individuals, Minority Small Business and Capital Ownership, Executive Order Nondisplacement of Qualified Workers Under Certain Contracts (Interim), Designation of Hong Kong, Foreign Differential Pay, Local Government Lobbying Costs, Independent Government Estimates--Construction, Year 2000 Compliance, and Modification of Existing Contracts under FASA and FARA.Pdf version
FAR Proposed Rule-Reform of Affirmative Action in Federal Procurement, May 9, 1997. PDF Version
FAR Proposed Rule-Empowerment Contracting, April 18, 1997.PDF version
----------------------Both Armed Services and Civilian Agency Provisions Only Civilian Agency Provisions Text version of Civilian Agency Provisions