Acquisition Regulation, 11583 [05-4605]

Agencies

• Office of the Secretary
• DEPARTMENT OF HEALTH AND HUMAN SERVICES

[Federal Register Volume 70, Number 45 (Wednesday, March 9, 2005)]
[Rules and Regulations]
[Page 11583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-4605]


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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Office of the Secretary

48 CFR Chapter 3


Acquisition Regulation

AGENCY: Department of Health and Human Services (HHS).

ACTION: Final rule; correction.

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SUMMARY: The Department of Health and Human Services is correcting a 
direct final rule that appeared in the Federal Register on January 3, 
2005 amending its acquisition regulation (HHSAR). Significant adverse 
comments were not received and the direct final rule became effective 
on March 4, 2005. The final rule is being corrected to address non-
adverse comments received in response to the direct final rule.

DATE: Effective Date: Effective on March 9, 2005.

FOR FURTHER INFORMATION CONTACT: Tracey Mock, Office of Acquisition 
Management and Policy, telephone (202) 205-4430, e-mail: Tracey.Mock@
hhs.gov.

SUPPLEMENTARY INFORMATION:

A. Background

    The Department of Health and Human Services issued a direct final 
rule on January 3, 2005 amending its acquisition regulation (HHSAR) and 
comments were due by February 2, 2005. Comments were received 
requesting (1) that contracts covered by the Service Contract Act not 
be excluded from the authority to write service contracts for a period 
of up to 10 years, (2) that the assignment of order numbers be up to 
seventeen digits, rather than requiring that all orders be comprised of 
seventeen digits, and (3) the redesignation of paragraphs pertaining to 
numbering acquisitions. The direct final rule, which became a final 
rule on March 4, 2005, is being corrected to reflect these comments.

List of Subjects in 48 CFR, Parts 304, 317, and 352.

    Government procurement.

    Dated: March 3, 2005.
Ed Sontag,
Assistant Secretary for Administration and Management.

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Accordingly, 48 CFR chapter 3, parts 304, 317, and 352 are corrected as 
follows:
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1. The authority citation for 48 CFR chapter 3, parts 304, 317, and 352 
continues to read as follows:

    Authority: 5 U.S.C. 301; 40 U.S.C. 486(c).

PART 304--ADMINISTRATIVE MATTERS


304.7001  Numbering Acquisitions. [Amended]

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2. Redesignate paragraph 304.7001(d) as paragraph 304.7001(e).

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3. Redesignate paragraph 304.7001(c) as paragraph 304.7001(d).

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4. Revise paragraph (a) introductory text and add paragraph (c) of 
Section 304.7001 to read as follows:


304.7001  Numbering acquisitions.

    a. Acquisitions which require numbering. The following acquisitions 
shall be numbered in accordance with the system prescribed in 
paragraphs (b), (c), and (d) of this section:
    b. * * *
    c. Numbering system for orders. Order numbers will be assigned to 
contracts with orders. The order number shall be up to a seventeen 
digit number consisting of the following:
    (1) The three digit identification code of the Department (HHS);
    (2) A one digit numeric identification code of the servicing 
agency:

O Office of the Secretary
P Program Support Center
M Centers for Medicare & Medicaid Services
F Food and Drug Administration
D Centers for Disease Control and Prevention
I Indian Health Service
S Substance Abuse and Mental Health Administration
N National Institutes of Health
H Health Resources and Services Administration
A Agency for Health Care Research and Quality;

    (3) The three digit numeric identification code assigned by the 
Office of Acquisition Management and Policy (OAMP) to the contracting 
office within the servicing agency;
    (4) An alphanumeric tracking number, up to ten characters, the 
content of which is determined by the contracting office within the 
servicing agency.
* * * * *

PART 317--SPECIAL CONTRACTING METHODS

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5. Correct section to read as follows:


317.204  Contracts

    The total of the basic and option periods shall not exceed 10 years 
in the case of services and the total of the basic and option 
quantities shall not exceed the requirement for 5 years in the case of 
supplies. These limitations do not apply to information technology 
contracts. However, statutes applicable to various classes of contracts 
may place additional restrictions on the length of contracts.

PART 352--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


352.224-70  [Amended]

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6. In 352.224-70 amend paragraph (g) by removing ``The provisions of 
paragraph (e) of this clause shall not apply when the information is 
subject to conflicting or overlapping provisions in other Federal, 
State, or local laws'' and adding ``The provisions of paragraph (d) of 
this clause shall not apply when the information is subject to 
conflicting or overlapping provisions in other Federal, State, or local 
laws'' in its place.

[FR Doc. 05-4605 Filed 3-8-05; 8:45 am]
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