Federal Acquisition Regulation; Section 508 Micropurchase Exemption, 18958-18959 [05-6866]

Download as PDF 18958 Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Rules and Regulations Inc., unless the agency making the purchase determines that the offered product or service provides the best value to the buying agency pursuant to Governmentwide procurement regulations issued pursuant to 41 U.S.C. 421(c)(1) that impose procedures, standards, and limitations of 10 U.S.C. 2410n. Section 637 became effective December 8, 2004. However, pursuant to Public Law 98–577 and FAR 1.501, the Councils will consider public comments received in response to this interim rule in the formation of the final rule. FPI for award in accordance with the item description or specifications, and evaluation factors in the solicitation— (A) If the solicitation is available through the Governmentwide point of entry (FedBizOpps), it is not necessary to provide a separate copy of the solicitation to FPI; (B) If the solicitation is not available through FedBizOpps, provide a copy of the solicitation to FPI; (iii) When using a multiple award schedule issued under the procedures in Subpart 8.4 or when using the fair opportunity procedures in 16.505— List of Subjects in 48 CFR Parts 8 and (A) Establish and communicate to FPI 25 the item description or specifications, Government procurement. and evaluation factors that will be used Dated: April 1, 2005. as the basis for selecting a source, so Rodney P. Lantier, that an offer from FPI can be evaluated Director, Contract Policy Division, General on the same basis as the contract or Services Administration. schedule holder; and I Therefore, DoD, GSA, and NASA (B) Consider a timely offer from FPI; amend 48 CFR parts 8 and 25 as set forth (iv) Award to the source offering the below: item determined by the agency to I 1. The authority citation for 48 CFR provide the best value to the parts 8 and 25 is revised to read as Government; and follows: (v) When the FPI item is determined to provide the best value to the Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). Government as a result of FPI’s response to a competitive solicitation, follow the PART 8—REQUIRED SOURCES OF ordering procedures at https:// SUPPLIES AND SERVICES www.unicor.gov. * * * * * I 2. Amend section 8.601 by adding paragraph (e) to read as follows: I 4. Amend section 8.605 by— I a. Removing the introductory text of 8.601 General. paragraph (a); * * * * * I b. Removing from the end of paragraph (e) Agencies are encouraged to (e) the word ‘‘or’’; and purchase FPI supplies and services to I c. Redesignating paragraph (f) as the maximum extent practicable. paragraph (g) and adding a new I 3. Amend section 8.602 by— paragraph (f) to read as follows: I a. Revising paragraph (a); I b. Revising the introductory text of 8.605 Exceptions. paragraph (b), paragraphs (b)(4)(ii) and * * * * * (b)(4)(iii); and adding paragraphs (f) Acquiring items that FPI offers (b)(4)(iv) and (b)(4)(v); exclusively on a competitive (nonI c. Removing from paragraph (c) mandatory) basis, as identified in the ‘‘8.605’’ and adding ‘‘8.605(b) through FPI Schedule; or (g)’’ in its place; and * * * * * I d. Removing paragraph (e) and redesignating paragraph (f) as paragraph PART 25—FOREIGN ACQUISITION (e). The revised text reads as follows: I 5. Amend section 25.401 by revising 8.602 paragraph (a)(4) to read as follows: Policy. (a) Agencies shall use the procedures in this subpart when purchasing supplies of the classes listed in the FPI Schedule. (b) In accordance with 10 U.S.C. 2410n and Section 637 of Division H of the Consolidated Appropriations Act, 2005 (Pub. L. 108–447), agencies shall— * * * * * (4) * * * (ii) Include FPI in the solicitation process and consider a timely offer from VerDate jul<14>2003 19:11 Apr 08, 2005 Jkt 205001 25.401 Exceptions. (a) * * * (4) Acquisitions from Federal Prison Industries, Inc., under Subpart 8.6, and acquisitions under Subpart 8.7, Acquisition from Nonprofit Agencies Employing People Who Are Blind or Severely Disabled; and * * * * * [FR Doc. 05–6865 Filed 4–8–05; 8:45 am] BILLING CODE 6820–EP–S PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 39 [FAC 2005–03; FAR Case 2004–020; Item II] RIN 9000–AK05 Federal Acquisition Regulation; Section 508 Micropurchase Exemption Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to convert the interim rule published in the Federal Register at 69 FR 59702, October 5, 2004, to a final rule without change. The final rule amends the Federal Acquisition Regulation (FAR) to extend the Electronic and Information Technology (Section 508) micropurchase exception from October 1, 2004 to April 1, 2005. DATES: Effective Date: April 11, 2005. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755 for information pertaining to status or publication schedules. For clarification of content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501–1900 or Ms. Angelena Moy, Case Manager, at (703) 602–1302. Please cite FAC 2005– 03, FAR case 2004–020. SUPPLEMENTARY INFORMATION: A. Background This final rule amends the Federal Acquisition Regulation. DoD, GSA, and NASA published an interim rule in the Federal Register at 69 FR 59702, October 5, 2004. One respondent submitted public comments. The comments submitted were deemed outside the scope of the rule. The Councils concluded that the interim rule should be converted to a final rule without change. The extension of the micropurchase exception until April 1, 2005, will provide agencies time to update their agency’s purchase card training modules on the 508 requirements and implement necessary training of personnel. Free online training developed by GSA, in collaboration with the Section 508 Executive Steering E:\FR\FM\11APR3.SGM 11APR3 Federal Register / Vol. 70, No. 68 / Monday, April 11, 2005 / Rules and Regulations Committee, is also available at https:// www.section508.gov. This is not a significant regulatory action and, therefore, was not subject to review under Section 6(b) of Executive Order 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. DEPARTMENT OF DEFENSE B. Regulatory Flexibility Act [FAC 2005–03; Item III] 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 keeps the status quo by continuing the micropurchase exemption to Section 508 until April 1, 2005. The extension of the micropurchase exception will not cause a significant impact on the disability community or industry. Federal Acquisition Regulation; Technical Amendments C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the changes to the FAR do not impose information collection requirements that 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 39 Government procurement. Dated: April 1, 2005. Rodney P. Lantier, Director, Contract Policy Division, General Services Administration. Interim Rule Adopted as Final Without Change Accordingly, the interim rule amending 48 CFR part 39, which was published at 69 FR 59702, October 5, 2004, is adopted as a final rule without change. I [FR Doc. 05–6866 Filed 4–8–05; 8:45 am] BILLING CODE 6820–EP–S NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Part 52 52.225–13 Jkt 205001 [Amended] 5. Amend section 52.225–13 by removing from the clause heading ‘‘(DEC 2003)’’ and adding ‘‘(MAR 2005)’’ in its place. I AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. [FR Doc. 05–6867 Filed 4–8–05; 8:45 am] This document makes amendments to the Federal Acquisition Regulation (FAR) in order to make editorial corrections. DATES: Effective Date: April 11, 2005. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS Building, Washington, DC, 20405, (202) 501–4755, for information pertaining to status or publication schedules. Please cite FAC 2005–03, Technical Amendments. GENERAL SERVICES ADMINISTRATION SUMMARY: List of Subjects in 48 CFR Part 52 Government procurement. BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Chapter 1 Federal Acquisition Regulation; Small Entity Compliance Guide Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Small Entity Compliance Guide. AGENCIES: Dated: April 1, 2005. Rodney P. Lantier, Director, Contract Policy Division, General Services Administration. 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 I Therefore, DoD, GSA, and NASA amend 48 CFR part 52 as set forth below: Aeronautics and Space Administration. This Small Entity Compliance Guide has PART 52—SOLICITATION PROVISIONS been prepared in accordance with AND CONTRACT CLAUSES Section 212 of the Small Business Regulatory Enforcement Fairness Act of I 1. The authority citation for 48 CFR 1996. It consists of a summary of rules part 52 is revised to read as follows: appearing in Federal Acquisition Authority: 40 U.S.C. 121(c); 10 U.S.C. Circular (FAC) 2005–03 which amend chapter 137; and 42 U.S.C. 2473(c). the FAR. An asterisk (*) next to a rule indicates that a regulatory flexibility 52.212–5 [Amended] analysis has been prepared. Interested I 2. Amend section 52.212–5 by revising parties may obtain further information the date of the clause to read ‘‘(APR regarding these rules by referring to FAC 2005)’’; and by removing from paragraph 2005–03 which precedes this document. (b)(26) ‘‘(DEC 2003)’’ and adding ‘‘(MAR These documents are also available via 2005)’’ in its place. the Internet at https://www.acqnet.gov/ far. 52.213–4 [Amended] 3. Amend section 52.213–4 by revising the date of the clause to read ‘‘(APR 2005)’’; and by removing from paragraph (a)(1)(iv) ‘‘(DEC 2003)’’ and adding ‘‘(MAR 2005)’’ in its place. 19:11 Apr 08, 2005 [Amended] 4. Amend section 52.219–18, in Alternate I, by removing ‘‘(Nov 1989)’’ and adding ‘‘(Apr 2005)’’ in its place; removing ‘‘subparagraph (a)(4)’’ and adding ‘‘paragraph (a)(3)’’ in its place; and removing the paragraph designation ‘‘(4)’’ and adding ‘‘(3)’’ in its place. I GENERAL SERVICES ADMINISTRATION I VerDate jul<14>2003 52.219–18 18959 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Laurieann Duarte, FAR Secretariat, (202) 501–4755. For clarification of content, contact the analyst whose name appears in the table below. E:\FR\FM\11APR3.SGM 11APR3

Agencies

[Federal Register Volume 70, Number 68 (Monday, April 11, 2005)]
[Rules and Regulations]
[Pages 18958-18959]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-6866]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 39

[FAC 2005-03; FAR Case 2004-020; Item II]
RIN 9000-AK05


Federal Acquisition Regulation; Section 508 Micropurchase 
Exemption

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 (Councils) have agreed to convert the 
interim rule published in the Federal Register at 69 FR 59702, October 
5, 2004, to a final rule without change. The final rule amends the 
Federal Acquisition Regulation (FAR) to extend the Electronic and 
Information Technology (Section 508) micropurchase exception from 
October 1, 2004 to April 1, 2005.

DATES: Effective Date: April 11, 2005.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Linda Nelson, Procurement 
Analyst, at (202) 501-1900 or Ms. Angelena Moy, Case Manager, at (703) 
602-1302. Please cite FAC 2005-03, FAR case 2004-020.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends the Federal Acquisition Regulation. DoD, 
GSA, and NASA published an interim rule in the Federal Register at 69 
FR 59702, October 5, 2004. One respondent submitted public comments. 
The comments submitted were deemed outside the scope of the rule. The 
Councils concluded that the interim rule should be converted to a final 
rule without change.
    The extension of the micropurchase exception until April 1, 2005, 
will provide agencies time to update their agency's purchase card 
training modules on the 508 requirements and implement necessary 
training of personnel. Free online training developed by GSA, in 
collaboration with the Section 508 Executive Steering

[[Page 18959]]

Committee, is also available at https://www.section508.gov.
    This is not a significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of Executive Order 12866, 
Regulatory Planning and Review, dated September 30, 1993. This rule is 
not a major rule under 5 U.S.C. 804.

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 keeps the 
status quo by continuing the micropurchase exemption to Section 508 
until April 1, 2005. The extension of the micropurchase exception will 
not cause a significant impact on the disability community or industry.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that 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 39

    Government procurement.

    Dated: April 1, 2005.
Rodney P. Lantier,
Director, Contract Policy Division, General Services Administration.

Interim Rule Adopted as Final Without Change

0
Accordingly, the interim rule amending 48 CFR part 39, which was 
published at 69 FR 59702, October 5, 2004, is adopted as a final rule 
without change.
[FR Doc. 05-6866 Filed 4-8-05; 8:45 am]
BILLING CODE 6820-EP-S

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