Federal Acquisition Regulation; FAR Case 2006-016, Numbered Notes for Synopses, 10960-10962 [E8-3379]
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10960
Federal Register / Vol. 73, No. 40 / Thursday, February 28, 2008 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 5, 6, 10, 12, and 25
[FAC 2005–24; FAR Case 2006–016; Item
II; Docket 2008–0001; Sequence 2]
RIN 9000–AK70
Federal Acquisition Regulation; FAR
Case 2006–016, Numbered Notes for
Synopses
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 on a final rule
amending the Federal Acquisition
Regulation (FAR) to update and clarify
policy for synopses of proposed contract
actions and to delete all references to
Numbered Notes (hereafter referred to as
‘‘Notes’’).
DATES: Effective Date: March 31, 2008
FOR FURTHER INFORMATION CONTACT: Mr.
Ernest Woodson, Procurement Analyst,
at (202) 501–3775 for clarification of
content. For information pertaining to
status or publication schedules, contact
the FAR Secretariat at (202) 501–4755.
Please cite FAC 2005–24, FAR case
2006–016.
SUPPLEMENTARY INFORMATION:
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A. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
72 FR 10964, March 12, 2007,
requesting comments on amending the
Federal Acquisition Regulation (FAR) to
update and clarify policy for synopses
of proposed contract actions and to
delete all references to Notes in the FAR
and Federal Business Opportunities
(FedBizOpps) electronic publication.
The comment period closed May 11,
2007. Four sources submitted comments
on the proposed rule. A discussion of
the comments and the changes made to
the rule as a result of those comments
are provided below:
Comment A: One commenter noted
that the Notes were helpful when the
buyer fails to provide the required
information in the body of the synopsis
and stated there should be more dropdown boxes to replace the Notes in
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19:08 Feb 27, 2008
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order to get more standardized
synopses.
Response: Drop-down menus are
provided only for those information
elements that are mandatory, regardless
of the synopsis action and procurement
requirement (e.g., classification code,
country code, and set-aside code) and
that are conducive to incorporation in
such menus. Incorporating all potential
information that might be relevant to a
synopsis into the form of drop-down
menus would make the FedBizOpps
design lengthy, cumbersome and costly
to implement and maintain. The
Councils believe that information
formerly contained in the Numbered
Notes that is valuable to potential
offerors should be included in full text
in the body of the synopsis where it can
be fully explained as it pertains to the
proposed acquisition.
Comment B: Another commenter
recommended additional language in
FAR 5.207 or additional drop-down
boxes in FedBizOpps for six specific
former Notes:
(1) Note 8: Recommended a drop-down box
and language in FAR 5.207 addressing access
to data designated as Militarily Critical
Technical Data.
Response: Information similar to that
contained in this Note is valuable to
potential bidders and offerors and
should be placed in the body of the
synopsis. Buying offices that knew
previously to include this Note will
know now to include instructions
regarding this certification. There is no
reference to militarily critical technical
data in the FAR as this requirement is
unique to DoD procurement; therefore,
language in FAR 5.207 or a drop down
menu in FedBizOpps is not deemed
appropriate.
(2) Note 12: The commenter noted the
proposed rule language to be added to FAR
52.207(c)(13) addressing Trade Agreement
requirements, but also recommended
including the suggested notices as choices in
drop-down boxes in FedBizOpps.
Response: The proposed FAR
52.207(c)(13) revision provides exact
language appropriate for inclusion in
the body of the synopsis. Use of a dropdown menu is not deemed appropriate.
(3) Note 13: The commenter agreed with
deletion of the Note, but recommended
adding language to FAR 5.207 to require the
synopsis to address any restrictions on
competition.
Response: This Note referred to
restrictions on competition in
accordance with FAR 6.302–3; however,
FAR 5.202(a)(10) provides for an
exception to publishing a synopsis in
that case. Further, restrictions on
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competition for other reasons are
already covered at 5.207(c)(14).
(4) Note 22: The commenter recommended
including the language from the current Note
as a drop-down box selection in FedBizOpps.
Response: This Note refers to single/
sole source intentions pursuant to FAR
6.302. Rather than relying on a drop
down menu with a generic statement
and no further explanation, the Councils
believe that detailed rationale for the
lack of competition should be placed in
the body of the synopsis, as currently
required by 5.207(c)(14).
(5) Note 23: The commenter recommended
including the language from the current Note
(updated as necessary) as a drop-down box
selection in FedBizOpps.
Response: Information contained in
this Note pertains to qualification
requirements and should be placed in
the body of the synopsis, where tailored
language can explain the type of
qualification requirement. Use of a
drop-down menu is not deemed
appropriate.
(6) Note 24: The commenter recommended
including the language from the current Note
as a drop-down box selection in FedBizOpps.
Response: This Note is an extensive
discussion of Brooks Act requirements
regarding architect-engineer offerors.
FAR 36.603(b) provides guidance to
contracting officers on qualification data
submission requirements, and based
upon value to potential offerors,
appropriate tailored information should
be placed in the body of the synopsis.
Use of a drop-down menu is not deemed
appropriate.
In summary, the purpose of the
synopsis is to provide sufficient
information for prospective respondents
to determine their interest and
capability regarding the pending
solicitation. Therefore, information
contained in the Notes has value to the
synopsis. However, since there is no
longer a need to restrict the content of
a synopsis, the updated substance of
these Notes should, at the discretion of
the organization and as applicable to the
solicitation, be placed in full text in the
synopsis. No change to the proposed
rule is required to satisfy this comment.
Comment C: One commenter
questioned why we had retained the
prohibition at 5.207(g) regarding posting
cancellations of synopses or
solicitations on FedBizOpps. The
commenter suggested that the original
reasons for this prohibition had possibly
gone away with the transition from the
hard copy Commerce Business Daily
(CBD) to the electronic FedBizOpps and
indicated that many contracting officers
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jlentini on PROD1PC65 with RULES2
were already violating this prohibition
and posting cancellations there.
Response: The Councils agree.
Research into the original rationale for
this prohibition indicates it was part of
the overall attempt by the Department of
Commerce to limit the number and
length of announcements on the CBD,
due to space limitations and the cost of
each announcement. The CBD format
and cost are no longer obstacles, and the
Department of Commerce indicates it
would not be opposed to a change in
this area. To make it easier for potential
bidders and offerors to know that a
solicitation has been canceled and,
thereby, to save the cost and time that
would go into useless offers without
such knowledge, the Councils have
agreed to new language at FAR 5.207(f)
making it permissive for contracting
officers to post cancellations on
FedBizOpps.
Comment D: A final commenter
indicated that there is confusion as to
what is being sought from industry in
Note 22, where the Note states
‘‘Interested parties may identify their
interest and capability to respond to the
requirement or submit proposals’’ in
response to a sole source synopsis. He
noted that, at the point in time when the
synopsis is published, there is no
solicitation available, and therefore,
using the standard FAR definition, a
proposal cannot be submitted. He
suggested clarifying in the final rule that
a submission identifying interest and
capability to submit a proposal would
be adequate.
Response: The Councils agree. In
researching pertinent FAR sections, we
noted that 5.207(c)(15) suggested
inserting a statement in the synopsis
that all responsible sources may submit
‘‘ * * * a bid, proposal, or quotation
which shall be considered by the
agency.’’ Further, 6.302–1(d)(2)
currently states only that ‘‘ * * * the
notices required by 5.201 shall have
been published and any bids and
proposals must have been considered.’’
These references have been revised to be
consistent and to allow ‘‘capability
statements’’ to be added to the list of
responses from industry.
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
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19:08 Feb 27, 2008
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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 it
makes no significant change to the
policy for the synopses of proposed
contract actions.
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 Parts 5, 6, 10,
12, and 25
Government procurement.
Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 5, 6, 10, 12, and 25
as set forth below:
I 1. The authority citation for 48 CFR
parts 5, 6, 10, 12, and 25 continue to
read as follows:
I
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
PART 5—PUBLICIZING CONTRACT
ACTIONS
2. Amend section 5.203 by revising
the last sentence of the introductory text
of paragraph (a) to read as follows:
I
5.203
Publicizing and response time.
*
*
*
*
*
(a) * * * The notice must be published
at least 15 days before issuance of a
solicitation, or a proposed contract
action the Government intends to solicit
and negotiate with only one source
under the authority of 6.302, except
that, for acquisitions of commercial
items, the contracting officer may—
*
*
*
*
*
I 3. Amend section 5.205 by revising
the fifth sentence following the
paragraph heading of paragraph (a) to
read as follows:
5.205
Special situations.
(a) * * * Advanced notices must be
entitled ‘‘Research and Development
Sources Sought’’ and include the name
and telephone number of the
contracting officer or other contracting
activity official from whom technical
details of the project can be obtained.
* * *
*
*
*
*
*
I 4. Amend section 5.207 by—
I a. Removing paragraph (a)(4) and
redesignating paragraphs (a)(5) through
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Fmt 4701
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10961
(a)(19) as (a)(4) through (a)(18)
respectively;
I b. Revising the newly redesignated
paragraph (a)(9);
I c. Revising paragraphs (c)(13), (c)(14),
(c)(15), and (d);
I d. Removing paragraph (e), and
redesignating paragraphs (f) and (g) as
(e) and (f), respectively; and
I e. Revising the newly redesignated
paragraph (f).
The revised text reads as follows:
5.207 Preparation and transmittal of
synopses.
(a) * * *
(9) Closing Response Date.
*
*
*
*
*
(c) * * *
(13)(i) If the solicitation will include
the FAR clause at 52.225–3, Buy
American Act-Free Trade AgreementsIsraeli Trade Act, or an equivalent
agency clause, insert the following
notice in the synopsis: ‘‘One or more of
the items under this acquisition is
subject to Free Trade Agreements.’’
(ii) If the solicitation will include the
FAR clause at 52.225–5, Trade
Agreements, or an equivalent agency
clause, insert the following notice in the
synopsis: ‘‘One or more of the items
under this acquisition is subject to the
World Trade Organization Government
Procurement Agreement and Free Trade
Agreements.’’
(iii) If the solicitation will include the
FAR clause at 52.225–11, Buy American
Act-Construction Materials under Trade
Agreements, or an equivalent agency
clause, insert the following notice in the
synopsis: ‘‘One or more of the items
under this acquisition is subject to the
World Trade Organization Government
Procurement Agreement and Free Trade
Agreements.’’
(14) In the case of noncompetitive
contract actions (including those that do
not exceed the simplified acquisition
threshold), identify the intended source
and insert a statement of the reason
justifying the lack of competition.
(15)(i) Except when using the sole
source authority at 6.302–1, insert a
statement that all responsible sources
may submit a bid, proposal, or quotation
which shall be considered by the
agency.
(ii) When using the sole source
authority at 6.302–1, insert a statement
that all responsible sources may submit
a capability statement, proposal, or
quotation, which shall be considered by
the agency.
*
*
*
*
*
(d) Set-asides. When the proposed
acquisition provides for a total or partial
small business program set-aside, or
when the proposed acquisition provides
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for a local area set-aside (see Subpart
26.2), the contracting officer shall
identify the type of set-aside in the
synopsis and in the solicitation.
*
*
*
*
*
(f) Notice of solicitation cancellation.
Contracting officers may publish notices
of solicitation cancellations (or
indefinite suspensions) of proposed
contract actions in the GPE.
PART 6—COMPETITION
REQUIREMENTS
5. Amend section 6.302–1 by revising
paragraph (d)(2) to read as follows:
I
(2) Comply with the requirements of
5.207, Preparation and transmittal of
synopses;
*
*
*
*
*
[FR Doc. E8–3379 Filed 2–27–08; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
6.302–1 Only one responsible source and
no other supplies or services will satisfy
agency requirements.
[FAC 2005–24; FAR Case 2007–016; Item
III]
[Docket 2008–0001; Sequence 3]
*
RIN 9000–AK89
*
*
*
*
(d) * * *
(2) For contracts awarded using this
authority, the notices required by 5.201
shall have been published and any bids,
proposals, quotations, or capability
statements must have been considered.
PART 10—MARKET RESEARCH
10.002
[Amended]
6. Amend section 10.002 in paragraph
(d)(2) by removing ‘‘(see 5.207(e))’’.
I
PART 12—ACQUISITION OF
COMMERCIAL ITEMS
12.603
[Amended]
7. Amend section 12.603 by removing
paragraph (c)(2) (xv), and redesignating
paragraphs (c)(2)(xvi) and (c)(2) (xvii) as
paragraphs (c)(2)(xv) and (c)(2)(xvi),
respectively.
I
PART 25—FOREIGN ACQUISITION
8. Amend section 25.408 by revising
paragraph (a)(2) to read as follows:
I
25.408
Procedures.
(a) * * *
Federal Acquisition Regulation; FAR
Case 2007–016, Trade Agreements—
New Thresholds
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council (the
Councils) have agreed to issue an
interim rule amending the Federal
Acquisition Regulation (FAR) to
incorporate increased thresholds for
application of the World Trade
Organization Government Procurement
Agreement and the Free Trade
Agreements, as determined by the
United States Trade Representative
(USTR).
DATES: Effective Date: February 28,
2008.
Comment Date: Interested parties
should submit written comments to the
FAR Secretariat on or before April 28,
2008 to be considered in the
formulation of a final rule.
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WTO GPA FTAs ..........................................................................................................................
Australia FTA ...............................................................................................................................
Bahrain FTA .................................................................................................................................
CAFTA–DR (El Salvador, Dominican Republic, Guatemala, Honduras, and Nicaragua) ..........
Chile FTA .....................................................................................................................................
Morocco FTA ...............................................................................................................................
NAFTA:
—Canada ..............................................................................................................................
—Mexico ...............................................................................................................................
Singapore FTA .............................................................................................................................
Israeli Trade Act ..........................................................................................................................
19:08 Feb 27, 2008
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A. Background
Every two years, the trade agreements
thresholds are escalated according to a
pre-determined formula set forth in the
agreements. The USTR, in the Federal
Register, at 72 FR 71166, December 14,
2007 and 72 FR 73904, December 28,
2007, specified the following new
thresholds:
Supply contract (equal to
or exceeding)
Trade agreement
VerDate Aug<31>2005
Submit comments
identified by FAC 2005–24, FAR case
2007–016, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov. Submit comments
via the Federal eRulemaking portal by
inputting ‘‘FAR Case 2007–016’’ under
the heading ‘‘Comment or Submission’’.
Select the link ‘‘Send a Comment or
Submission’’ that corresponds with FAR
Case 2007–016. Follow the instructions
provided to complete the ‘‘Public
Comment and Submission Form’’.
Please include your name, company
name (if any), and ‘‘FAR Case 2007–
016’’ on your attached document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street, NW., Room 4035,
ATTN: Diedra Wingate, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAC 2005–24, FAR case
2007–016, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov. Please include
your name and company name (if any)
inside the document.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Meredith Murphy, Procurement
Analyst, at (202) 208–6925. For
information pertaining to status or
publication schedules, contact the FAR
Secretariat, Room 4035, GS Building,
Washington, DC 20405, (202) 501–4755.
Please cite FAC 2005–24, FAR Case
2007–016.
SUPPLEMENTARY INFORMATION:
ADDRESSES:
Fmt 4701
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Service contract (equal to
or exceeding)
Construction
contract (equal
to or exceeding)
$194,000
67,826
194,000
67,826
67,826
194,000
$194,000
67,826
194,000
67,826
67,826
194,000
$7,443,000
7,443,000
8,817,449
7,443,000
7,443,000
7,443,000
25,000
67,826
67,826
50,000
67,826
67,826
67,826
8,817,449
8,817,449
7,443,000
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]]>Agencies
[Federal Register Volume 73, Number 40 (Thursday, February 28, 2008)]
[Rules and Regulations]
[Pages 10960-10962]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-3379]
[[Page 10960]]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5, 6, 10, 12, and 25
[FAC 2005-24; FAR Case 2006-016; Item II; Docket 2008-0001; Sequence 2]
RIN 9000-AK70
Federal Acquisition Regulation; FAR Case 2006-016, Numbered Notes
for Synopses
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 on a final rule
amending the Federal Acquisition Regulation (FAR) to update and clarify
policy for synopses of proposed contract actions and to delete all
references to Numbered Notes (hereafter referred to as ``Notes'').
DATES: Effective Date: March 31, 2008
FOR FURTHER INFORMATION CONTACT: Mr. Ernest Woodson, Procurement
Analyst, at (202) 501-3775 for clarification of content. For
information pertaining to status or publication schedules, contact the
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-24, FAR case
2006-016.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published a proposed rule in the Federal
Register at 72 FR 10964, March 12, 2007, requesting comments on
amending the Federal Acquisition Regulation (FAR) to update and clarify
policy for synopses of proposed contract actions and to delete all
references to Notes in the FAR and Federal Business Opportunities
(FedBizOpps) electronic publication. The comment period closed May 11,
2007. Four sources submitted comments on the proposed rule. A
discussion of the comments and the changes made to the rule as a result
of those comments are provided below:
Comment A: One commenter noted that the Notes were helpful when the
buyer fails to provide the required information in the body of the
synopsis and stated there should be more drop-down boxes to replace the
Notes in order to get more standardized synopses.
Response: Drop-down menus are provided only for those information
elements that are mandatory, regardless of the synopsis action and
procurement requirement (e.g., classification code, country code, and
set-aside code) and that are conducive to incorporation in such menus.
Incorporating all potential information that might be relevant to a
synopsis into the form of drop-down menus would make the FedBizOpps
design lengthy, cumbersome and costly to implement and maintain. The
Councils believe that information formerly contained in the Numbered
Notes that is valuable to potential offerors should be included in full
text in the body of the synopsis where it can be fully explained as it
pertains to the proposed acquisition.
Comment B: Another commenter recommended additional language in FAR
5.207 or additional drop-down boxes in FedBizOpps for six specific
former Notes:
(1) Note 8: Recommended a drop-down box and language in FAR
5.207 addressing access to data designated as Militarily Critical
Technical Data.
Response: Information similar to that contained in this Note is
valuable to potential bidders and offerors and should be placed in the
body of the synopsis. Buying offices that knew previously to include
this Note will know now to include instructions regarding this
certification. There is no reference to militarily critical technical
data in the FAR as this requirement is unique to DoD procurement;
therefore, language in FAR 5.207 or a drop down menu in FedBizOpps is
not deemed appropriate.
(2) Note 12: The commenter noted the proposed rule language to
be added to FAR 52.207(c)(13) addressing Trade Agreement
requirements, but also recommended including the suggested notices
as choices in drop-down boxes in FedBizOpps.
Response: The proposed FAR 52.207(c)(13) revision provides exact
language appropriate for inclusion in the body of the synopsis. Use of
a drop-down menu is not deemed appropriate.
(3) Note 13: The commenter agreed with deletion of the Note, but
recommended adding language to FAR 5.207 to require the synopsis to
address any restrictions on competition.
Response: This Note referred to restrictions on competition in
accordance with FAR 6.302-3; however, FAR 5.202(a)(10) provides for an
exception to publishing a synopsis in that case. Further, restrictions
on competition for other reasons are already covered at 5.207(c)(14).
(4) Note 22: The commenter recommended including the language
from the current Note as a drop-down box selection in FedBizOpps.
Response: This Note refers to single/sole source intentions
pursuant to FAR 6.302. Rather than relying on a drop down menu with a
generic statement and no further explanation, the Councils believe that
detailed rationale for the lack of competition should be placed in the
body of the synopsis, as currently required by 5.207(c)(14).
(5) Note 23: The commenter recommended including the language
from the current Note (updated as necessary) as a drop-down box
selection in FedBizOpps.
Response: Information contained in this Note pertains to
qualification requirements and should be placed in the body of the
synopsis, where tailored language can explain the type of qualification
requirement. Use of a drop-down menu is not deemed appropriate.
(6) Note 24: The commenter recommended including the language
from the current Note as a drop-down box selection in FedBizOpps.
Response: This Note is an extensive discussion of Brooks Act
requirements regarding architect-engineer offerors. FAR 36.603(b)
provides guidance to contracting officers on qualification data
submission requirements, and based upon value to potential offerors,
appropriate tailored information should be placed in the body of the
synopsis. Use of a drop-down menu is not deemed appropriate.
In summary, the purpose of the synopsis is to provide sufficient
information for prospective respondents to determine their interest and
capability regarding the pending solicitation. Therefore, information
contained in the Notes has value to the synopsis. However, since there
is no longer a need to restrict the content of a synopsis, the updated
substance of these Notes should, at the discretion of the organization
and as applicable to the solicitation, be placed in full text in the
synopsis. No change to the proposed rule is required to satisfy this
comment.
Comment C: One commenter questioned why we had retained the
prohibition at 5.207(g) regarding posting cancellations of synopses or
solicitations on FedBizOpps. The commenter suggested that the original
reasons for this prohibition had possibly gone away with the transition
from the hard copy Commerce Business Daily (CBD) to the electronic
FedBizOpps and indicated that many contracting officers
[[Page 10961]]
were already violating this prohibition and posting cancellations
there.
Response: The Councils agree. Research into the original rationale
for this prohibition indicates it was part of the overall attempt by
the Department of Commerce to limit the number and length of
announcements on the CBD, due to space limitations and the cost of each
announcement. The CBD format and cost are no longer obstacles, and the
Department of Commerce indicates it would not be opposed to a change in
this area. To make it easier for potential bidders and offerors to know
that a solicitation has been canceled and, thereby, to save the cost
and time that would go into useless offers without such knowledge, the
Councils have agreed to new language at FAR 5.207(f) making it
permissive for contracting officers to post cancellations on
FedBizOpps.
Comment D: A final commenter indicated that there is confusion as
to what is being sought from industry in Note 22, where the Note states
``Interested parties may identify their interest and capability to
respond to the requirement or submit proposals'' in response to a sole
source synopsis. He noted that, at the point in time when the synopsis
is published, there is no solicitation available, and therefore, using
the standard FAR definition, a proposal cannot be submitted. He
suggested clarifying in the final rule that a submission identifying
interest and capability to submit a proposal would be adequate.
Response: The Councils agree. In researching pertinent FAR
sections, we noted that 5.207(c)(15) suggested inserting a statement in
the synopsis that all responsible sources may submit `` * * * a bid,
proposal, or quotation which shall be considered by the agency.''
Further, 6.302-1(d)(2) currently states only that `` * * * the notices
required by 5.201 shall have been published and any bids and proposals
must have been considered.'' These references have been revised to be
consistent and to allow ``capability statements'' to be added to the
list of responses from industry.
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 it makes no significant
change to the policy for the synopses of proposed contract actions.
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 Parts 5, 6, 10, 12, and 25
Government procurement.
Dated: February 19, 2008.
Al Matera,
Director, Office of Acquisition Policy.
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Therefore, DoD, GSA, and NASA amend 48 CFR parts 5, 6, 10, 12, and 25
as set forth below:
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1. The authority citation for 48 CFR parts 5, 6, 10, 12, and 25
continue to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 5--PUBLICIZING CONTRACT ACTIONS
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2. Amend section 5.203 by revising the last sentence of the
introductory text of paragraph (a) to read as follows:
5.203 Publicizing and response time.
* * * * *
(a) * * * The notice must be published at least 15 days before
issuance of a solicitation, or a proposed contract action the
Government intends to solicit and negotiate with only one source under
the authority of 6.302, except that, for acquisitions of commercial
items, the contracting officer may--
* * * * *
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3. Amend section 5.205 by revising the fifth sentence following the
paragraph heading of paragraph (a) to read as follows:
5.205 Special situations.
(a) * * * Advanced notices must be entitled ``Research and
Development Sources Sought'' and include the name and telephone number
of the contracting officer or other contracting activity official from
whom technical details of the project can be obtained. * * *
* * * * *
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4. Amend section 5.207 by--
0
a. Removing paragraph (a)(4) and redesignating paragraphs (a)(5)
through (a)(19) as (a)(4) through (a)(18) respectively;
0
b. Revising the newly redesignated paragraph (a)(9);
0
c. Revising paragraphs (c)(13), (c)(14), (c)(15), and (d);
0
d. Removing paragraph (e), and redesignating paragraphs (f) and (g) as
(e) and (f), respectively; and
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e. Revising the newly redesignated paragraph (f).
The revised text reads as follows:
5.207 Preparation and transmittal of synopses.
(a) * * *
(9) Closing Response Date.
* * * * *
(c) * * *
(13)(i) If the solicitation will include the FAR clause at 52.225-
3, Buy American Act-Free Trade Agreements-Israeli Trade Act, or an
equivalent agency clause, insert the following notice in the synopsis:
``One or more of the items under this acquisition is subject to Free
Trade Agreements.''
(ii) If the solicitation will include the FAR clause at 52.225-5,
Trade Agreements, or an equivalent agency clause, insert the following
notice in the synopsis: ``One or more of the items under this
acquisition is subject to the World Trade Organization Government
Procurement Agreement and Free Trade Agreements.''
(iii) If the solicitation will include the FAR clause at 52.225-11,
Buy American Act-Construction Materials under Trade Agreements, or an
equivalent agency clause, insert the following notice in the synopsis:
``One or more of the items under this acquisition is subject to the
World Trade Organization Government Procurement Agreement and Free
Trade Agreements.''
(14) In the case of noncompetitive contract actions (including
those that do not exceed the simplified acquisition threshold),
identify the intended source and insert a statement of the reason
justifying the lack of competition.
(15)(i) Except when using the sole source authority at 6.302-1,
insert a statement that all responsible sources may submit a bid,
proposal, or quotation which shall be considered by the agency.
(ii) When using the sole source authority at 6.302-1, insert a
statement that all responsible sources may submit a capability
statement, proposal, or quotation, which shall be considered by the
agency.
* * * * *
(d) Set-asides. When the proposed acquisition provides for a total
or partial small business program set-aside, or when the proposed
acquisition provides
[[Page 10962]]
for a local area set-aside (see Subpart 26.2), the contracting officer
shall identify the type of set-aside in the synopsis and in the
solicitation.
* * * * *
(f) Notice of solicitation cancellation. Contracting officers may
publish notices of solicitation cancellations (or indefinite
suspensions) of proposed contract actions in the GPE.
PART 6--COMPETITION REQUIREMENTS
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5. Amend section 6.302-1 by revising paragraph (d)(2) to read as
follows:
6.302-1 Only one responsible source and no other supplies or services
will satisfy agency requirements.
* * * * *
(d) * * *
(2) For contracts awarded using this authority, the notices
required by 5.201 shall have been published and any bids, proposals,
quotations, or capability statements must have been considered.
PART 10--MARKET RESEARCH
10.002 [Amended]
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6. Amend section 10.002 in paragraph (d)(2) by removing ``(see
5.207(e))''.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.603 [Amended]
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7. Amend section 12.603 by removing paragraph (c)(2) (xv), and
redesignating paragraphs (c)(2)(xvi) and (c)(2) (xvii) as paragraphs
(c)(2)(xv) and (c)(2)(xvi), respectively.
PART 25--FOREIGN ACQUISITION
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8. Amend section 25.408 by revising paragraph (a)(2) to read as
follows:
25.408 Procedures.
(a) * * *
(2) Comply with the requirements of 5.207, Preparation and
transmittal of synopses;
* * * * *
[FR Doc. E8-3379 Filed 2-27-08; 8:45 am]
BILLING CODE 6820-EP-P
