Federal Acquisition Regulation; Federal Acquisition Circular 2020-01; Introduction, 54760 [2019-21846]
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54760
Federal Register / Vol. 84, No. 197 / Thursday, October 10, 2019 / Rules and Regulations
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR–2019–0001, Sequence No.
6]
Federal Acquisition Regulation;
Federal Acquisition Circular 2020–01;
Introduction
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Summary presentation of a final
rule.
AGENCY:
This document summarizes
the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian
Agency Acquisition Council and the
Defense Acquisition Regulations
Council (Councils) in this Federal
Acquisition Circular (FAC) 2020–01. A
companion document, the Small Entity
Compliance Guide (SECG), follows this
FAC. The FAC, including the SECG, is
available via the internet at https://
www.regulations.gov.
DATES: For effective date see the
separate document, which follows.
FOR FURTHER INFORMATION CONTACT: Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 or zenaida.delgado@
gsa.gov for clarification of content. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755. Please cite FAC 2020–01,
FAR Case 2018–008.
SUMMARY:
RULE LISTED IN FAC 2020–01
FAR
Case
Subject
Definition of ‘‘Commercial
Item’’.
Analyst
2018–008
Delgado.
A
summary for the FAR rule follows. For
the actual revisions and/or amendments
made by this FAR case, refer to the
specific subject set forth in the
document following this item summary.
FAC 2020–01 amends the FAR as
follows:
Definition of ‘‘Commercial Item’’ (FAR
Case 2018–008)
This final rule amends the definition
of ‘‘commercial item’’ in FAR part 2 to
reflect the statutory change made by
section 847 of the National Defense
21:01 Oct 09, 2019
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC)
2020–01 is issued under the authority of
the Secretary of Defense, the
Administrator of General Services, and
the Administrator of National
Aeronautics and Space Administration.
Unless otherwise specified, all
Federal Acquisition Regulation (FAR)
and other directive material contained
in FAC 2020–01 is effective October 10,
2019 except for FAR Case 2018–008,
which is effective November 12, 2019.
Kim Herrington,
Acting Principal Director, Defense Pricing and
Contracting, Department of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO,
Office of Acquisition Policy, U.S. General
Services Administration.
William G. Roets, II,
Acting Assistant Administrator, Office of
Procurement, National Aeronautics and
Space Administration.
[FR Doc. 2019–21846 Filed 10–9–19; 8:45 am]
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 2
Jkt 250001
RIN 9000–AN68
Federal Acquisition Regulation:
Definition of ‘‘Commercial Item’’
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
DoD, GSA and NASA are
issuing a final rule to amend the Federal
Acquisition Regulation (FAR) to
implement a section of the National
SUMMARY:
PO 00000
Frm 00002
Fmt 4701
Sfmt 4700
Defense Authorization Act for Fiscal
Year 2018 to revise the definition of a
‘‘commercial item.’’
DATES: Effective: November 12, 2019.
FOR FURTHER INFORMATION CONTACT: Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 or zenaida.delgado@
gsa.gov for clarification of content. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755. Please cite FAC 2020–01,
FAR Case 2018–008.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published a
proposed rule in the Federal Register at
84 FR 20607 on May 10, 2019, to
implement the statutory changes made
to the definition of ‘‘commercial item’’
by section 847 of the National Defense
Authorization Act (NDAA) for Fiscal
Year (FY) 2018 (Pub. L. 115–91, enacted
December 12, 2017). The rule would
broaden the definition to allow certain
additional items developed exclusively
at private expense to qualify for the
benefits associated with being treated as
a commercial item. Section 847 expands
the universe of nondevelopmental items
(NDIs) that qualify as commercial items
to include items sold, in substantial
quantities on a competitive basis, to
multiple foreign governments. Three
respondents submitted comments on the
proposed rule.
II. Discussion and Analysis
The Civilian Agency Acquisition
Council and the Defense Acquisition
Regulations Council (the Councils)
reviewed the public comments in the
development of the final rule. A
discussion of the comments is provided
as follows:
BILLING CODE 6820–EP–P
[FAC 2020–01; FAR Case 2018–008; Docket
No. FAR–2018–0008; Sequence No. 1]
SUPPLEMENTARY INFORMATION:
VerDate Sep<11>2014
Authorization Act for Fiscal Year 2018.
Section 847 expands the universe of
nondevelopmental items that qualify as
commercial items to include items sold,
in substantial quantities on a
competitive basis, to multiple foreign
governments.
This final rule will not have a
significant economic impact on a
substantial number of small entities.
A. Summary of Changes
This final rule amends the definition
of commercial item in FAR part 2 to
reflect the statutory change made by
section 847. Specifically, the rule adds
the phrase ‘‘or to multiple foreign
governments’’ at the end of paragraph
(8). There are no changes as a result of
comments on the proposed rule.
B. Analysis of Public Comments
1. Supports the proposed rule.
Comment: One respondent stated that
the proposed rule accurately and
effectively implements section 847.
Response: Noted.
2. Does not support the proposed rule.
Comment: One respondent stated that
the rule is unnecessary, clouds the
definition of what a commercial item is,
and sets the stage for contracting officers
E:\FR\FM\10OCR2.SGM
10OCR2
]]>Agencies
[Federal Register Volume 84, Number 197 (Thursday, October 10, 2019)]
[Rules and Regulations]
[Page 54760]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21846]
[[Page 54759]]
Vol. 84
Thursday,
No. 197
October 10, 2019
Part III
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Chapter 1
Federal Acquisition Regulations; Final Rules
Federal Register / Vol. 84 , No. 197 / Thursday, October 10, 2019 /
Rules and Regulations
[[Page 54760]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
[Docket No. FAR-2019-0001, Sequence No. 6]
Federal Acquisition Regulation; Federal Acquisition Circular
2020-01; Introduction
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Summary presentation of a final rule.
-----------------------------------------------------------------------
SUMMARY: This document summarizes the Federal Acquisition Regulation
(FAR) rule agreed to by the Civilian Agency Acquisition Council and the
Defense Acquisition Regulations Council (Councils) in this Federal
Acquisition Circular (FAC) 2020-01. A companion document, the Small
Entity Compliance Guide (SECG), follows this FAC. The FAC, including
the SECG, is available via the internet at https://www.regulations.gov.
DATES: For effective date see the separate document, which follows.
FOR FURTHER INFORMATION CONTACT: Ms. Zenaida Delgado, Procurement
Analyst, at 202-969-7207 or [email protected] for clarification
of content. For information pertaining to status or publication
schedules, contact the Regulatory Secretariat Division at 202-501-4755.
Please cite FAC 2020-01, FAR Case 2018-008.
Rule Listed in FAC 2020-01
------------------------------------------------------------------------
Subject FAR Case Analyst
------------------------------------------------------------------------
Definition of ``Commercial Item''..... 2018-008 Delgado.
------------------------------------------------------------------------
SUPPLEMENTARY INFORMATION: A summary for the FAR rule follows. For the
actual revisions and/or amendments made by this FAR case, refer to the
specific subject set forth in the document following this item summary.
FAC 2020-01 amends the FAR as follows:
Definition of ``Commercial Item'' (FAR Case 2018-008)
This final rule amends the definition of ``commercial item'' in FAR
part 2 to reflect the statutory change made by section 847 of the
National Defense Authorization Act for Fiscal Year 2018. Section 847
expands the universe of nondevelopmental items that qualify as
commercial items to include items sold, in substantial quantities on a
competitive basis, to multiple foreign governments.
This final rule will not have a significant economic impact on a
substantial number of small entities.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Federal Acquisition Circular (FAC) 2020-01 is issued under the
authority of the Secretary of Defense, the Administrator of General
Services, and the Administrator of National Aeronautics and Space
Administration.
Unless otherwise specified, all Federal Acquisition Regulation
(FAR) and other directive material contained in FAC 2020-01 is
effective October 10, 2019 except for FAR Case 2018-008, which is
effective November 12, 2019.
Kim Herrington,
Acting Principal Director, Defense Pricing and Contracting, Department
of Defense.
Jeffrey A. Koses,
Senior Procurement Executive/Deputy CAO, Office of Acquisition Policy,
U.S. General Services Administration.
William G. Roets, II,
Acting Assistant Administrator, Office of Procurement, National
Aeronautics and Space Administration.
[FR Doc. 2019-21846 Filed 10-9-19; 8:45 am]
BILLING CODE 6820-EP-P
