Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
This document makes amendments to the Federal Acquisition Regulation in order to update references and make editorial changes.
Effective Date: February 8, 2002.Start Further Info
FOR FURTHER INFORMATION CONTACT:
The FAR Secretariat, Room 4035, GS Building, Washington, DC 20405, (202) 501-4755. Please cite FAC 2001-04, Technical Amendments.Start List of Subjects
List of Subjects in 48 CFR Parts 3, 9, 12, 13, 14, 15, 31, 36, 42, 46, 51, and 52
- Government procurement
Dated: February 1, 2002.
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 3, 9, 12, 13, 14, 15, 31, 36, 42, 46, 51, and 52 as set forth below:Start Amendment Part
1. The authority citation for 48 CFR parts 3, 9, 12, 13, 14, 15, 31, 36, 42, 46, 51, and 52 continues to read as follows:End Amendment Part Start Part
PART 3—IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST
2. Amend section 3.807 by removing “3804-3408,” and adding “3804-3808,” in its place.End Amendment Part Start Part
PART 9—CONTRACTOR QUALIFICATIONSEnd Part Start Amendment Part
3. Amend section 9.203 by revising paragraph (c)(2) to read as follows:End Amendment Part
(c) * * *
(2) Defense Standardization Manual 4120.24-M, Appendix 2, as amended by Military Standards 961 and 962.
PART 12—ACQUISITION OF COMMERCIAL ITEMS
4. Amend section 12.301 in paragraph (e)(1) by removing “16.505” and adding “16.506” in its place.End Amendment Part Start Part
PART 13—SIMPLIFIED ACQUISITION PROCEDURES
5. Amend section 13.301 in the first sentence of paragraph (b) by removing “GSA Federal Supply Service Contract Guide for Governmentwide Commercial Purchase Card Service” and adding “current GSA credit card contract” in its place.End Amendment Part Start Part
PART 14—SEALED BIDDING
6. Amend section 14.205-2 in paragraph (b) by adding “or suspended” after the word “debarred”.End Amendment Part
7. Amend section 14.409-1 in the introductory text of paragraph (a)(2) by removing “(see 25.408(a)(4)),” and adding “(see 25.408(a)(5)),” in its place.End Amendment Part Start Part
PART 15—CONTRACTING BY NEGOTIATION
PART 31—CONTRACT COST PRINCIPLES AND PROCEDURESEnd Part Start Amendment Part
9. Revise section 31.002 to read as follows:End Amendment Part
Contractors needing assistance in developing or improving their accounting systems and procedures may request a copy of the Defense Contract Audit Agency Pamphlet No. 7641.90, Information for Contractors. The pamphlet is available via the Internet at http://www.dcaa.mil.
10. Amend section 31.205-17 by designating the undesignated introductory paragraph as “(a) Definitions.”; and in the definition “Idle facilities” by redesignating paragraphs (1), (i), (ii), (2), and (3) as (b), (b)(1), (b)(2), (c), and (d), respectively.End Amendment Part Start Part
PART 36—CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS
11. Amend section 36.606 in the first sentence of paragraph (f) by removing “best and final offer” and adding “final proposal revision” in its place.End Amendment Part Start Part
PART 42—CONTRACT ADMINISTRATION AND AUDIT SERVICESEnd Part Start Amendment Part
12. Amend section 42.705-1 by revising paragraph (b)(1) to read as follows:End Amendment Part
(b) Procedures. (1) In accordance with the Allowable Cost and Payment clause at 52.216-7 or 52.216-13, the contractor shall submit to the contracting officer (or cognizant Federal agency official) and to the cognizant auditor a final indirect cost rate proposal. The required content of the proposal and supporting data will vary depending on such factors as business type, size, and accounting system capabilities. The contractor, contracting officer, and auditor must work together to make the proposal, audit, and negotiation process as efficient as possible. Accordingly, each contractor shall submit an adequate proposal to the contracting officer (or cognizant Federal agency official) and auditor within the 6-month period following the expiration of each of its fiscal years. Reasonable extensions, for exceptional circumstances only, may be requested in writing by the contractor and granted in writing by the contracting officer. A contractor shall support its proposal with adequate supporting data. For guidance on what generally constitutes an adequate final indirect cost rate proposal and supporting data, contractors should refer to the Model Incurred Cost Proposal in Chapter 6 of the Defense Contract Audit Agency Pamphlet No. 7641.90, Information for Contractors, available via the Internet at http://www.dcaa.mil.
PART 46—QUALITY ASSURANCEEnd Part Start Amendment Part
13. Amend section 46.202-4 by revising the last sentence of paragraph (b) to read as follows:End Amendment Part
(b) * * * Examples of higher-level quality standards are ISO 9001, 9002, or 9003; ANSI/ISO/ASQ Q9001-2000; Start Printed Page 6121ANSI/ASQC Q9001, Q9002, or Q9003; QS-9000; AS-9000; ANSI/ASQC E4; and ANSI/ASME NQA-1.
PART 51—CONTRACTOR USE OF GOVERNMENT SUPPLY SOURCES
PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSESEnd Part Start Amendment Part
15. Amend section 52.212-3 by—End Amendment Part Start Amendment Part
a. Revising the date of the provision;End Amendment Part Start Amendment Part
b. Removing the reference “(c)(7)(i)” from paragraph (c)(9)(ii) and adding “(c)(9)(i)” in its place;End Amendment Part Start Amendment Part
c. Revising paragraph (h); andEnd Amendment Part Start Amendment Part
d. Removing from Alternate I “( Oct 2000)” and adding “(Feb 2002)” in its place; and by removing “(c)(2)” from paragraph (10) of Alternate I and adding “(c)(4)” in its place. The revised text reads as follows:End Amendment Part
Offeror Representations and Certifications—Commercial Items (Feb 2002)
(h) Certification Regarding Debarment, Suspension or Ineligibility for Award (Executive Order 12549). (Applies only if the contract value is expected to exceed the simplified acquisition threshold.) The offeror certifies, to the best of its knowledge and belief, that the offeror and/or any of its principals—
(1) [ ] Are, [ ] are not presently debarred, suspended, proposed for debarment, or declared ineligible for the award of contracts by any Federal agency; and
(2) [ ] Have, [ ] have not, within a three-year period preceding this offer, been convicted of or had a civil judgment rendered against them for: Commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a Federal, state or local government contract or subcontract; violation of Federal or state antitrust statutes relating to the submission of offers; or Commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, tax evasion, or receiving stolen property; and
(3) [ ] Are, [ ] are not presently indicted for, or otherwise criminally or civilly charged by a Government entity with, commission of any of these offenses.
16. Amend section 52.213-4 by revising paragraph (a)(2)(vi); and in paragraph (b)(1)(viii), by removing “(Jan 2001)” and adding “(Dec 2001)” in its place. The revised text reads as follows:End Amendment Part
Terms and Conditions—Simplified Acquisitions (Other Than Commercial Items) (Feb 2002)
(a) * * *
(2) * * *
(vi) 52.244-6, Subcontracts for Commercial Items (Dec 2001).
17. Amend section 52.219-21 in the prescription by removing “19.1007(c)” and adding “19.1008(c)” in its place.End Amendment Part
18. Amend section 52.222-44 by revising the date of the clause to read “(Feb 2002)”; and in paragraph (d) by removing “paragraph (b)” and adding “paragraph (c)” in its place.End Amendment Part End Further Info End Preamble
[FR Doc. 02-2919 Filed 2-7-02; 8:45 am]
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