[Federal Register Volume 78, Number 40 (Thursday, February 28, 2013)]
[Rules and Regulations]
[Pages 13767-13768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-04601]





48 CFR Part 13

[FAC 2005-66; FAR Case 2013-007; Item III; Docket 2013-0007, Sequence 
RIN 9000-AM47

Federal Acquisition Regulation; Extension of Authority for Use of 
Simplified Acquisition Procedures for Certain Commercial Items

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.


SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the

[[Page 13768]]

Federal Acquisition Regulation (FAR) to implement section 822 of the 
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013. 
Section 822 extends the authority of the Commercial Item Test Program 
at FAR subpart 13.5 to January 1, 2015.

DATES: Effective February 28, 2013.

FOR FURTHER INFORMATION CONTACT: Mr. Michael O. Jackson, Procurement 
Analyst, at 202-208-4949, for clarification of content. For information 
pertaining to status or publication schedules, contact the Regulatory 
Secretariat at 202-501-4755. Please cite FAC 2005-66, FAR Case 2013-


I. Background

    This final rule amends the FAR to revise section 13.500(d) to 
implement section 822 of the NDAA for FY 2013, Public Law 112-239. 
Section 822 of the NDAA for FY 2013 strikes out ``2012'' in subsection 
(e) of section 4202 of the Clinger-Cohen Act of 1996 (division D of 
Public Law 104-106; 110 Stat. 652; 10 U.S.C. 2304 note) and inserts 
``2015''. FAR subpart 13.5 authorizes as a test program, the use of 
simplified procedures for the acquisition of certain commercial items 
in amounts greater than the simplified acquisition threshold, but not 
exceeding $6.5 million ($12 million for acquisitions described in FAR 
13.500(e)) including options, if the contracting officer can reasonably 
expect that offers will include only commercial items. This final rule 
extends the sunset date of the authority at FAR 13.500(d) from January 
1, 2012, to January 1, 2015.

II. Decision To Issue a Final Rule

    ``Publication of proposed regulations'', 41 U.S.C. 1707, is the 
statute which applies to the publication of the Federal Acquisition 
Regulation. Paragraph (a)(1) of the statute requires that a procurement 
policy, regulation, procedure or form (including an amendment or 
modification thereof) must be published for public comment if it 
relates to the expenditure of appropriated funds, and has either a 
significant effect beyond the internal operating procedures of the 
agency issuing the policy, regulation, procedure or form, or has a 
significant cost or administrative impact on contractors or offerors. 
This final rule is not required to be published for public comment, 
because this case implements section 822 of the NDAA for FY 2013, which 
merely extends the end date of the Commercial Item Test Program from 
January 1, 2012, to January 1, 2015.

III. Executive Order 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
The Office of Information and Regulatory Affairs (OIRA) has deemed that 
this is not a significant regulatory action and, therefore, was not 
subject to review under section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993, and that this rule is not a major 
rule under 5 U.S.C. 804.

IV. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule because 
this final rule does not require publication for public comment.

V. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subject in 48 CFR Part 13

    Government procurement.

    Dated: February 20, 2013.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.
    Therefore, DoD, GSA, and NASA amend 48 CFR part 13 as set forth 


1. The authority citation for 48 CFR part 13 continues to read as 

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 
U.S.C. 20113.

13.500  [Amended]

2. Amend section 13.500 by removing from paragraph (d) ``January 1, 
2012'' and adding ``January 1, 2015'' in its place.

[FR Doc. 2013-04601 Filed 2-27-13; 8:45 am]