[Federal Register Volume 64, Number 132 (Monday, July 12, 1999)]
[Proposed Rules]
[Pages 37640-37641]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-17520]
[[Page 37639]]
_______________________________________________________________________
Part IV
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Parts 47 and 52
Federal Acquisition Regulation; Ocean Transportation by U.S.-Flag
Vessels; Proposed Rule
Federal Register / Vol. 64, No. 132 / Monday, July 12, 1999 /
Proposed Rules
[[Page 37640]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 47 and 52
[FAR Case 98-604]
RIN 9000-AI39
Federal Acquisition Regulation; Ocean Transportation by U.S.-Flag
Vessels
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing to amend the Federal
Acquisition Regulation (FAR) to clarify application of the preference
for U.S.-flag vessels.
DATES: Comments should be submitted on or before September 10, 1999 to
be considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (MVR), 1800 F Street,
NW, Room 4035, ATTN: Laurie Duarte, Washington, DC 20405.
E-mail comments submitted over Internet should be addressed to:
[email protected].
Please cite FAR case 98-604 in all correspondence related to this
case.
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. For clarification of
content, contact Ms. Linda Klein, Procurement Analyst, at (202) 501-
3775. Please cite FAR case 98-604.
SUPPLEMENTARY INFORMATION:
A. Background
This rule proposes to amend the FAR as follows:
Apply the preference for U.S.-flag vessels to contracts
awarded using simplified acquisition procedures (47.504 and 52.213-4).
Add to the clause at 52.212-5, Contract Terms and
Conditions Required to Implement Statues or Executive Orders-Commercial
Items, Alternate I to 52.247-64, Preference for Privately Owned U.S.-
Flag Commercial Vessels.
Incorporate in the clause at 52.247-64 the exception at
47.504(e) for subcontracts for commercial items or commercial
components.
Subpart 47.5, Ocean Transportation by U.S.-Flag Vessels, of the
Federal Acquisition Regulations, does not apply to the Department of
Defense. Policy and procedures applicable to DoD appear in DFARS
subpart 247.5.
This regulatory action was not subject to Office of Management and
Budget review under Executive Order 12866, dated September 30, 1993,
and is not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
This proposed rule is not expected to 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 most
ocean transportation companies are large business concerns. An Initial
Regulatory Flexibility Analysis has, therefore, not been performed.
Comments from small entities concerning the affected FAR subpart will
be considered in accordance with 5 U.S.C. 610 of the Act. Such comments
must be submitted separately and should cite 5 U.S.C. 601, et seq. (FAR
case 98-604), in correspondence.
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. The information collection requirements of the clause at
FAR 52.247-64 have been approved under OMB Control Number 9000-0054.
List of Subjects in 48 CFR Parts 47 and 52
Government procurement.
Dated: July 6, 1999.
Jeremy F. Olson,
Acting Director, Federal Acquisition Policy Division.
Therefore, it is proposed that 48 CFR parts 47 and 52 be amended as
set forth below:
1. The authority citation for 48 CFR parts 47 and 52 continues to
read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 47--TRANSPORTATION
2. Amend section 47.504 to remove paragraph (d) and redesignate
paragraph (e) as (d); and at the beginning of the newly redesignated
paragraph (d) revise the first sentence to read as follows:
47.504 Exceptions.
* * * * *
(d) Subcontracts for the acquisition of commercial items or
commercial components (see 12.504(a)(13)). * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Amend section 52.212-5 to revise the date of the clause;
redesignate paragraph (b)(26) as (b)(26)(i); and add paragraph
(b)(26)(ii) to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statues
or Executive Orders--Commercial Items.
* * * * *
Contract Terms and Conditions Required to Implement Statues or
Executive Orders--Commercial Items (Date)
* * * * *
(b) * * *
________ (26)(ii) Alternate I of 52.247-64.
* * * * *
4. Amend section 52.213-4 to revise the date of the clause; and add
paragraph (b)(1)(xi) to read as follows:
52.213-4 Terms and Conditions--Simplified Acquisitions (Other Than
Commercial Items).
* * * * *
Terms and Conditions--Simplified Acquisitions (Other Than Commercial
Items) (Date)
* * * * *
(b) * * *
(1) * * *
(xi) 52.247-64, Preference for Privately Owned U.S.-Flag
Commercial Vessels (DATE)(46 U.S.C. 1241). (Applies to supplies
transported by ocean vessels.)
* * * * *
5. Amend section 52.247-64 to revise the date of the clause; revise
paragraph (d); remove paragraph (e)(1); and redesignate paragraphs
(e)(2) through (e)(4) as (e)(1) to (e)(3), respectively. The revised
text reads as follows:
52.247-64 Preference for Privately Owned U.S.-Flag Commercial Vessels
* * * * *
Preference for Privately Owned U.S.-Flag Commercial Vessels (Date)
* * * * *
(d)(1) Except as provided in paragraph (d)(2) of this clause,
the Contractor shall insert the substance of this clause, including
this paragraph (d), in all subcontracts or purchase orders under
this contract.
(2) Unless this is a contract for ocean transportation services,
the Contractor is not required to insert the substance of this
clause in subcontracts under this contract for the
[[Page 37641]]
acquisition of commercial items or commercial components.
* * * * *
[FR Doc. 99-17520 Filed 7-9-99; 8:45 am]
BILLING CODE 6820-EP-P