DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 4, 5, 7, 8, 9, 11, 12, 15, 19, 26, 27, 29, 30, 31,

32, 38, 42, 45, 46, 50, 51, 52, and 53

Federal Acquisition Regulation; Editorial and Technical Changes To Conform the CFR to the Looseleaf Edition

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

ACTION: Final rule.

SUMMARY: Editorial and technical changes are being made to the Federal Acquisition Regulation (FAR) to make it more accurate. These changes to the Code of Federal Regulations have already been incorporated into the 1997 looseleaf edition of the FAR, which is

scheduled for release through the Superintendent of Documents, Government Printing Office, in July.

EFFECTIVE DATE: June 30, 1997.

FOR FURTHER INFORMATION CONTACT: FAR Secretariat, Room 4035, GS Building, Washington, DC 20405, (202) 501-4755.

List of Subjects in 48 CFR Parts 1, 4, 5, 7, 8, 9, 11, 12, 15, 19, 26, 27, 29, 30, 31, 32, 38, 42, 45, 46, 50, 51, 52, and 53

Government Procurement.

Editorial and Technical Amendments

For the reason set forth above 48 CFR Parts 1, 4, 5, 7, 8, 9, 11, 12, 15, 19, 26, 27, 29, 30, 31, 32, 38, 42, 45, 46, 50, 51, 52, and 53 are amended as set forth below. The authority citation for 48 CFR 1, 4, 5, 7, 8, 9, 11, 12, 15, 19, 26, 27, 29, 30, 31, 32, 38, 42, 45, 46, 50, 51, 52, and 53 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. Ch. 137; and 42 U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATION SYSTEM

1.105-3 [Amended]

1. At 1.105-3 add ``CD-ROM,'' following ``loose-leaf,''.

1.201-2 [Amended]

2. At 1.201-2 remove paragraph (b)(2) and redesignate paragraphs (b)(3) through (5) as (b)(2) through (4).

PART 4--ADMINISTRATIVE MATTERS

4.602 [Amended]

3. At 4.602, in paragraph (b), remove the phrase ``FTS 441-1529,''.

PART 5--PUBLICIZING CONTRACT ACTIONS

5.201 [Amended]

4. 5.201 is amended in paragraph (d) by revising the telephone number at the end of the paragraph to read ``Telephone (202) 512-1800.''

5.207 [Amended]

5. 5.207(a)(2) is amended by revising the address which follows ``to:'' to read: ``Commerce Business Daily, U.S. Government Printing Office, P.O. Box 77880, Washington, DC 20013-8880.''

PART 7--ACQUISITION PLANNING

7.103 [Amended]

6. In 7.103(m) revise the reference to ``11.001(b)'' to read ``11.002(b)''.

7.105 [Amended]

7. 7.105 is amended at the end of paragraph (b)(13)(ii) by removing ``and'' at the end of the paragraph; and at the end of paragraph (b)(13)(iii) by removing the period and inserting ``; and''.

7.307 [Amended]

8. At 7.307, amend paragraph (b) by removing ``as prescribed in 14.408-8, Protests againstaward.'' and inserting ``as prescribed in subpart 33.1, Protests.''

9. 7.403(b)(2) is revised to read as follows:

7.403 General Services Administration assistance.

* * * * *

(b) * * *

(2) Federal Supply Service, Office of Acquisition (FC), Washington, DC 20406, for information on other types of equipment.

7.503 [Amended]

10. In 7.503(d)(11) ``Defense Industrial Security Program'' is revised to read ``National Industrial Security Program''.

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

8.501 [Amended]

11. At 8.501, the definitions ``Bureau helium distributor'' and ``Bureau of Mines'' are amended by revising ``Bureau of Mines'' to read ``Bureau of Land Management'' (3 times).

8.502 [Amended]

12. 8.502 is amended in the introductory text, (b)(1)(i) and (b)(2) by revising ``Bureau of Mines'' to read ``Bureau of Land Management''.

8.504 [Amended]

13. 8.504(a) and (b) are amended by revising ``Bureau of Mines'' to read ``Bureau of Land Management'' each time it appears.

8.901 [Amended]

14. At 8.901 in paragraph (b) ``(KRB), FMSS Contracting Officer, 18th and F Streets NW, Washington, DC 20405'' is revised to read ``(TFB), FMSS Contracting Officer, 5203 Leesburg Pike, Suite 1100, Falls Church, VA 22041.''

PART 9--CONTRACTOR QUALIFICATIONS

9.404 [Amended]

15. At 9.404(d)(1)(ii) the telephone number is revised to read ``(202) 512-1800''.

PART 11--DESCRIBING AGENCY NEEDS

11.201 [Amended]

16. At 11.201(d) remove the word ``Bureau'' following ``Federal Supply Service'' and revise the telephone number following ``(202)'' to read ``619-8925''.

11.701 [Amended]

17. At 11.701(c) introductory text, the reference to ``52.212-10'' is revised to read ``52.211-17''.

PART 12--ACQUISITION OF COMMERCIAL ITEMS

12.214 [Amended]

18. At 12.214 revise the reference to ``Appendix B'' to read ``Appendix''.

PART 15--CONTRACTING BY NEGOTIATION

19. At 15.804-6, in Table 15-2, under item 8B, at the entry ``Under Column 6'' revise the last sentence to read ``Column (5) less Column (4) = Column (6)''

PART 19--SMALL BUSINESS PROGRAMS

19.702 [Amended]

20. At 19.702(d), in the second sentence the telephone number is revised to read ``(703) 695-1536''.

PART 26--OTHER SOCIOECONOMIC PROGRAMS

26.103 [Amended]

21. At 26.103(b), the phrase ``MS-334A-SIB, Washington, DC 20245''

is revised to read ``MS-2626-MIB, Washington, DC 20240-4000''.

PART 27--PATENTS, DATA, AND COPYRIGHTS

27.302 [Amended]

22. At 27.302, at the beginning of paragraph (a), remove the ``(1)'' which follows the word ''Introduction''.

PART 29--OTHER SOCIOECONOMIC PROGRAMS

29.304 [Amended]

23. At 29.304(d)(3), in the last sentence, the address is revised to read: ``State of North Carolina, Department of Revenue, P.O. Box 25000, Raleigh NC 27640.''

PART 30--COST ACCOUNTING STANDARDS ADMINISTRATION

24. Part 30 is amended by revising the phrase ``Appendix B'' to read ``Appendix'' at:

Section and Paragraph

30.000 (2 times)

30.101(c)

30.201 (2 times)

30.201-1

30.201-2

30.201-3 (a) and (b) (2 times)

30.201-4 (a)(1) (2 times) and (a)(2), (b)(1) & (2), (c), (e)(1) (3 times) (e)(2) (2 times)

30.201-5

30.201-6

30.201-7

30.202-1

30.202-2

30.202-3

30.202-4

30.202-5

30.202-6(a)

30.202-7(a)

30.202-8(b)

Subpart 30.3 Note

Subpart 30.4 Note

Subpart 30.5 Note

30.602 introductory text

30.102 [Amended]

25. 30.102 is amended by revising the telephone number at the end of the section to read ``(202) 512-1800''.

PART 31--CONTRACT COST PRINCIPLES AND PROCEDURES

31.205-46 [Amended]

26. At 31.205-46(a)(2)(i) the stock number at the end of the paragraph is revised to read ``922-002-00000-2''.

PART 32--CONTRACT FINANCING

32.503-7 [Amended]

27. 32.503-7 is amended in the introductory text by removing the phrase ``Appendix B'' and inserting ``Appendix''.

28. 32.907-1 is amended by revising paragraph (g)(3)(i) as follows:

32.907-1 Late invoice payment.

* * * * *

(g) * * *

(3)(i) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except--

(A) The additional penalty shall not exceed $5,000;

(B) The additional penalty shall never be less than $25; and

(C) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

* * * * *

PART 38--FEDERAL SUPPLY SCHEDULE CONTRACTING

38.101 [Amended]

29. 38.101 is amended in the second sentence of paragraph (a) by removing ``possible'' and inserting ``possibly''.

38.201 [Amended]

30. 38.201(b) ``Office of Commodity Management (FC)'' is revised to read ``Office of Acquisition (FC)''.

PART 42--CONTRACT ADMINISTRATION

31. In 42.102(a) the second and third sentences are revised to read as follows:

42.102 Procedures.

(a) * * * Questions regarding contract administration offices may be referred to: HQ Defense Logistics Agency, ATTN: DLA: DASC-WP, 8725 John J Kingman Road, Fort Belvoir, VA 22060. Questions regarding audit offices may be referred to the: Defense Contract Audit Agency, ATTN:

CMO Publications Officer, 8725 John J. Kingman Road, Suite 2135, Fort Belvoir, VA 22060-6219. * * *

42.302 [Amended]

32. At 42.302(a)(11) introductory text the reference to ``Appendix B'' is revised to read ``Appendix''.

PART 45--GOVERNMENT PROPERTY

45.607-2 [Amended]

33. 45.607-2(b), in the last sentence, beginning with ``DOD Precious Metals Recovery Program'' the address is revised to read: ``Defense Logistics Agency, ATTN: DLA: SIP, 8725 John J Kingman Road, Fort Belvoir, VA 22060.

45.608-6 [Amended]

34. At 45.608-6, in paragraph (b), ``the Administrator, General Services Administration'' is removed and the following address is inserted in its place as follows: ``General Services Administration, Office of Governmentwide Policy, Office of Transportation and Personal

Property (MT), 1800 F Street NW., Washington, DC 20405''.

PART 46--QUALITY ASSURANCE

46.601 General.

35. Under Subpart 46.6--Material Inspection and Receiving Reports, a section heading is added to the text to read as set forth above.

PART 50--EXTRAORDINARY CONTRACTUAL ACTIONS

50.104 [Amended]

36. At 50.104(b), in the first sentence of the introductory text,

revise the internal references ``(1)'' and ``(2)'' to read ``(b)(1)''

and ``(b)(2)''.

PART 51--USE OF GOVERNMENT SOURCES BY CONTRACTORS

51.102 [Amended]

37. At 51.102(c)(1) remove ``FSR'' and insert ``FCSI''; at paragraph (c)(4) the address is revised to read as follows: ``Department of the Interior, Bureau of Land Management, Helium Field Operations, 801 S. Fillmore Street, Amarillo, TX 79101-3545 and at (e)(3)(iii) remove ``Bureau of Mines'' and insert ``Bureau of Land Management''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

52.101 [Amended]

38. At 52.101, in paragraph (b)(1), amend the fourth sentence by removing ``texts'' and inserting ``text''.

52.102-1 [Amended]

39. At 52.102-1, amend paragraph (c)(1) by removing ``Solicitations'' and inserting ``Solicitation''.

52.106 [Removed and Reserved]

40. 52.106 is removed and reserved.

52.200 [Amended]

41. 52.200 is amended by removing ``texts'' and inserting ``text''.

52.203-11 [Amended]

42. At 52.203-11, amend paragraph (b) in the introductory text by removing the comma following ``1989''.

52.203-12 [Amended]

43. At 52.203-12 revise the clause date to read ``(Jun 1997)''; in paragraph (a) amend the definition of ``Covered Federal action'' by redesignating paragraphs (a) through (e) as (1) through (5), respectively; and in the definition ``Officer or employee of an agency'' redesignate paragraphs (a) through (d) as (1) through (4), respectively.

52.204-3 [Amended]

44. At 52.204-3 revise the clause date to read ``(Jun 1997)'' and amend paragraph (e) by removing ``clause'' and inserting ``provision'' at the end of the first sentence.

52.208-8 [Amended]

45. At 52.208-8 revise the clause date to read ``(Jun 1997)'' and at paragraphs (a) in the definitions of Bureau helium distributor and Bureau of Mines (3 times), (b)(2)(i) and (ii), (b)(3) introductory text, and (c)(2) revise ``Bureau of Mines'' to read ``Bureau of Land Management''.

52.211-1 [Amended]

46. In 52.211-1 revise the clause date to read ``(Jun 1997)'' and at paragraph (a) revise the parenthetical containing two telephone numbers to read ``(Telephone (202) 619-8925)''.

52.211-2 [Amended]

47. In 52.211-2 revise the clause date to read ``(Jun 1997)'' and remove the last paragraph which begins with ``Telephone Order Entry System * * *''

52.211-8 and 52.211-9 [Amended]

48. At 52.211-8 and 52.211-9 revise the clause date to read ``(Jun 1997)'' and redesignate paragraphs (b)(i) and (ii) of the clauses as (b)(1) and (2).

52.212-1 [Amended]

49. At 52.212-1 revise the clause date to read ``(Jun 1997)'' and at the end of paragraph (i)(1) revise the telephone number to read ``((202) 619-8925)''.

52.215-10 [Amended]

50. At 52.215-10 revise the clause date to read ``(Jun 1997).''

52.219-8 [Amended]

51. At 52.219-8, revise the clause date to read ``(Jun 1997)'' and redesignate paragraphs (d)(i) and (ii) of the clause as (d)(1) and (2).

52.225-5 [Amended]

52. At 52.225-5 revise the clause date to read ``(Jun 1997)'' and, in the parenthetical of paragraph (b)(2) revise ``accepted'' to read ``excepted''.

52.225-15 [Amended]

53. At 52.225-15 revise the clause date to read ``(Jun 1997)'' and, in the parenthetical of paragraph (b)(3), revise ``accepted'' to read ``excepted''.

52.227-11 [Amended]

54. At 52.227-11 revise the clause date to read ``(Jun 1997)'' and in paragraph (a)(2) remove ``of'' the first time it appears and insert ``or'' in its place.

52.227-16 [Amended]

55. At 52.227-16 insert ``(End of clause)'' at the end of the section.

56. At 52.232-25 revise the clause date; remove from the beginning of paragraph (a)(7)(i) introductory text ``If this contract was awarded on or after October 1, 1989,''; and revise paragraph (a)(7)(iii)(A) to read as follows:

52.232-25 Prompt Payment.

* * * * *

Prompt Payment (Jun 1997)

* * * * *

(a) * * *

(7) * * *

(iii)(A) The additional penalty shall be equal to 100 percent of

any original late payment interest penalty, except--

(1) The additional penalty shall not exceed $5,000;

(2) The additional penalty shall never be less than $25; and

(3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

* * * * *

57. At 52.232-26 revise the clause date; remove, from the beginning of paragraph (a)(6)(i) introductory text, ``If this contract was awarded on or after October 1, 1989,''; and revise paragraph (a)(6)(iii)(A) to read as follows:

52.232-26 Prompt Payment for Fixed-Price Architect-Engineer Contracts.

* * * * *

PROMPT PAYMENT FOR FIXED-PRICE ARCHITECT-ENGINEER CONTRACTS (JUN 1997)

* * * * *

(a) * * *

(6) * * *

(iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except--

(1) The additional penalty shall not exceed $5,000;

(2) The additional penalty shall never be less than $25; and

(3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

* * * * *

58. 52.232-27 revise the clause date; remove from the beginning of paragraph (a)(6)(i) introductory text, ``If this contract was awarded on or after October 1, 1989,''; and revise paragraph (a)(6)(iii)(A) to read as follows:

52.232-27 Prompt Payment for Construction Contracts.

* * * * *

PROMPT PAYMENT FOR CONSTRUCTION CONTRACTS (JUN 1997)

* * * * *

(a) * * *

(6) * * *

(iii)(A) The additional penalty shall be equal to 100 percent of any original late payment interest penalty, except--

(1) The additional penalty shall not exceed $5,000;

(2) The additional penalty shall never be less than $25; and

(3) No additional penalty is owed if the amount of the underlying interest penalty is less than $1.

* * * * *

52.237-3 [Amended]

59. At 52.237-3, in the second sentence of paragraph (c), ``onsite'' is revised to read ``on-site''.

60. At 52.247-64 revise the clause date; revise the address in paragraphs (c)(1)(ii) and (f); also in (f) revise the telephone number to read as follows :

52.247-64 Preference for Privately-Owned U.S.-Flag Commercial Vessels.

* * * * *

PREFERENCE FOR PRIVATELY-OWNED U.S.-FLAG COMMERCIAL VESSELS (JUN 1997)

* * * * *

(c)(1)(ii) Office of Cargo Preference, Maritime Administration (MAR-590), 400 Seventh Street, SW, Washington, DC 20590. * * *

* * * * *

(f) * * * Office of Cargo Preference, Maritime Administration (MAR-590), 400 Seventh Street, SW, Washington, DC 20590, Phone: 202-366-4610.

* * * * *

61. At 52.247-67 revise the clause date and amend paragraph (b) to revise the address at the end of the first sentence as follows:

52.247-67 Submission of Commercial Transportation bills to the General

Services Administration for Audit.

* * * * *

SUBMISSION OF COMMERCIAL TRANSPORTATION BILLS TO THE GENERAL SERVICES

ADMINISTRATION FOR AUDIT (JUN 1997)

* * * * *

(b) * * * General Services Administration, ATTN: FWA, 1800 F Street, NW., Washington, DC 20405. * * *

* * * * *

52.301 [Amended]

62. Add a note under 52.301 to read as follows:

52.301 Solicitation provisions and contract clauses (Matrix).

Note: The FAR matrix is not carried in the CFR. It is available in the loose-leaf edition.

PART 53--FORMS

53.103 [Amended]

63. At 53.103(b) remove the parenthetical at the end of the paragraph.

52.301-25 and 53.301-28 [Revised]

64. 53.301-25 and 53.301-28 (Standard forms 25 and 28) are revised

53.301-281 Standard Form 281, FPDS--Summary Contract Action ($25,000 or Less).

65. The heading of section 53.301-281 is revised to read as set forth above.

53.301-1408 Preaward Survey of Prospective Contractor--Accounting System.

66. For 53.301-1408 the heading is revised to read as set forth above.

53.301-1412 [Removed]

67. 53.301-1412 is removed.

53.301-1419 [Removed]

68. 53.301-1419 is removed.

69. At 53.302-336 remove the text preceding Optional Form 336. The text to be removed reads as follows:

``FAC 84-18 July 30, 1986''

``Part 53--Forms''

``53.302-336''

* * * * *

70.53.302-336 is further amended by removing the citation ``53-150.1'', which follows the Optional Form 336.

Signed: June 26, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.