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DEPARTMENT OF DEFENSE

Veterans Affairs Department

CFR Citation: 48 CFR Chapter 1

NOTICE: Part V

DOCUMENT ACTION: Summary presentation of final rules and technical amendments and corrections.

SUBJECT CATEGORY: Federal Acquisition Circular 2001-18; Introduction

DATES: For effective dates and comment dates, see separate documents which follow.

DOCUMENT SUMMARY: This document summarizes the Federal Acquisition Regulation (FAR) rules agreed to by the Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council in this Federal Acquisition Circular (FAC) 200118. A companion document, the Small Entity Compliance Guide (SECG), follows this FAC. The FAC, including the SECG, is available via the Internet at http://www.arnet.gov/far.

SUMMARY: Defense Department; General Services Administration; National Aeronautics and Space Administration,

SUPPLEMENTAL INFORMATION

Summaries for each FAR rule follow. For the actual revisions and/or amendments to these

FAR cases, refer to the specific item number and subject set forth in the documents following these item summaries.

FAC 200118 amends the FAR as specified below:
Item INew Consolidated Form for Selection of ArchitectEngineer Contractors (FAR Case 2000608)

This final rule amends the FAR to replace SF 254, Architect Engineer and Related Services Questionnaire, and SF 255, Architect Engineer and Related Services Questionnaire for Specific Projects, with SF 330, ArchitectEngineer Qualifications. The SF 330 reflects current architectengineer practices in a streamlined and updated format and is organized into data blocks that readily support automation. An interagency ad hoc committee developed the SF 330. It was based on the results of a joint Federalindustry survey of the existing SFs 254 and 255 conducted by the Standing Committee on Procurement and Contracting of the Federal Facilities Council (FCC) in 1995 and published in 1996 as FCC Report Number 130, entitled ``Survey on the Use of SFs 254 and 255 for ArchitectEngineer Qualifications.'' The survey's purpose was to evaluate the current use of the forms, which are used for the submission of qualifications by architectengineer (AE) firms interested in Federal contracts, and to identify possible improvements which would enable the existing forms to better serve the needs of Federal agencies and the AE industry.

The policies and the SF 330, ArchitectEngineer Qualifications, of this final rule are effective for all agencies and their solicitations issued on or after January 12, 2004. However, agencies may delay implementation of this final rule until June 8, 2004, at which time it becomes mandatory for all agencies and their solicitations issued on or after that date. Use of the SF 330 becomes effective January 12, 2004. However, until June 8, 2004, agencies may authorize the continued use of the SFs 254 and 255 instead.

Item IIDepreciation Cost Principle (FAR Case 2001026)

This final rule amends FAR parts 2 and 31 to revise the depreciation cost principle (FAR 31.20511) by improving clarity and structure and removing unnecessary and duplicative language. The case was initiated at the request of the Aerospace Industries Association. The rule does not change the allowability of depreciation costs. However, changes have been made that may effect the determination of depreciable costs for tangible personal property; for example, only residual values in excess of 10 percent need be used and residual values need not be recognized when certain depreciation methods are used. This rule is of particular interest to contractors and contracting officers who use cost analysis to price contracts and modifications, and who determine or negotiate reasonable costs in accordance with a clause of a contract, e.g., price revision of fixed price incentive contracts, terminated contracts, or indirect cost rates.

Item IIIFederal Procurement Data System (FAR Case 2003019)

This final rule amends the FAR to revise FAR 4.602 to [sbull] Reflect that the information in FPDSNG is available to the general public;
[sbull] Provide the website for FPDSNG, which must be entered as https://www.fpds.gov; [sbull] Delete the physical address for the Federal Procurement Data Center;
[sbull] Allow agencies to report all transactions between $2,500 and $25,000 to FPDSNG as either individual contract actions or summary contract actions until September 30, 2004;
[sbull] Require all contract actions over $2,500 be reported to FPDSNG as individual contract actions after September 30, 2004; [sbull] Require agencies to insert the provision at 52.2046, Data Universal Numbering System (DUNS) Number, in solicitations when the expected award amount will result in the generation of an individual contract action report and the contract does not include FAR clause 52.2047, Central Contractor Registration; and
[sbull] Eliminate the use of the SF 279, Federal Procurement Data System (FPDS)Individual Contract Action
[[Page 69227]]
Report, and the SF 281, Federal Procurement Data System (FPDS)Summary Contract Action Report ($25,000 or Less).
Item IVIncreased Federal Prison Industries, Inc. Waiver Threshold (FAR Case 2003001)

The interim rule published as Item V of FAC 2001014 is adopted as final without change. The interim rule amended the FAR to increase the Federal Prison Industries, Inc.'s (FPI) clearance exception threshold at FAR 8.606(e) from $25 to $2,500, and deleted the criterion that delivery is required within 10 days. Federal agencies are not required to make purchases from FPI of products on FPI's Schedule that are at or below this threshold. Federal agencies, however, may continue to consider and purchase products from FPI that are at or below $2,500. Item VDebarment and SuspensionOrder Placement and Option Exercise (FAR Case 2002010)

This final rule amends FAR part 9 to address the placement of orders under existing contracts and agreements with contractors that have been debarred, suspended, or proposed for debarment.

Item VIInsurance and Pension Costs (FAR Case 2001037)

This final rule amends the FAR to revise the Insurance and Indemnification cost principle (FAR 31.20519), and the portion of the Compensation for Personal Services cost principle relating to pension costs (FAR 31.2056(j)). The rule revises both cost principles by improving clarity and structure, and removing unnecessary and duplicative language. Changes to FAR 31.2056(j) include: Use of terminology consistent with Cost Accounting Standard (CAS) 412, Measurement of Pension Costs, and CAS 413, Adjustment and Allocation of Pension Cost; how the Government receives pension cost adjustment amounts for CAScovered and nonCAScovered contracts; revision of the allowability limitation on employee stock ownership plan (ESOP) contributions; and removal of the requirement for the contracting officer to approve the ESOP contribution rate. Changes to FAR 31.20519 include the elimination of the U.S. Treasury discount rate provision for computing actual losses. The case was initiated as a result of comments and recommendations received from industry and Government representatives during a series of public meetings. This rule is of particular interest to contractors and contracting officers who use cost analysis to price contracts and modifications, and who determine or negotiate reasonable costs in accordance with a clause of a contract, e.g., price revision of fixedprice incentive contracts, terminated contracts, or indirect cost rates.
Item VIIDebriefingCompetitive Acquisition (FAR Case 2002014)

This rule amends the FAR to include requirements for debriefing unsuccessful offerors under competitive proposals, as required by Sections 1014 and 1064 of the Federal Acquisition Streamlining Act of 1994, as amended, 10 U.S.C. 2305(b) and 41 U.S.C. 253b, respectively. Specifically, 10 U.S.C. 2305(b)(5)(D) and 41 U.S.C. 253b(e)(4) requires each solicitation for competitive proposals to include a statement that prescribes minimal information that shall be disclosed in postaward debriefings. This rule also amends FAR 52.2121 and 52.2151 to implement the statutory requirements, and the past performance debriefing requirement at FAR 15.506(d)(2), by listing all the prescribed minimal information that shall be disclosed in postaward debriefings.

Item VIIITechnical Amendments

This amendment makes editorial changes at FAR 1.2011(b)(1); 6.302 7(c)(1)(i); 13.500(d); 25.701(b); 52.2047, Alternate I; 52.2112(a) and (b); and 52.22513(b).

Dated: December 4, 2003.
Laura Auletta,
Director, Acquisition Policy Division.

Federal Acquisition Circular

Federal Acquisition Circular (FAC) 200118 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration.

Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 200118 are effective January 12, 2004, except for Items III, IV, and VIII which are effective December 11, 2003.

Dated: December 1, 2003.
Domenic C. Cipicchio,
Acting Director, Defense Procurement and Acquisition Policy.

Dated: December 1, 2003.
Joseph A. Neurauter,
Acting Deputy Associate Administrator, Office of Acquisition Policy, General Services Administration.

Dated: November 24, 2003.
Tom Leudtke,
Assistant Administrator for Procurement, National Aeronautics and Space Administration.

FOR FURTHER INFORMATION CONTACT The FAR Secretariat at (202) 501-4755 for information pertaining to status or publication schedules. For clarification of content, contact the analyst whose name appears in the table below in relation to each FAR case or subject area. Please cite FAC 200118 and specific FAR case number(s). Interested parties may also visit our Web site at http://www.arnet.gov/far. Item Subject FAR case Analyst I.............. New Consolidated Form for Selection of 2000608 Davis. ArchitectEngineer Contractors.
II............. Depreciation Cost Principle.................. 2001026 Loeb. III............ Federal Procurement Data System.............. 2003019 Zaffos. IV............. Increased Federal Prison Industries, Inc. 2003001 Nelson. Waiver Threshold.
V.............. Debarment and SuspensionOrder Placement and 2002010 Goral. Option Exercise.
VI............. Insurance and Pension Costs.................. 2001037 Loeb. VII............ DebriefingCompetitive Acquisition.......... 2002014 Wise. VIII........... Technical Amendments.........................