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We Read the Federal Register So You Don't Have To

FAR Changes: Interim and Final Rules

The civilian and defense Federal Acquisition Regulation Councils have published several interim and final rules:

Interim rule prohibits architect-engineer services from being offered under Federal Supply Schedules or governmentwide task and delivery order contracts unless the services are performed under the direct supervision of a licensed professional architect or engineer. This implements Section 1427 of the Services Acquisition Reform Act of 2003. Comments are due May 9. Submit comments to farcase.2004-001@gsa.gov and cite FAC 2005-01, FAR case 2004-001.

Interim rule amends the FAR language regarding advance notification requirements. This change implements Section 842 of the 2004 National Defense Authorization Act. Submit comments by May 9 to farcase.2003-024@gsa.gov and cite FAC 2005-01, FAR case 2003-024.

Interim rule increases the justification and approval thresholds for DOD, NASA and the Coast Guard, as a result of Section 815 of the 2005 Defense Authorization Act. Send comments by May 9 to farcase.2004-037@gsa.gov and cite FAC 2005-01, FAR case 2004-037.

Interim rule adds landscaping and pest control services to the Small Business Competitiveness Demonstration Program. This FAR revision implements Section 821 of the 2005 Defense Authorization Act. Send comments by may 9 to farcase.2004-036@gsa.gov and cite FAC 2005-01, FAR case 2004-036.

Final rule extends the timeframe to use the test program for commercial items. FAC 2005-01, FAR case 2004-034.

Final rule amends language on Cost Accounting Standards. FAC 2005-01; FAR Case 1999-025;

Final rule to clarify the intent of the list of items determined to be nonavailable for purposes of the Buy American Act, and to emphasize the need to conduct market research for potential domestic sources. FAC 2005-01, FAR case 2003-021.

Final rule requires that the FAR clause, Subcontracts for Commercial Items, be inserted in solicitations and contracts other than those for commercial items. 005-01, FAR case 2002-021.

Liability Rule Change Proposed

GSA is requesting industry comments on whether its acquisition regulation should be revised to include a waiver of consequential damages for contracts awarded for commercial items.

The agency said it is considering amending FAR Part 12, the commercial items section, to conform to commercial practices regarding liability. It said current liability provisions might discourage some companies from doing business with the government and force others to increase prices to account for the uncertain risk.

It also is seeking comment about post-award audit rules in GSA schedules and other multiple award contracts.

The notice is FR Doc 05-4776 in the March 11 Federal Register. Submit comments by March 25 using the subject GSAR ANPR 2005-N01. Address comments to gsaranpr.2005-N01@gsa.gov. A public meeting on the issues is scheduled for April 14 at GSA headquarters in Washington.

OMB Proposes 2007 Revisions to NAICS Codes

The Office of Management and Budget plans to overhaul the NAICS codes covering telecommunications, Internet services other data processing and information services.

OMB released the proposed changes in the NAICS code system that will take effect in 2007. The proposals were developed in collaboration with government agencies in Mexico and Canada that also use the North American Industry Classification System.

OMB proposes broad changes in classifications for Telecommunications (517); Internet Service Providers, Web Search Portals, and Data Processing Services (518); and Other Information Services (519).

Since many companies now provide a bundle of voice, data, and video services, OMB said, “it is becoming increasingly difficult to distinguish between a cable company and a telephone company.”

OMB rejected industry requests to create new classifications for design-build firms and biotechnology industries.

The notice is available at www.census.gov/naics. Comments are due June 9. Send e-mail comments to naics@omb.eop.gov or fax to 202-395-7245 with subject NAICS07.


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