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Barry McVay's FEDERAL CONTRACTS DISPATCH

DATE: March 30, 2000

FROM: Barry McVay, CPCM

SUBJECT: Office of Federal Procurement Policy (OFPP); Rescission of 22 Policy Letters

SOURCE: Federal Register, March 29, 2000, Vol. 65, No. 62, page 16968

AGENCIES: Office of Management and Budget (OMB), Office of Federal Procurement Policy (OFPP)

ACTION: Rescission of Policy Letters

SYNOPSIS: OFPP is rescinding 22 Policy Letters because changes to various statutes and the Federal Acquisition Regulation (FAR) have made them unnecessary.

EFFECTIVE DATE: March 30, 2000.

FOR FURTHER INFORMATION CONTACT: Michael Gerich, OFPP, 202-395-3501.

SUPPLEMENTAL INFORMATION: On September 15, 1999, OFPP published a proposal to rescind 22 policy letters after a thorough review of the letters, acquisition regulations, and other related policy documents indicated that they were no longer needed because they have been superseded by statutory changes or are no longer necessary. No comments were received, so OFPP is rescinding the following policy letters:

• 77-2, Section 502(c) of Pub. L. 95-89
• 78-2, Preventing "Wage Busting" for Professionals: Procedures for Evaluating Contractor Proposals for Service Contracts
• 78-3, Requests for Disclosure of Contractor-Supplied Information Obtained in the Course of a Procurement
• 78-4, Field Contract Support Cross-Servicing Program
• 79-1, Implementation of Section 15(k) of the Small Business Act, as amended: Office of Small and Disadvantaged Business Utilization
• 79-2, Boards of Contract Appeals: Position Allocation Pursuant to Public Law 95-563
• 80-3, Regulatory Guidance on Pub. L. 95-563, the Contract Disputes Act of 1978
• 80-6, Regulatory Guidance on Section 221 of Public Law 95-507
• 80-8, Establishment of Procurement Data Reporting Requirements to Comply with Public Law 96-39 (as amended by Transmittal Memoranda Nos. 1, 2, and 3)
• 81-1, Procurement Procedures, Advance Procurement Planning, and Review of End-of-Year Purchases
• 81-2, Policy Guidance for the Labor Surplus Area Programs
• 82-1, Policy Guidance Concerning Government-wide Debarment, Suspension, and Ineligibility
• 83-1, Withholding of Funds from Construction Contract Progress Payments
• 83-2, Publicizing the Development of Procurement Policies and Regulations
• 83-3, Procurement of Architect-Engineer Services
• 84-1, Federally Funded Research and Development Centers
• 85-1, Federal Acquisition Regulations System
• 89-1, Conflict of Interest Policies Applicable to Consultants
• 91-2, Service Contracting
• 91-4, Use of Irrevocable Letters of Credit
• 92-5, Past Performance Information
• 95-1, Subcontracting Plans for Companies Supplying Commercial Items

Eleven OFPP Policy Letters remain in effect:

• 80-1, P.L. 95-507, Section 211, Subcontracting: Agency Coordination with the Small Business Administration Resident Procurement Center Representatives
• 80-2, Regulatory Guidance on Section 211 of P.L. 95-507
• 80-2, Regulatory Guidance on Section 211 of P.L. 95-507, as amended by Supplement No. 1
• 80-4, Women's Business Enterprise Program
• 91-3, Reporting Nonconforming Products
• 92-1, Inherently Governmental Functions
• 92-3, Procurement Professionalism Program Policy -- Training for Contracting Personnel
• 92-4, Procurement of Environmentally-Sound and Energy-Efficient Products and Services
• 93-1, Management Oversight of Service Contracting
• 97-01, Procurement System Education, Training and Experience Requirements for Acquisition Personnel
• 99-1, Small Business Procurement Goals

Copies of these Policy Letters may be obtained at the following website: http://www.arnet.gov/Library/OFPP/PolicyLetters.

FOR FURTHER INFORMATION CONTACT: Barry McVay at 703-451-5953 or by e-mail to BarryMcVay@FedGovContracts.com.

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