DATE: March 9, 2001

SUBJECT: Federal Acquisition Circular (FAC) 97-22; Delay in Effective Date

SOURCE: Federal Register, March 9, 2001, Vol. 66, No. 47, page14259

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

ACTION: Delay in Final Rules

SYNOPSIS: To comply with President Bush's memorandum directing the temporary 60 day delay in the implementation of regulations that have not gone into effect, the effective date of the FAC 97-22 final rules that were to go into effect on March 12, 2001, is postponed until May 11, 2001.

EDITOR'S NOTE: For more on President's memorandum, see the January 24, 2001, FEDERAL CONTRACTS DISPATCH "Executive Office of the President; Delay in Regulatory Implementation."

For more on FAC 97-22, see the January 10, 2001, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-22, Miscellaneous Amendments."

EFFECTIVE DATES: The effective date of FAC 97-22, Items 1, 3, 4, and 5, is delayed 60 days, from March 12, 2001, to May 11, 2001.

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

SUPPLEMENTAL INFORMATION: On January 20, 2000, the day President Bush was inaugurated, the Executive Office of the President issued a memorandum to the heads of all federal agencies directing them to withdraw all rules and regulations that had been sent to the Federal Register but not published, and to postpone for 60 days the effective date of all rules and regulations that have been published in the Federal Register but have not taken effect.

FAC 97-22 was published January 10, 2001, and it consisted of six final rules that amend the Federal Acquisition Regulation (FAR). Two of the final rules (Item 2, Applicability, Thresholds, and Waiver of Cost Accounting Standards Coverage; and Item 6, Technical Amendments) went into effect on January 10, 2001, so they were unaffected by the memorandum. However, four of the final rules (Item 1, Definitions; Item 3, Advance Payments for Non-Commercial Items; Item 4, FAR Part 12, Acquisition of Commercial Items, and Assignment of Claims; and Item 5, Clause Flowdown -- Commercial Items) were to go into effect 60 days after publication -- March 12, 2001. Since these rules had not gone into effect, their effective date is delayed 60 days, until May 11, 2001.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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