DATE: January 30, 2003

SUBJECT: Federal Acquisition Regulation (FAR); Laws Inapplicable to Acquisitions of Commercially Available Off-the-Shelf Items

SOURCE: Federal Register, January 30, 2003, Vol. 68, No. 20, page 4873

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

ACTION: Advanced Notice of Proposed Rulemaking (ANPR)

SYNOPSIS: The Federal Acquisition Regulatory Council is soliciting comments regarding the implementation of Section 4203 of the Federal Acquisition Reform Act (part of the Clinger-Cohen Act), which requires that the FAR list the provisions of law that are inapplicable to contracts for acquisition of commercially available off-the-shelf items. However, the list of statutes cannot include a provision of law that provides for criminal or civil penalties.

DATES: Comments are due on or before March 31, 2003.

ADDRESSES: Submit written comments on interim rule to General Services Administration, FAR Secretariat (MVA), 1800 F Street, NW, Room 4035, Attn: Laurie Duarte, Washington, DC 20405. Submit e-mail comments to: farcase.2000-3005@gsa.gov. Cite "FAR case 2000-305" when referring to this ANPR.

FOR FURTHER INFORMATION CONTACT: Victoria Moss, Procurement Analyst, 202-501-4764.

SUPPLEMENTAL INFORMATION: Certain laws have already been determined to be inapplicable to all commercial items as a result of the implementation of the Federal Acquisition Streamlining Act of 1994 (see FAR 12.503, Applicability of Certain Laws to Executive Agency Contracts for the Acquisition of Commercial Items). The additional provisions of law that could be determined inapplicable to commercially available off-the-shelf items are as follows:

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

Copyright 2003 by Panoptic Enterprises. All Rights Reserved.

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