[Federal Register Volume 66, Number 8 (Thursday, January 11, 2001)]
[Proposed Rules]
[Pages 2752-2753]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-652]
[[Page 2751]]
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Part VI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 CFR Parts 8 and 52
Federal Acquisition Regulation; Acquisition of Helium; Proposed Rule
Federal Register / Vol. 66, No. 8 / Thursday, January 11, 2001 /
Proposed Rules
[[Page 2752]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 8 and 52
[FAR Case 2000-008]
RIN: 9000-AJ09
Federal Acquisition Regulation; Acquisition of Helium
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to implement the Helium
Privatization Act of 1996 and associated changes to the U.S. Department
of the Interior's regulations regarding its helium program.
DATES: Interested parties should submit comments in writing on or
before March 12, 2001 to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to: General Services Administration,
FAR Secretariat (MVR), 1800 F Street, NW, Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to: [email protected]
Please submit comments only and cite FAR case 2000-008 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Linda Nelson, Procurement Analyst, at (202) 501-
1900. Please cite FAR case 2000-008.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule revises FAR subpart 8.5 and the clause at
52.208-8 to implement the U.S. Department of the Interior's final rule
regarding helium contracts that was published in the Federal Register
at 63 FR 66760, December 3, 1998.
The proposed rule--
Requires agencies and their contractors and subcontractors
to purchase major helium requirements from Federal helium suppliers;
Changes the definitions;
Eliminates the requirement for certain contractors and
subcontractors to submit helium forecasts; and
Establishes the requirement that contractors and
subcontractors under contracts with a major helium requirement must
report purchases of helium from Federal helium suppliers.
The rule is written using plain language in accordance with the White
House memorandum, Plain Language in Government Writing, dated June 1,
1999.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule to have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule eliminates the information requirement for submitting
helium forecasts and replaces it with a similar information requirement
to report helium purchases. We estimate that the net change is zero. An
Initial Regulatory Flexibility Analysis has, therefore, not been
performed. We invite comments from small businesses and other
interested parties. The Councils will consider comments from small
entities concerning the affected FAR parts 8 and 52 in accordance with
5 U.S.C. 610. Interested parties must submit such comments separately
and should cite 5 U.S.C. 601, et seq. (FAR case 2000-008), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does apply; however, the proposed
changes to the FAR do not materially change existing information
collection requirements under OMB Control Number 9000-0113, which was
previously approved by the Office of Management and Budget under 44
U.S.C. 3501, et seq.
List of Subjects in 48 CFR parts 8 and 52
Government procurement.
Dated: January 4, 2001.
Al Matera,
Acting Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose that 48 CFR parts 8 and 52 be
amended as set forth below:
1. The authority citation for 48 CFR parts 8 and 52 continues to
read as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
Sec. 8.500 [Amended]
2. Amend section 8.500 by removing ``30 CFR Parts 601 and 602'' and
add ``43 CFR part 3195'' in its place.
3. Amend section 8.501 as follows:
(a) Remove the definitions ``Bureau helium'' and ``Helium
requirement forecast'';
(b) Amend the definition ``Bureau of Land Management'' by removing
``Field'' and after the word ``Street'' adding `` Suite 500'';
(c) Add the definition ``Federal helium supplier''; and
(d) Revise the definition ``Major helium requirement''; The added
and revised text reads as follows:
8.501 Definitions.
* * * * *
Federal helium supplier means a private helium vendor that has an
in-kind crude helium sales contract with the Bureau of Land Management
(BLM) and that is on the BLM Amarillo Field Office's Authorized List of
Federal Helium Suppliers available via the Internet at http://www.nm.blm.gov/www/amfo/amfo_home.html.
Major helium requirement means an estimated refined helium
requirement greater than 200,000 standard cubic feet (scf) (measured at
14.7 pounds per square inch absolute pressure and 70 degrees Fahrenheit
temperature) of gaseous helium or 7510 liters of liquid helium
delivered to a helium use location per year.
4. Revise section 8.502 to read as follows:
8.502 Policy.
Agencies and their contractors and subcontractors must purchase
major helium requirements from Federal helium suppliers, to the extent
that supplies are available.
5. Revise sections 8.504 and 8.505 to read as follows:
8.504 Procedures.
The contracting officer must forward the following information to
the Bureau
[[Page 2753]]
of Land Management within 45 days of the close of each fiscal quarter--
(a) The name of any company that supplied a major helium
requirement;
(b) The amount of helium purchased;
(c) The delivery date(s); and
(d) The location where the helium was used.
8.505 Contract clause.
Insert the clause at 52.208-8, Required Sources for Helium and
Helium Usage Data, in solicitations and contracts if it is anticipated
that performance of the contract involves a major helium requirement.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
6. Revise section 52.208-8 to read as follows:
52.208-8 Required Sources for Helium and Helium Usage Data.
As prescribed in 8.505, insert the following clause:
Required Sources for Helium and Helium Usage Data (Date)
(a) Definitions. As used in this clause--
Bureau of Land Management means the-- Department of the
Interior, Bureau of Land Management, Helium Operations 801 South
Fillmore Street, Suite 500, Amarillo, TX 79101-3545.
Federal helium supplier means a private helium vendor that has
an in-kind crude helium sales contract with the Bureau of Land
Management (BLM) and that is on the BLM Amarillo Field Offices
Authorized List of Federal Helium Suppliers available via the
Internet at http://www.nm.blm.gov/www/amfo/amfo_home.html.
Major helium requirement means an estimated refined helium
requirement greater than 200,000 standard cubic feet (scf) (measured
at 14.7 pounds per square inch absolute pressure and 70 degrees
Fahrenheit temperature) of gaseous helium or 7510 liters of liquid
helium delivered to a helium use location per year.
(b) Requirements--(1) Contractors must purchase major helium
requirements from Federal helium suppliers, to the extent that
supplies are available.
(2) The Contractor shall provide to the Contracting Officer the
following data within 10 days after the Contractor or subcontractor
receives a delivery of helium from a Federal helium supplier--
(i) The name of the supplier;
(ii) The amount of helium purchased;
(iii) The delivery date(s); and
(iv) The location where the helium was used.
(c) Subcontracts. The Contractor shall insert this clause,
including this paragraph (c), in any subcontract or order that
involves a major helium requirement. (End of clause)
[FR Doc. 01-652 Filed 1-10-01; 8:45 am]
BILLING CODE 6820-EP-U