FEDERAL ACQUISITION CIRCULAR

FEDERAL ACQUISITION CIRCULAR

September 30, 1997

FAC 97-02

Federal Acquisition Circular (FAC) 97-02 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration.

The policies, provisions, and clauses of this final rule are effective for all solicitations issued on or after October 10, 1997. However, agencies may delay implementation of this final rule until January 1, 1998, at which time it becomes mandatory for all solicitations issued on or after that date. Agencies using the new policies, provisions, and clauses before January 1, 1998, shall ensure that the cover page of the solicitation for each acquisition subject to this rule, and issued before January 1, 1998, contains a notice that this rule applies to that acquisition. Any solicitation issued before January 1, 1998, that does not contain such a solicitation notice or the new provisions and clauses is automatically conducted in accordance with the FAR excluding changes made by this final rule.

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FAC 97-02 SUMMARY

Federal Acquisition Circular (FAC) 97-02 amends the Federal Acquisition Regulation (FAR) as specified below:

Part 15 Rewrite; Contracting by Negotiation and Competitive Range Determination (FAR Case 95-029)

The final rule revises Part 15, Contracting by Negotiation. The final rule infuses innovative techniques into the source selection process, simplifies the acquisition process, incorporates changes in pricing and unsolicited proposal policy, and facilitates the acquisition of best value products and services. The final rule emphasizes the use of effective and efficient acquisition methods and eliminates unnecessary burdens imposed on industry and Government. In addition, the rule revises the sequence in which Part 15 information is presented to facilitate use of the regulation.

Replacement pages:

i thru iv

14-11 and 14-12

vii and viii

14-15 and 14-16

1-3 thru 1-8

14-19 and 14-20

2-1 thru 2-4

14-23

3-3 thru 3-6

15-1 thru 15-40

3-11 and 3-12

(15-41 15-46

removed)

4-1 and 4-2

16-1 and 16-2

4-13

16-7 thru 16-10

5-1 thru 5-4

16-15 thru 16-18

5-9 and 5-10 6-1 thru 6-4 7-3 and 7-4 7-7 and 7-8 9-11 and 9-12 11-1 and 11-2 11-9

17-3 and 17-4 19-27 and 19-28 19-45 and 19-46 24-1 and 24-2 25-13 thru 25-16 27-3 thru 27-6 27-27 and 27-28

12-1 thru 12-4 12-7 and 12-8 13-3 thru 13-6 14-1 thru 14-6

28-3 and 28-4 31-1 and 31-2 31-5 thru 31-8 31-11 and 31-12

31-17 and 31-18 31-27 and 31-28 31-31 and 31-32 31-37 and 31-38 32-9 and 32-10 33-3 thru 33-8

34-1 and 34-2 35-3 and 35-4 36-1 and 36-2

36-5 thru 36-10 36-13 and 36-14 41-7 42-1 and 42-2 42-5 and 42-6 42-11 thru 42-14 42-27 thru 42-29

43-3 and 43-4 44-3 thru 44-6 45-3 and 45-4 45-7 and 45-8

48-3 and 48-4 49-5 and 49-6 49-9 and 49-10 49-15 and 49-16 50-3 and 50-4 52-1 thru 52-8

52-35 and 52-36 52-51 thru 52-72.1 (52-73 52-76

removed) 52-83 thru 52-88 52-91 thru 52-94 52-99 and 52-100 52-245 52-265 thru 52-268 52-335 and 52-336 Matrix Pages:

11 thru 19 39 and 40 53-1 thru 53-11 53-207 thru 53- 208.2 OFs 307 308 & 309.

CORRECTIONS The following corrections are made to the Federal Acquisition Regulation to correct cross-references and phrases and to reinstate text that was inadvertently ommitted. 16.402-1 [Corrected] 1. At 48 CFR 16.402-1 in paragraph (b) a cross-reference and phrase were corrected. Replacement pages: 16-9 and 16-10. 16.603-4 [Text reinstated] 2. Section 16.603-4 is amended at paragraph (b)(3) by correctly reinstating the second sentence which was added by FAC 90-32 at 60 FR 48217; September 18, 1995. Replacement pages: 16-17 and 16-18.

41.501 [Corrected] 2. Section 41.501 is corrected in paragraph (d)(3) by

revising the reference "paragraphs (f) and (i)" to read "paragraphs (d)(6) and (d)(4). Replacement page: 41-7. 52.247-64 [Corrected]

3. In the Editorial and Technical Corrections document appearing in the issue of July 25, 1997 (62 FR 40238), in the third column under section 52.247-64, the telephone number in paragraph (f) is corrected. Replacement pages: 52-335 and 52-336.

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FAC 97-02 FILING INSTRUCTIONS

Remove Pages

Insert Pages

General Structure and Subparts (pp i thru iv) (pp vii and viii)

General Structure and Subparts (pp i thru iv) (pp vii and viii)

1-3 thru 1-8 2-1 thru 2-4

1-3 thru 1-8 2-1 thru 2-4

3-3 thru 3-6 3-11 and 3-12

3-3 thru 3-6 3-11 and 3-12

4-1 and 4-2 4-13

4-1 and 4-2 4-13

5-1 thru 5-4 5-9 and 5-10

5-1 thru 5-4 5-9 and 5-10

6-1 thru 6-4

6-1 thru 6-4

7-3 and 7-4 7-7 and 7-8

7-3 and 7-4 7-7 and 7-8

9-11 and 9-12

9-11 and 9-12

11-1 and 11-2 11-9

11-1 and 11-2 11-9

12-1 thru 12-4 12-7 and 12-8

12-1 thru 12-4 12-7 and 12-8

13-3 thru 13-6

13-3 thru 13-6

14-1 thru 14-6 14-11 and 14-12 14-15 and 14-16 14-19 and 14-20 14-23

14-1 thru 14-6 14-11 and 14-12 14-15 and 14-16 14-19 and 14-20 14-23

15-1 thru 15-46

15-1 thru 15-40

16-1 and 16-2 16-7 thru 16-10 16-15 thru 16-18

16-1 and 16-2 16-7 thru 16-10 16-15 thru 16-18

17-3 and 17-4

17-3 and 17-4

19-27 and 19-28 19-45 and 19-46

19-27 and 19-28 19-45 and 19-46

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