Federal Acquisition Regulation; Part 15 Rewrite: Contracting by Negotiation; Competitive Range Determinations

The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council are proposing to combine Phases I and II of the rewrite of Federal Acquisition Regulation (FAR) Part 15, Contracting by Negotiation, and subsume FAR Case 96-303, Competitive Range Determinations. Phase I addresses acquisition techniques and source selection. Phase II addresses issues relating to contract pricing and unsolicited proposals. Conforming changes have also been made to other FAR parts. The FAR Part 15 Phase I proposed rule, published in the Federal Register at 61 FR 48380, September 12, 1996, is revised, and the Competitive Range Determinations proposed rule, published in the Federal Register at 61 FR 40116, July 31, 1996, is withdrawn. The resolution of public comments, received in response to those proposed rules, has resulted in changes that are of such significance that publication of a new proposed rule, with opportunity for public comment, is deemed appropriate. Furthermore, this proposed rule includes Phase II of the FAR Part 15 rewrite, which was previously unpublished. This regulatory action was subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. This is not a major rule under 5 U.S.C. 804.