[Federal Register Volume 63, Number 207 (Tuesday, October 27, 1998)]
[Proposed Rules]
[Page 57568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28682]
[[Page 57567]]
_______________________________________________________________________
Part VI
Department of Defense
General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Parts 8 and 42
Federal Acquisition Regulation; Javits-Wagner-O'Day Proposed Revisions;
Proposed Rule
Federal Register / Vol. 63, No. 207 / Tuesday, October 27, 1998 /
Proposed Rules
[[Page 57568]]
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 8 and 42
[FAR Case 98-602]
RIN 9000-AI16
Federal Acquisition Regulation; Javits-Wagner-O'Day Proposed
Revisions
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 are proposing to amend the Federal
Acquisition Regulation (FAR) to provide procedures for recognizing a
name change or a successor in interest for Javits-Wagner-O'Day Act
(JWOD) participating nonprofit agencies. This regulatory action was not
subject to Office of Management and Budget review under Executive Order
12866, dated September 30, 1993, and is not a major rule under 5 U.S.C.
804.
DATES: Comments should be submitted on or before December 28, 1998 to
be considered in the formulation of a final rule.
ADDRESSES: Interested parties should submit written comments to:
General Services Administration, FAR Secretariat (MVR), Attn: Laurie
Duarte, 1800 F Street, NW, Room 4035, Washington, DC 20405.
E-mail comments submitted over Internet should be addressed to:
farcase.98-602@gsa.gov.
Please cite FAR case 98-602 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202)
501-1758. Please cite FAR case 98-602.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule adds a new section to provide procedures for
recognizing a name change or a successor in interest for a JWOD
participating nonprofit agency providing supplies or services on the
Procurement List, and amends FAR 42.1203 to exempt JWOD participating
nonprofit agencies from requirements of that section pertaining to the
processing of a name change or a successor in interest. This rule is
consistent with 41 U.S.C. 48, which concerns the requirement (with
certain exceptions) to procure supplies and services, that are on the
Committee's For Purchase From People Who Are Blind or Severely Disabled
(Committee) Procurement List, from nonprofit agencies designated by the
Committee.
B. Regulatory Flexibility Act
This proposed rule is not expected 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
merely sets forth an existing practice and clarifies that certain
administrative procedures pertaining to a name change or a successor in
interest do not apply to JWOD participating nonprofit agencies.
Therefore, an Initial Regulatory Flexibility Analysis has not been
prepared. Comments are invited from small businesses and other
interested parties. Comments from small entities concerning the
affected FAR subpart will be considered in accordance with 5 U.S.C. 610
of the Act. Such comments must be submitted separately and should cite
5 U.S.C. 601, et seq. (FAR case 98-602), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose recordkeeping or information
collection requirements, or collections of information from offerors,
contractors, or members of the public which require the approval of the
Office of Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 8 and 42
Government procurement.
Dated: October 22, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, it is proposed that 48 CFR Parts 8 and 42 be amended as
set forth below:
1. The authority citation for 48 CFR Parts 8 and 42 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
2. Subpart 8.7 is amended by adding a new section to read as
follows:
8.7XX Change-of-name and successor-in-interest procedures.
When the Committee recognizes a name change or a successor in
interest for a JWOD participating nonprofit agency providing supplies
or services on the Procurement List--
(a) The Committee will provide a notice of a change to the
Procurement List to the cognizant contracting officers; and
(b) Upon receipt of a notice of a change to the Procurement List
from the Committee, the contracting officer shall--
(1) Prepare a Standard Form (SF) 30, Amendment of Solicitation/
Modification of Contract, incorporating a summary of the notice and
attaching a list of contracts affected; and
(2) Distribute the SF 30, including a copy to the Committee.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
3. Section 42.1203 is amended by revising paragraph (a) to read as
follows:
42.1203 Processing agreements.
(a) When a firm performing Government contracts wishes the
Government to recognize a successor in interest to these contracts or a
name change, the contractor shall submit a written request to the
responsible contracting officer (see 42.1202). For contracts with a
Javits-Wagner-O'Day Act participating nonprofit agency providing
supplies or services on the Procurement List, see 8.7XX.
* * * * *
[FR Doc. 98-28682 Filed 10-26-98; 8:45 am]
BILLING CODE 6820-EP-P
