95-27294. Federal Acquisition Regulation; Responsibility Determinations

[Federal Register Volume 60, Number 213 (Friday, November 3, 1995)]
[Proposed Rules]
[Page 55960]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-27294]




[[Page 55959]]

_______________________________________________________________________

Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Part 9



Federal Acquisition Regulation (FAR); Responsibility Determinations; 
Proposed Rule

Federal Register / Vol. 60, No. 213 / Friday, November 3, 1995 / 
Proposed Rules

[[Page 55960]]


DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 9

[FAR Case 95-007]
RIN 9000-AG66


Federal Acquisition Regulation; Responsibility Determinations

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to emphasize the use of commercial sources 
of information in determining the responsibility of prospective 
contractors. This regulatory action was not subject to Office of 
Management and Budget review under Executive Order 12866, dated 
September 30, 1993.

DATES: Comments should be submitted on or before January 2, 1996 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets NW., Room 4037, Washington, DC 20405. Please cite FAR case 95-
007 in all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT:
Mr. Ralph DeStefano at [phone] in reference to this FAR case. 
For general information, contact the FAR Secretariat, Room 4037, GS 
Building, Washington, DC 20405, [phone]. Please cite FAR case 
95-007.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule implements a recommendation of the Department of 
Defense Procurement Process Reform Process Action Team. The rule 
revises FAR Subpart 9.1, Responsible Prospective Contractors, to state 
that contracting officers should use commercial sources of supplier 
information in making determinations of responsibility, and to clarify 
that preaward surveys should be requested only if sufficient relevant 
information from other sources, including commercial sources, is 
unavailable.

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 clarifies that commercial sources of information should be used 
in determining the responsibility of prospective contractors. An 
Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. 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 95-007), 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 Part 9

    Government procurement.

    Dated: October 30, 1995.
C. Allen Olson,
Director, Office of Federal Acquisition Policy.

    Therefore, it is proposed that 48 CFR Part 9 be amended as set 
forth below:
    1. The authority citation for 48 CFR Part 9 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 9--CONTRACTOR QUALIFICATIONS

    2. Section 9.105-1 is amended in the introductory text of paragraph 
(c) by removing the parenthetical ``(See 48 CFR Part 42, Subpart 
42.15)''; by redesignating paragraphs (c)(4) through (c)(6) as (c)(5) 
through (c)(7), and adding a new paragraph (c)(4).


9.105-1  Obtaining information.

* * * * *
    (c) * * *
    (4) Commercial sources of supplier information of a type offered to 
buyers in the private sector (for example, supplier performance and 
evaluation reports by Dun & Bradstreet Information Services, Standard & 
Poors, Moody Industrials, or similar sources).
* * * * *
    3. Section 9.106-1 is amended by revising paragraph (a) to read as 
follows:


9.106-1  Conditions for preaward surveys.

    (a) A preaward survey is normally required only when the 
information on hand or readily available to the contracting officer, 
including information from commercial sources, is not sufficient to 
make a determination regarding responsibility. In addition, if the 
contemplated contract (1) will be for $25,000 or less or (2) will have 
a fixed price of less than $100,000 and will involve commercial 
products (see 11.001) only, the contracting officer should not request 
a preaward survey unless circumstances justify its cost.
* * * * *

[FR Doc. 95-27294 Filed 11-2-95; 8:45 am]
BILLING CODE 6820-EP-M