[Federal Register Volume 59, Number 230 (Thursday, December 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29421]
[[Page Unknown]]
[Federal Register: December 1, 1994]
_______________________________________________________________________
Part VII
Department of Defense
6General Services Administration
National Aeronautics and Space Administration
_______________________________________________________________________
48 CFR Part 3 et al.
Federal Acquisition Regulation; Officials Not To Benefit (Ethics), et
al; Proposed Rules
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 3 and 52
[FAR Case 94-802]
Federal Acquisition Regulation; Officials Not To Benefit (Ethics)
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: This proposed rule is issued pursuant to the Federal
Acquisition Streamlining Act of 1994, Public Law 103-355 (the Act). The
Federal Acquisition Regulatory Council is considering amending Federal
Acquisition Regulation (FAR) Parts 3 and 52 as a result of changes to
41 U.S.C. 22 by Section 6004 of the Act. 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 30, 1995 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 94-802 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT: Mr. Julius Rothlein, Ethics Team
Leader, at (703) 697-4349 in reference to this FAR case. For general
information, contact the FAR Secretariat, Room 4037, GS Building,
Washington, DC 20405 (202) 501-4755. Please cite FAR case 94-802.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Acquisition Streamlining Act of 1994, Public Law 103-
355, provides authorities that streamline the acquisition process and
minimize burdensome government-unique requirements. Major changes that
can be expected in the acquisition process as a result of Federal
Acquisition Streamlining Act implementation include changes in the
areas of Commercial Item Acquisition, Simplified Acquisition
Procedures, the Truth in Negotiations Act, and introduction of the
Federal Acquisition Network.
FAR Case 94-802 originated because Section 6004 of Public Law 103-
355 amended 41 U.S.C. 22 by repealing the requirement that ``every
contract or agreement'' shall express the condition that certain
officials shall not benefit from the award of that contract or
agreement. The Government has expressed that condition in the form of
FAR clause 52.203-1. Since there is no longer a statutory requirement
to include such a clause in Government contracts, the FAR Council has
deleted the clause. The importance of 41 U.S.C. 22 (and its enforcement
mechanisms--18 U.S.C. 431 and 432) will continue to be highlighted to
the contracting community by articulating the policy in FAR 3.102-1.
The FAR Council is interested in an exchange of ideas and opinions
with respect to the regulatory implementation of the Act. For that
reason, the FAR Council is conducting a series of public meetings.
However, the FAR Council has not scheduled a public meeting on this
rule (FAR case 94-802) because of the clarity and non-controversial
nature of the rule. If the public believes such a meeting is needed
with respect to this rule, a letter requesting a public meeting and
outlining the nature of the requested meeting shall be submitted to and
received by the FAR Secretariat (see ADDRESSES caption) on or before
January 3, 1995.
The FAR Council will consider such requests in determining whether
a public meeting on this rule should be scheduled.
B. Regulatory Flexibility Act
The proposed rule is not expected to have 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
underlying policy has not changed. An Initial Regulatory Flexibility
Analysis has, therefore, not been performed. Comments are invited from
small businesses and other interested parties. Comments from small
entities concerning the affected FAR subpart will also be considered in
accordance with Section 610 of the Act. Such comments must be submitted
separately and cite FAR case 94-802 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 3 and 52-
Government procurement.
Dated: November 23, 1994.
Edward C. Loeb,
Deputy Project Manager for the Implementation of the Federal
Acquisition Streamlining Act of 1994.
Therefore, it is proposed that 48 CFR Parts 3 and 52 be amended as
set forth below:
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
1. The authority citation for 48 CFR Parts 3 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).
3.102-1 [Amended]
2. Section 3.102-1 is amended in the first sentence of the
introductory text by removing the words ``most Government contracts
explicitly state that''.
3.102-2 [Removed and Reserved]
3. Section 3.102-2 is removed and reserved.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.203-1 [Removed and Reserved]
4. Section 52.203-1 is removed and reserved.
[FR Doc. 94-29421 Filed 11-30-94; 8:45 am]
BILLING CODE 6820-34-P
