[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30639]
[Federal Register: December 28, 1994]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 44
[FAC 90-23; FAR Case 90-53; Item XXX]
RIN 9000-AE22
Federal Acquisition Regulation; Contractors' Purchasing Systems
Reviews
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed on a final rule revising
the Federal Acquisition Regulation (FAR) concerning the procedures for
performing Contractors' Purchasing Systems Reviews (CPSR). The revision
and amendments help streamline the acquisition process, reduce
contractor oversight, and eliminate or reduce regulatory burdens on
both contracting officers and contractors. This regulatory action was
not subject to Office of Management and Budget review under Executive
Order 12866, dated September 30, 1993.
EFFECTIVE DATE: February 27, 1995.
FOR FURTHER INFORMATION CONTACT: Ms. Linda Klein at (202) 501-3775 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 FAC 90-23, FAR case 90-53.
SUPPLEMENTARY INFORMATION
A. Background
The proposed rule recommended revisions to FAR 44.302(b) and
44.304(a) and (b). The revision to 44.302(b) extended the reasons a
special review may be conducted to include a major change or deficiency
in the contractor's policy, procedures, or key personnel and removed
the parenthetical. The revision to FAR 44.304(a) removed the
requirement for Administrative Contracting Officers (ACO's) to make an
annual determination concerning whether to continue purchasing system
approval based on formal surveillance, or to request a CPSR or special
review as a basis for continuing or withdrawing approval. The revision
to 44.304(b) substituted the words ``should include'' for the words
``shall include'' when referring to what needs to be included in an
ACO's surveillance plan, thus permitting the contracting officer more
latitude and discretion in the development, approach and scope of the
plan. In addition, the last sentence of 44.304(b) was removed as
unnecessary.
The proposed rule was published in the Federal Register at 55 FR
42810, October 23, 1990, with a request for comments. Sixteen responses
were received, consisting of eleven concurrences and no comment, and
five comments. After evaluating the comments, the councils approved a
change to the proposed rule. The last sentence in 44.304(b) was
reinstated and revised to read: ``Duplicative reviews of the same areas
by CPSR and other surveillance monitors should be avoided.'' The
sentence also was revised to provide the contracting officer greater
flexibility in cases where additional surveillance or special reviews
are warranted.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities under the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because the changes to FAR 44.302 and FAR 44.304 are
designed to streamline the acquisition process, reduce contractor
oversight, and to eliminate or reduce regulatory burdens on both
contracting officers and contractors. No responses were received which
commented on the proposed rule's Regulatory Flexibility Act statement.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the 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 44
Government procurement.
Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR part 44 is amended as set forth below:
PART 44--SUBCONTRACTING POLICIES AND PROCEDURES
1. The authority citation for 48 CFR part 44 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).
2. Section 44.302 is amended by revising paragraph (b) to read as
follows:
44.302 Requirements.
* * * * *
(b) A CPSR shall be conducted by the cognizant contract
administration agency (see subpart 42.3) at least every 3 years for
contractors that continue to meet the requirements of paragraph (a) of
this section. This review may be accomplished at one time or on a
continuing basis. A more frequent review cycle may be established if
warranted and special reviews may be conducted when information reveals
a deficiency or major change in the contractor's purchasing system,
policy, procedures or key personnel.
44.304 [Amended]
3. Section 44.304 is amended in paragraph (a) by removing the
second sentence; and in paragraph (b) by removing in the second, third,
and fourth sentences the word ``shall'' and inserting ``should'' in its
place.
[FR Doc. 94-30639 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P
