[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4388]
[[Page Unknown]]
[Federal Register: March 10, 1994]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
48 CFR Part 19
[FAC 90-20; FAR Case 91-50; Item VII]
RIN 9000-AF08
Federal Acquisition Regulation; Nonmanufacturer Rule
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to convert the interim rule
published in the Federal Register at 57 FR 60571, December 21, 1992, as
Item XI of Federal Acquisition Circular (FAC) 90-16, to a final rule
with minor changes. The reference to the Small Business Act in the
interim rule has been corrected, and a notification of the Small
Business Administration's (SBA's) Procurement Automated Service System
was added to the final rule. The address for the SBA was also updated.
EFFECTIVE DATE: March 10, 1994.
FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 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 90-20, FAR case 91-50.
SUPPLEMENTARY INFORMATION:
A. Background
Section 210 of Public Law 101-574 authorizes the SBA to waive the
nonmanufacturer rule as it applies to a specific product, as well as to
classes of products. Heretofore, SBA waivers were not issued on a
contract-by-contract basis but, rather, waivers were issued for classes
of products.
An interim rule was published in the Federal Register at 57 FR
60571, December 21, 1992, as Item XI of FAC 90-16. This final rule
makes minor revisions to the interim rule as a result of analysis of
public comments.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to
this rule. The revisions may have a significant economic impact on a
substantial number of small businesses within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it may mean
more small business set-asides will be possible. An Initial Regulatory
Flexibility Analysis (IRFA) was, therefore, prepared and submitted to
the Chief Counsel for Advocacy of the SBA. A final analysis has also
been performed. A copy of the Final Regulatory Flexibility Analysis may
be obtained from the FAR Secretariat.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping information collection requirements
or collection 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 19
Government procurement.
Dated: February 15, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Interim Rule Adopted as Final With Minor Revisions
Accordingly, the interim rule amending 48 CFR part 19 which was
published at 57 FR 60571 on December 21, 1992, is hereby adopted as a
final rule with minor revisions.
PART 19--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
1. The authority citation for 48 CFR part 19 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 19.102 is amended in the first sentence of paragraph
(f)(5)(i) by removing ``637'' and inserting ``8'', and adding a
sentence at the end of the paragraph; by redesignating paragraphs
(f)(5)(iii) and (f)(5)(iv) as (f)(6) and (f)(7), respectively; and
revising the new paragraph (f)(7) to read as follows:
19.102 Size Standards.
* * * * *
(f) * * *
(5) * * *
(i) * * * A listing is also available in the SBA's Procurement
Automated Source System (PASS).
* * * * *
(7) Requests for waivers shall be sent to the Associate
Administrator for Procurement Assistance, United States Small Business
Administration, Mail Code 6250, 409 Third Street, SW., Washington, DC
20416.
* * * * *
[FR Doc. 94-4388 Filed 3-9-94; 8:45 am]
BILLING CODE 6820-34-M