94-4388. Federal Acquisition Regulation; Nonmanufacturer Rule  

  • [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]
    
    
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    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.
    
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    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
    
    
    

Document Information

Published:
03/10/1994
Department:
Defense Department
Entry Type:
Uncategorized Document
Action:
Interim rule adopted as final.
Document Number:
94-4388
Dates:
March 10, 1994.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: March 10, 1994, FAC 90-20, FAR Case 91-50, Item VII
RINs:
9000-AF08
CFR: (1)
48 CFR 19