[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8148]
[[Page Unknown]]
[Federal Register: April 6, 1994]
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48 CFR Parts 19 and 52
[FAR Case 92-19]
Federal Acquisition Regulation; Subcontracting Plans
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Proposed rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council are proposing amending the Federal
Acquisition Regulation (FAR) to expand the circumstances when
subcontracting plans may be required and negotiated with more than the
apparently successful offeror and to prescribe an Alternate II to the
clause Small Business and Small Disadvantaged Business Subcontracting
Plan to be used when contracting by negotiation and subcontracting
plans are required with initial proposals. The intent of this proposal
is to ensure that small and small disadvantaged business concerns are
being afforded the maximum practical subcontracting opportunities
consistent with statutory requirements and acquisition objectives. This
regulatory action was not subject to Office of Management and Budget
review pursuant to Executive Order 12866, dated September 30, 1993.
DATES: Comments should be submitted on or before June 6, 1994, 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 92-19 in all correspondence related to this
case.
FOR FURTHER INFORMATION CONTACT:
Ms. Shirley Scott at (202) 501-0168 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 92-
19.
SUPPLEMENTARY INFORMATION:
A. Regulatory Flexibility Act
The 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
subcontracting plans are not required from small business concerns. 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 section 610 of the Act.
Such comments must be submitted separately and should cite 5 U.S.C.
601, et seq. (FAR case 92-19), in correspondence.
B. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply
because the proposed rule contains information collection requirements.
Accordingly, a request for approval of revised burden estimates for
Office of Management and Budget (OMB) Clearance Number 9000-0006 is
being submitted to OMB under 44 U.S.C. 3501, et seq. Public comments
concerning this request are invited through a notice document in this
Federal Register issue.
List of Subjects in 48 CFR Parts 19 and 52
Government procurement.
Dated: March 28, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.
Therefore, it is proposed that 48 CFR parts 19 and 52 be amended as
set forth below:
1. The authority citation for 48 CFR parts 19 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).
PART 19--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS
2. Section 19.705-2 is amended by revising paragraph (d) to read as
follows:
19.705-2 Determining the need for a subcontracting plan.
* * * * *
(d) In solicitations for negotiated acquisitions, the contracting
officer may require the submission of subcontracting plans with initial
offers, or at any other time prior to award. In determining when
subcontracting plans should be required, as well as when and with whom
plans should be negotiated, the contracting officer shall consider the
integrity of the competitive process, the goal of affording maximum
practicable opportunity for small and small disadvantaged business
concerns to participate, and the burden placed on offerors.
3. Section 19.708 is amended in the first sentence of paragraph
(b)(1) by removing the words ``has been'' and inserting ``is''; and at
the end of the paragraph by adding a sentence to read as follows:
19.708 Solicitation provisions and contract clauses.
* * * * *
(b)(1) * * * When contracting by negotiation, and subcontracting
plans are required with initial proposals as provided for in 19.705-
2(d), the contracting officer shall use the clause with its Alternate
II.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 52.219-9 is amended by revising the date in the clause
heading and adding Alternate II following Alternate I to read as
follows:
52.219-9 Small Business and Small Disadvantaged Business
Subcontracting Plan.
* * * * *
Small Business and Small Disadvantaged Business Subcontracting Plan
(Date)
* * * * *
Alternate II (DATE). As prescribed in 19.708(b)(1), substitute
the following paragraph (c) for paragraph (c) of the basic clause:
(c) Proposals submitted in response to this solicitation shall
include a subcontracting plan, which separately addresses
subcontracting with small business concerns and with small
disadvantaged business concerns. If the offeror is submitting an
individual contract plan, the plan must separately address
subcontracting with small business concerns and with small
disadvantaged business concerns with a separate part for the basic
contract and separate parts for each option (if any). The plan shall
be included in and made a part of the resultant contract. The
subcontracting plan shall be negotiated within the time specified by
the Contracting Officer. Failure to submit and negotiate a
subcontracting plan shall make the offeror ineligible for award of a
contract.
[FR Doc. 94-8148 Filed 4-5-94; 8:45 am]
BILLING CODE 6820-34-M
