96-13246. Federal Acquisition Regulation; Elimination of Nonstatutory Certifications

[Federal Register Volume 61, Number 103 (Tuesday, May 28, 1996)]
[Proposed Rules]
[Pages 26496-26497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-13246]



=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Chapter 1


Federal Acquisition Regulation; Elimination of Nonstatutory 
Certifications

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Agenda for public meeting.

-----------------------------------------------------------------------

SUMMARY: By Federal Register notice dated May 14, 1996 (61 FR 24263), 
the Administrator for Federal Procurement Policy and the Federal 
Acquisition Regulatory Council announced a public meeting to discuss 
implementation of Section 4301(b) for the National Defense 
Authorization Act for Fiscal Year 1996 (Public Law 104). The notice 
stated that there would be an interactive meeting between the Federal 
Acquisition Regulatory Council, other Government representatives (from 
the procurement, legal and Inspector General communities), and 
industry. The purpose of this notice is to provide a sample of the 
types of issues/questions that will be posed for discussion and to 
solicit additional questions/issues from the public. Suggestions thus 
far include:
    1. What are the requirements of Section 4301(b) of the National 
Defense Authorization Act for Fiscal Year 1996 (Public Law 104-106)?
    2. What role do certifications required in the FAR play in the 
Federal procurement process? Is this role one that should be preserved 
or discontinued? Why?
    3. What are the positive aspects of FAR certification requirements? 
What concerns or issues, if any, do they create for Government? What 
concerns or issues, if any, do they create for offerors/contractors?
    4. What are the negative aspects of FAR certification requirements? 
What concerns or issues, if any, do they create for Government? What 
concerns or issues, if any, do they create for offerors/contractors?
    5. Do FAR requirements for prime Government contractors to include 
certification requirements in their subcontract provide benefits for 
Government or for offerors/contractors? Do such requirements create 
concerns or issues for Government or offerors/contractors?
    6. Identify any existing FAR certification requirements that are 
especially burdensome to offerors/contractors. Describe the nature of 
the burden, and indicate whether or not any benefit derived from the 
requirement outweighs the burden.
    7. In implementing the requirements of Section 4301, what criteria 
should be used to determine whether or not a particular certification, 
other than those mandated by statute, should be retained or deleted?
    8. Do the FAR certification requirements affect whether or not 
commercial firms, or commercial divisions of firms, are interested in 
selling supplies or services to the Government? Why or why not?
    9. If the FAR certification requirements do provide a benefit to 
the Federal procurement process that is worth preserving, is there an 
alternative means by which the same benefit can be provided?
    10. Do certifications promote socially useful efforts by companies 
to assure that they are in compliance with the law? How useful are 
these certifications in ensuring the integrity of the procurement 
process?
    11. How should we view the suggestion that certifications make it 
easier to prosecute cases against those the Government suspects of 
criminal wrongdoing? Do certifications make it ``too easy'' for the 
Government to win, or does it allow the Government to overcome the 
proof of burden that would otherwise be almost impossible to meet?

DATES: The public meeting will be conducted at the address shown below 
from 1:00 p.m. to 5:30 p.m., Eastern daylight time, on June 3, 1996.

ADDRESSES: The meeting will be held at the White House Conference 
Center, Truman Room, 726 Jackson Place, NW, Washington, DC 20503. 
Suggestions for other questions/issues should be sent prior to the 
meeting to Mike Mutty, Defense Acquisition Regulations Council, PDUSD 
(A&T) DP(DAR), IMD 3D129, 3062 Defense Pentagon, Washington, DC 20301-
3062, or by FAX to [phone].


[[Page 26497]]


FOR FURTHER INFORMATION CONTACT: Mr. Mike Mutty, Defense Acquisition 
Regulations Council, at [phone], FAX [phone].

    Dated: May 21, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-13246 Filed 5-24-96; 8:45 am]
BILLING CODE 6820-EP-M