[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)]
[Rules and Regulations]
[Pages 31617-31618]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-14518]
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[[Page 31618]]
DEPARTMENT OF DEFENSE
48 CFR Part 6
[FAC 90-39; FAR Case 96-302; Item III]
RIN 9000-AH00
Federal Acquisition Regulation; Justification and Approval
Thresholds
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 to amend
the Federal Acquisition Regulation (FAR) to raise the dollar thresholds
pertaining to approval for the use of other than full and open
competition in the acquisition process. This regulatory action was not
subject to Office of Management and Budget review under Executive Order
12866, dated September 30, 1993, and is not a major rule under 5 U.S.C.
804.
EFFECTIVE DATE: August 19, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Ralph De Stefano at (202) 501-1758
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 90-39, FAR case 96-302.
SUPPLEMENTARY INFORMATION:
A. Background
Section 4102 of the Fiscal Year 1996 Defense Authorization Act
(Public Law 104-106) amends 10 U.S.C. 2304(f)(1)(B) and 41 U.S.C.
253(f)(1)(B) to raise the dollar thresholds at which approval for the
use of other than full and open competition must be obtained from the
competition advocate, the head of the procuring activity, or the senior
procurement executive. Section 4102 provides for approval of the
justification for other than full and open competition by (1) the
competition advocate, for proposed contracts over $500,000, but not
exceeding $10,000,000; (2) the head of the procuring activity, or
designee, for proposed contracts over $10,000,000, but not exceeding
$50,000,000; and (3) the senior procurement executive, for proposed
contracts over $50,000,000.
B. Regulatory Flexibility Act
The final rule does not constitute a significant FAR revision
within the meaning of FAR 1.501 and Public Law 98-577, and publication
for public comments is not required. Therefore, the Regulatory
Flexibility Act does not apply. However, comments from small entities
concerning the affected subpart will be considered in accordance with 5
U.S.C. 610. Such comments must be submitted separately and cite 5
U.S.C. 601, et seq. (FAC 90-39, FAR case 96-302), in correspondence.
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 6
Government procurement.
Dated: June 4, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 6 is amended as set forth below:
PART 6--COMPETITION REQUIREMENTS
1. The authority citation for 48 CFR Part 6 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 6.304 is amended in paragraph (a)(1) by revising
``$100,000'' to read ``$500,000''; in (a)(2) by revising ``$100,000''
to read ``$500,000'' and ``$1,000,000'' to read ``$10,000,000''; in
(a)(3) introductory text by revising ``$1,000,000'' to read
``$10,000,000'' and ``$10,000,000'' to read ``$50,000,000''; and
revising (a)(4) to read as follows:
6.304 Approval of the justification.
(a) * * *
(4) For a proposed contract over $50,000,000, by the senior
procurement executive of the agency designated pursuant to the OFPP Act
(41 U.S.C. 414(3)) in accordance with agency procedures. This authority
is not delegable except in the case of the Under Secretary of Defense
(Acquisition and Technology), acting as the senior procurement
executive for the Department of Defense.
* * * * *
[FR Doc. 96-14518 Filed 6-19-96; 8:45 am]
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