[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Rules and Regulations]
[Pages 37773-37774]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17935]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 3 and 52
[FAC 90-30; FAR Case 94-804; Item II]
RIN 9000-AG17
Federal Acquisition Regulation; Procurement Integrity (Ethics)
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA),
[[Page 37774]]
and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This final rule is issued pursuant to the Federal Acquisition
Streamlining Act of 1994, Public Law 103-355 (the Act). The Federal
Acquisition Regulatory Council (FAR Council) is implementing Section
8301(e) of the Act by excluding procurement of commercial items from
certain certification requirements. This regulatory action was subject
to Office of Management and Budget review under Executive Order 12866,
dated September 30, 1993.
EFFECTIVE DATE: September 19, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. Julius Rothlein, Ethics Team Leader, at (703) 697-4349 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 90-30, FAR case 94-804.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Acquisition Streamlining Act of 1994, Pub. L. 103-355,
provides authorities that streamline the acquisition process and
minimize burdensome Government-unique requirements. Major changes in
the acquisition process as a result of Federal Acquisition Streamlining
Act implementation include changes in the areas of Commercial Item
Acquisition, Simplified Acquisition Procedures, the Truth in
Negotiations Act, and introduction of the Federal Acquisition Computer
Network (FACNET). FAR case 94-804 originated because Section 8301(e)
excludes procurements of commercial items from the certification
requirement of the Procurement Integrity Act which requires that
contractor employees certify that they are familiar with the Act, and
that they will report violations of the Act.
B. Regulatory Flexibility Act
The changes may 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 the elimination of the
certification for commercial items will have a beneficial impact on
small entities by reducing the paperwork burden. A Final Regulatory
Flexibility Analysis (FRFA) has been prepared and will be provided to
the Chief Counsel for Advocacy for the Small Business Administration. A
copy of the FRFA may be obtained from the FAR Secretariat.
C. Paperwork Reduction Act
The final changes do not impose increased record keeping or
information collection requirements on members of the public under the
Paperwork Reduction Act which would require the approval of OMB under
44 U.S.C. 3501, et seq. This final rule reduces paperwork burden by
excluding commercial products from certain certification requirements
of the Procurement Integrity Act. A correction reflecting the reduction
in paperwork burden was approved by OMB on November 30, 1994, under
Control No. 9000-0103.
D. Public Comments
Fourteen substantive comments were received from 11 commenters in
response to the proposed rule published in the Federal Register on
December 1, 1994 (59 FR 61740). The Federal Acquisition Streamlining
Act Implementation Team fully considered all comments received. The
team's analysis and disposition of the comments may be obtained from
the FAR Secretariat.
List of Subjects in 48 CFR Parts 3 and 52
Government procurement.
Dated: July 17, 1995.
Capt. Barry L. Cohen, SC, USN,
Project Manager for the Implementation of the Federal Acquisition
Streamlining Act of 1994.
Therefore, 48 CFR Parts 3 and 52 are amended as set forth below:
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
1. The authority citation for 48 CFR Parts 3 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).
3.104-9 [Amended]
2. Section 3.104-9 is amended in paragraph (b)(1)(iii) by removing
the word ``Certify'' and inserting in its place ``Except in the case of
a contract for the procurement of commercial items, certify''.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 52.203-8 is amended by revising the date of the
provision to read ``(SEPT 1995)''; at the end of the introductory text
of paragraph (b) by removing the colon and inserting a period in its
place and adding a new sentence to read as follows:
52.203-8 Requirement for Certificate of Procurement Integrity.
* * * * *
REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY (SEPT 1995)
* * * * *
(b) * * * The certification in paragraph (b)(2) of this
provision is not required for a procurement of commercial items.
* * * * *
4. Section 52.203-9 is amended by revising the date of the clause
to read ``(SEPT 1995)''; at the end of the introductory text of
paragraph (c) by removing the colon and inserting a period in its place
and adding a new sentence to read as follows:
52.203-9 Requirement for Certificate of Procurement Integrity--
Modification.
* * * * *
REQUIREMENT FOR CERTIFICATE OF PROCUREMENT INTEGRITY--MODIFICATION
(SEPT 1995)
* * * * *
(c) * * * The certification in paragraph (c)(2) of this clause
is not required for a modification which procures commercial items.
* * * * *
[FR Doc. 95-17935 Filed 7-20-95; 8:45 am]
BILLING CODE 6820-EP-M
