[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Page 39201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18502]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 9
[FAC 90-40; FAR Case 95-007; Item V]
RIN 9000-AG66
Federal Acquisition Regulation; Responsibility Determinations
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 amending
the Federal Acquisition Regulation (FAR) to emphasize the use of
commercial sources of information in determining the responsibility of
prospective contractors. 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: September 24, 1996.
FOR FURTHER INFORMATION CONTACT: Mr. Ralph DeStefano 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 90-40, FAR case 95-007.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule implements a recommendation of the Department of
Defense Procurement Process Reform Process Action Team. The rule amends
FAR Subpart 9.1, Responsible Prospective Contractors, to state that
contracting officers should use commercial sources of supplier
information in making determinations of responsibility, and to clarify
that preaward surveys should be requested only if sufficient relevant
information is unavailable from other sources.
A proposed rule was published in the Federal Register at 60 FR
55960, November 3, 1995, and amended at 60 FR 62806, December 7, 1995.
Three comments were received and were considered in the development of
the final rule.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 rule merely
emphasizes the use of commercial sources of information in determining
the responsibility of prospective contractors.
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 9
Government procurement.
Dated: July 16, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 9 is amended as set forth below:
PART 9--CONTRACTOR QUALIFICATIONS
1. The authority citation for 48 CFR Part 9 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 9.105-1 is amended in the introductory text of paragraph
(c) by removing from the parenthetical ``48 CFR Part 42''; by
redesignating paragraphs (c)(4) through (c)(6) as (c)(5) through
(c)(7), and adding a new paragraph (c)(4) to read as follows:
9.105-1 Obtaining information.
* * * * *
(c) * * *
(4) Commercial sources of supplier information of a type offered to
buyers in the private sector.
* * * * *
3. Section 9.106-1 is amended by revising paragraph (a) to read as
follows:
9.106-1 Conditions for preaward surveys.
(a) A preaward survey is normally required only when the
information on hand or readily available to the contracting officer,
including information from commercial sources, is not sufficient to
make a determination regarding responsibility. In addition, if the
contemplated contract will have a fixed price at or below the
simplified acquisition threshold or will involve the acquisition of
commercial items (see part 12), the contracting officer should not
request a preaward survey unless circumstances justify its cost.
* * * * *
[FR Doc. 96-18502 Filed 7-25-96; 8:45 am]
BILLING CODE 6820-EP-P
