[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Page 44813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21491]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 1
[FAC 97-1; FAR Case 96-329; Item VI]
RIN 9000-AH67
Federal Acquisition Regulation; New FAR Certifications
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 reflect the provisions of
Section 4301(b)(2) of the Clinger-Cohen Act of 1996 (Pub. L. 104-106).
Section 4301(b)(2) prohibits the inclusion of a new certification
requirement in the FAR for contractors or offerors unless the
certification requirement is specifically imposed by statute, or unless
written justification for such certification requirement is provided to
the Administrator for Federal Procurement Policy by the FAR Council and
the Administrator approves in writing the inclusion of the
certification. 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.
DATES: Effective October 21, 1997.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405 (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202)
501-1758. Please cite FAC 97-01, FAR case 96-329.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule adds a new section at FAR 1.107 to reflect the
provisions of Section 4301(b)(2) of the Clinger-Cohen Act of 1996 (Pub.
L. 104-106). Section 4301(b)(2) amends Section 29 of the Office of
Federal Procurement Policy Act (41 U.S.C. 425) to prohibit the
inclusion of a new certification requirement in the FAR for contractors
or offerors unless the certification requirement is specifically
imposed by statute, or unless written justification for such
certification requirement is provided to the Administrator for Federal
Procurement Policy by the FAR Council and the Administrator approves in
writing the inclusion of the certification.
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 comment is not required. However, comments from small
entities concerning the affected FAR 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 97-1, FAR case 96-329),
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 1
Government procurement.
Dated: August 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Part 1 is amended as set forth below:
PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM
1. The authority citation for 48 CFR Part 1 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 1.107 is added to read as follows:
1.107 Certifications.
In accordance with Section 29 of the Office of Federal Procurement
Policy Act (41 U.S.C. 425), as amended by Section 4301 of the Clinger-
Cohen Act of 1996 (Public Law 104-106), a new requirement for a
certification by a contractor or offeror may not be included in this
chapter unless--
(a) The certification requirement is specifically imposed by
statute; or
(b) Written justification for such certification is provided to the
Administrator for Federal Procurement Policy by the Federal Acquisition
Regulatory Council, and the Administrator approves in writing the
inclusion of such certification requirement.
[FR Doc. 97-21491 Filed 8-21-97; 8:45 am]
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