97-25242. Federal Acquisition Regulation; Clause Flowdown-Commercial Items

[Federal Register Volume 62, Number 184 (Tuesday, September 23, 1997)]
[Proposed Rules]
[Page 49903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-25242]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAR Case 96-023]
RIN 9000-AH69


Federal Acquisition Regulation; Clause Flowdown-Commercial Items

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

ACTION: Proposed rule.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to clarify requirements for the inclusion 
of FAR provisions and clauses in subcontracts for commercial items and 
commercial components. This regulatory action was not subject to Office 
of Management and Budget review under Executive Order 12866, dated 
September 30, 1993. This is not a major rule under 5 U.S.C. 804.

DATES: Comments should be submitted on or before November 24, 1997 to 
be considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVRS), 1800 F Street, 
NW, Room 4035, Washington, DC 20405.
    E-mail comments submitted over Internet should be addressed to: 
[e-mail].
    Please cite FAR case 96-023 in all correspondence related to this 
case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405 [phone] for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Linda Klein, Procurement Analyst, at (202) 501-
3775. Please cite FAR case 96-023.

SUPPLEMENTARY INFORMATION:

A. Background

    This rule proposes amendments to the clause at FAR 52.244-6, 
Subcontracts for Commercial Items and Commercial Components, to clarify 
that contractors are required to include, in subcontracts at any tier 
for commercial items or commercial components, the FAR clauses and 
provisions listed in the clause at FAR 52.244-6 and such other clauses 
and provisions as may be required by addenda, to the extent they are 
applicable or necessary to establish the reasonableness of prices under 
FAR Part 15.

B. Regulatory Flexibility Act

    This proposed rule is not expected to 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 
only clarifies existing requirements regarding the inclusion of FAR 
provisions and clauses in subcontracts for commercial items and 
commercial components. An Initial Regulatory Flexibility Analysis has, 
therefore, not been performed. Comments from small entities concerning 
the affected FAR subpart will be considered in accordance with 5 U.S.C. 
610 of the Act. Such comments must be submitted separately and should 
cite 5 U.S.C. 601, et seq. (FAR case 96-023), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 52

    Government procurement.

    Dated: September 18, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, it is proposed that 48 CFR Part 52 be amended as set 
forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for 48 CFR Part 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).

    2. Section 52.244-6 is amended by revising the clause date and 
paragraph (c) introductory text to read as follows:


52.244-6  Subcontracts for Commercial items and Commercial Components.

* * * * *

Subcontracts for Commercial Items and Commercial Components (Date)

* * * * *
    (c) Notwithstanding any other clause of this contract, the 
Contractor is not required to include any provision or clause, other 
than those listed below to the extent they are applicable (and other 
clauses as may be required by addenda to this paragraph to establish 
the reasonableness of prices under FAR Part 15) in a subcontract at 
any tier for commercial items or commercial components:
* * * * *
[FR Doc. 97-25242 Filed 9-22-97; 8:45 am]
BILLING CODE 6820-EP-P