[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50737-50738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24278]
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SOCIAL SECURITY ADMINISTRATION
48 CFR Chapter 23
RIN 0960-AE12
Establishment of Acquisition Regulations
AGENCY: Social Security Administration (SSA).
ACTION: Final rule.
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SUMMARY: This rule establishes an agency acquisition regulation for the
Social Security Administration (SSA) to implement and supplement the
Federal Acquisition Regulation (FAR). SSA was established as an
independent agency March 31, 1995 in accordance with the Social
Security Independence and Program Improvements Act (SSIPIA).
Publication of this rule terminates the application of the Health and
Human Services Acquisition Regulation (HHSAR) to SSA acquisitions and
contracts.
EFFECTIVE DATE: This regulation is effective October 28, 1996.
FOR FURTHER INFORMATION CONTACT: Susan Reed, Division of Policy and
Information Management, Office of Acquisition and Grants, 1710 Gwynn
Oak Ave., Baltimore, MD, 21207, telephone (410) 965-9547, telefax (410)
966-1261.
SUPPLEMENTARY INFORMATION:
A. Background
SSA was formerly an operating division of the Department of Health
and Human Services (HHS). SSA acquisitions and contracts were subject
to requirements and procedures set forth in the FAR, supplemented by
the Health and Human Services Acquisition Regulation (HHSAR), contained
in Chapter 3 of Title 48 of the Code of Federal Regulations. The SSIPIA
established SSA as an independent agency on March 31, 1995. Section
106(b) of the SSIPIA provided that the Department regulations, such as
the HHSAR, continue to apply until such time as the Commissioner of SSA
modifies, terminates, suspends, sets aside, or repeals them. Now,
because of its independence, SSA will implement and supplement the
regulatory parts of the FAR through its own agency supplement, the
Social Security Acquisition Regulation (SSAR), maintained in Chapter 23
of Title 348 of the Code of Federal Regulations. By this publication,
the SSAR supersedes and terminates HHSAR application to SSA. The SSAR
will, however, comprise only those policies and procedures which have a
significant effect beyond SSA's internal operating procedures or have a
significant cost or administrative impact on contractors or offerors.
In order to implement its own streamlined, yet effective
acquisition guidance process, SSA has elected to publish only a
skeletal agency acquisition regulation, the SSAR, and to incorporate
the bulk of its acquisition and contracting policies and procedures
into an internal document, a desktop handbook. The handbook is limited
to specific internal contracting and acquisition procedures, including
workflow procedures, designations and delegations of authority, and
internal reporting requirements.
We anticipate making minimal future additions and changes to the
SSAR. We will do so, however, when circumstances warrant. SSA will
follow the FAR and SSAR for all regulatory requirements and our own
internal guidance contained within the handbook.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act, Public Law 98-577, requires the
preparation of a regulatory flexibility analysis for any rule which is
likely to have a significant economic impact on a substantial number of
small entities. We certify that this rule will not have a significant
economic impact on a substantial number of small entities because the
rule merely reflects the adoption of a new chapter for the publication
of the SSAR and does not initiate any new policies or procedures which
would impact the public. Therefore, a regulatory flexibility analysis
is not required.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because this final rule
does not impose 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.
D. Administrative Procedure Act
This rule is being published as a final rule instead of as a
proposed rule. Section 702(a)(5) of the Social Security Act makes the
regulations we prescribe subject to the rulemaking procedures
established under section 553 of the Administrative Procedure Act
(APA), 5 U.S.C. 553. The APA generally requires publication of a notice
of proposed rulemaking and the solicitation of comments from interested
persons. However, the APA provides exceptions to notice and comment
procedures when an agency finds that there is good cause for dispensing
with such procedures on the basis that they are impracticable,
unnecessary, or contrary to the public interest.
After due consideration, we have determined that, under 5 U.S.C.
553(b)(B), good cause exists for waiver of notice of proposed
rulemaking because such procedure is unnecessary. These final
regulations will alter no substantive procedures or policies. They will
merely terminate the application of the HHSAR to SSA acquisitions and
contracts. The procedures and policies in effect after the date SSA
gained the status of an independent agency will remain largely
unchanged. The differences are of form only and are necessary to adapt
the former regulations to the operating structures of this agency.
Accordingly, promulgation
[[Page 50738]]
of these regulations pursuant to notice and comment rulemaking is
unnecessary and may be dispensed with pursuant to 5 U.S.C. 553(b)(B).
G. Office of Federal Procurement Policy Act
The Office of Federal Procurement Policy Act, as amended (41 U.S.C.
418b) and FAR subparts 1.3 and 1.5 require publication of agency
acquisition regulations for public comment when they have a significant
effect beyond the internal operating procedures of the agency or result
in significant cost or administrative impact on contractors or
offerors. Because this final rule neither significantly affects the
Agency's internal operating procedures nor results in significant costs
or administrative impact on contractors or offerors, its publication
without public comment is in compliance with the Act and FAR subparts
1.3 and 1.5.
List of Subjects in 48 CFR Part 2301
Government procurement, Social Security acquisition regulation.
Dated: September 6, 1996.
Shirley S. Chater,
Commissioner of Social Security.
For the reasons stated in the Preamble, Chapter 23 is added to
Title 48 to read as follows:
CHAPTER 23--SOCIAL SECURITY ADMINISTRATION
SUBCHAPTER A--GENERAL
PART 2301--SOCIAL SECURITY ACQUISITION REGULATION SYSTEM
Subpart 2301.1--Purpose, Authority, Issuance
Sec. 2301.101--Purpose.
Sec. 2301.103--Authority.
Sec. 2301.104--Applicability.
Sec. 2301.105--Issuance.
Sec. 2301.105-1--Publication and code arrangement.
Sec. 2301.105-2--Arrangement of regulations.
Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).
PART 2301--SOCIAL SECURITY ACQUISITION REGULATION
Subpart 2301.1--Purpose, Authority, Issuance
2301.101 Purpose.
(a) The Social Security Acquisition Regulation (SSAR) is issued to
establish uniform acquisition policies and procedures for the Social
Security Administration (SSA) which conform to the Federal Acquisition
Regulation (FAR) System.
(b) The SSAR implements and supplements the FAR. (Implementing
material expands upon or indicates the manner of compliance with
related FAR material. Supplementing material refers to policies or
procedures which have no corresponding counterpart in the FAR.)
(c) The SSAR contains only formal agency policies and procedures
which have a significant effect beyond SSA's internal operating
procedures or which have a significant cost or administrative impact on
contractors or offerors.
2301.103 Authority.
The SSAR is prescribed under the authority of 5 U.S.C. 301 and
section 205(c) of the Federal Property and Administrative Services Act
of 1949, as amended (40 U.S.C. 486(c)).
2301.104 Applicability.
The FAR and SSAR apply to all SSA acquisitions as stated in FAR
1.104. Unless specified otherwise, the FAR and SSAR apply to
acquisitions within and outside the United States.
2301.105 Issuance.
2301.105-1 Publication and code arrangement.
(a) The SSAR is also published in the same forms as indicated in
FAR 1.105-1(a).
(b) The SSAR is issued in the Code of Federal Regulations (CFR) as
Chapter 23 of Title 48, Social Security Acquisition Regulation (SSAR).
It may be referenced as ``48 CFR chapter 23.''
2301.105-2 Arrangement of regulations.
(a) General. The SSAR conforms to the FAR with respect to
divisional arrangements; i.e., subchapters, parts, subparts, sections,
subsections, and paragraphs.
(b) Numbering. The FAR System of numbering permits the keying of
the same or similar subject matter throughout Chapters 1 (FAR) and 23
(SSAR) of Title 48, CFR. However, SSA's system varies somewhat from
that of the FAR numbering scheme, in the numbering to the left of the
decimal point. Whereas the FAR only identifies the part number of 48
CFR to the left of the decimal point, our corresponding reference
identifies the chapter as well. For example, the FAR paragraph
corresponding to this SSAR paragraph is numbered 1.105-2(b) where ``1''
is the part number (may be one or two digits and is followed by a
decimal point), ``1'' (to the right of the decimal point) is the
subpart number, ``05'' (always two digits) is the section number, ``2''
is the subsection number (always hyphenated), and ``(b)'' is the
paragraph reference. This SSAR reference is 2301.105-2(b) where the
``23'' is the chapter number assigned to SSA and the ``01'' represents
the part number (part numbers will always be two digits for agencies
implementing the FAR). The remaining numbers to the right of the
decimal point are identical to and reflect the same divisions as in the
FAR numbering scheme.
(c) References and citations. (1) Unless otherwise stated,
references indicate parts, subparts, sections, subsections, etc., of
this regulation, the SSAR.
(2) This regulation shall be referred to as the Social Security
Acquisition Regulation (SSAR). Any reference may be cited as ``SSAR''
followed by the appropriate number. Within the SSAR, the number alone
will be used.
(3) Citations of authority shall be incorporated where necessary.
All FAR reference numbers shall be preceded by ``FAR.''
[FR Doc. 96-24278 Filed 9-26-96; 8:45 am]
BILLING CODE 4190-29-P
