[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2638-2639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1025]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 19 and 52
[FAC 90-37; FAR Case 92-019; Item XI]
RIN 9000-AF45
Federal Acquisition Regulation; Subcontracting Plans
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 to amend the Federal
Acquisition Regulation (FAR) to expand the circumstances when
subcontracting plans may be required from and negotiated with more than
the apparently successful offeror and to add a clause alternate for use
when subcontracting plans are required with initial proposals. This
regulatory action was not subject to Office of Management and Budget
review under Executive Order 12866, dated September 30, 1993.
EFFECTIVE DATE: March 26, 1996.
FOR FURTHER INFORMATION CONTACT:
Ms. Linda Klein at (202) 501-3775 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 90-37,
FAR case 92-019.
SUPPLEMENTARY INFORMATION:
A. Background
An amendment to FAR 19.705-2, 19.708, and 52.219-9 was published in
the Federal Register at 59 FR 16390, April 6, 1994, as a proposed rule
with a request for comments. Two responses were received. The Councils'
analysis of those comments did not result in any revisions to the
proposed 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 under the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because subcontracting plans are not required from small
business concerns.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Public Law 96-511) is deemed to apply
because the final rule contains information collection requirements.
Accordingly, a request for approval of a revised information collection
requirement concerning 9000-0006 was submitted to the Office of
Management and Budget under 44 U.S.C. 3501, et seq., and approved
through March 31, 1998.
List of Subjects in 48 CFR Parts 19 and 52
Government procurement.
Dated: January 11, 1996.
Edward C. Loeb,
Acting Director, Office of Federal Acquisition Policy.
Therefore, 48 CFR Parts 19 and 52 are amended as set forth below:
1. The authority citation for 48 CFR Parts 19 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).
PART 19--SMALL BUSINESS PROGRAMS
2. Section 19.705-2 is amended by revising paragraph (d) to read as
follows:
19.705-2 Determining the need for a subcontracting plan.
* * * * *
(d) In solicitations for negotiated acquisitions, the contracting
officer may require the submission of subcontracting plans with initial
offers, or at any other time prior to award. In determining when
subcontracting plans should be required, as well as when and
[[Page 2639]]
with whom plans should be negotiated, the contracting officer shall
consider the integrity of the competitive process, the goal of
affording maximum practicable opportunity for small, small
disadvantaged and women-owned small business concerns to participate,
and the burden placed on offerors.
3. Section 19.708 is amended in paragraph (b)(1)(iii) by revising
``has been'' to read ``is'' and by adding a sentence at the end of the
paragraph to read as follows:
19.708 Solicitation provisions and contract clauses.
* * * * *
(b)(1) * * *
(iii) * * * When contracting by negotiation, and subcontracting
plans are required with initial proposals as provided for in 19.705-
2(d), the contracting officer shall use the clause with its Alternate
II.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
4. Section 52.219-9 is amended by adding Alternate II at the end of
the section to read as follows:
52.219-9 Small, Small Disadvantaged, and Women-Owned Small Business
Subcontracting Plan.
* * * * *
Alternate II (MAR 1996). As prescribed in 19.708(b)(1),
substitute the following paragraph (c) for paragraph (c) of the
basic clause:
(c) Proposals submitted in response to this solicitation shall
include a subcontracting plan, which separately addresses
subcontracting with small business concerns, small disadvantaged
business concerns and women-owned small business concerns. If the
offeror is submitting an individual contract plan, the plan must
separately address subcontracting with small business concerns,
small disadvantaged business concerns and women-owned small business
concerns with a separate part for the basic contract and separate
parts for each option (if any). The plan shall be included in and
made a part of the resultant contract. The subcontracting plan shall
be negotiated within the time specified by the Contracting Officer.
Failure to submit and negotiate a subcontracting plan shall make the
offeror ineligible for award of a contract.
[FR Doc. 96-1025 Filed 1-25-96; 8:45 am]
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