[Federal Register Volume 59, Number 47 (Thursday, March 10, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-4388]


[[Page Unknown]]

[Federal Register: March 10, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Part 19

[FAC 90-20; FAR Case 91-50; Item VII]
RIN 9000-AF08

 

Federal Acquisition Regulation; Nonmanufacturer Rule

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

ACTION: Interim rule adopted as final.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to convert the interim rule 
published in the Federal Register at 57 FR 60571, December 21, 1992, as 
Item XI of Federal Acquisition Circular (FAC) 90-16, to a final rule 
with minor changes. The reference to the Small Business Act in the 
interim rule has been corrected, and a notification of the Small 
Business Administration's (SBA's) Procurement Automated Service System 
was added to the final rule. The address for the SBA was also updated.

EFFECTIVE DATE: March 10, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Jack O'Neill at (202) 501-3856 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 90-20, FAR case 91-50.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 210 of Public Law 101-574 authorizes the SBA to waive the 
nonmanufacturer rule as it applies to a specific product, as well as to 
classes of products. Heretofore, SBA waivers were not issued on a 
contract-by-contract basis but, rather, waivers were issued for classes 
of products.
    An interim rule was published in the Federal Register at 57 FR 
60571, December 21, 1992, as Item XI of FAC 90-16. This final rule 
makes minor revisions to the interim rule as a result of analysis of 
public comments.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to 
this rule. The revisions may have a significant economic impact on a 
substantial number of small businesses within the meaning of the 
Regulatory Flexibility Act, 5 U.S.C. 601, et seq., because it may mean 
more small business set-asides will be possible. An Initial Regulatory 
Flexibility Analysis (IRFA) was, therefore, prepared and submitted to 
the Chief Counsel for Advocacy of the SBA. A final analysis has also 
been performed. A copy of the Final Regulatory Flexibility Analysis may 
be obtained from the FAR Secretariat.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping information collection requirements 
or collection 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 19

    Government procurement.

    Dated: February 15, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

Interim Rule Adopted as Final With Minor Revisions

    Accordingly, the interim rule amending 48 CFR part 19 which was 
published at 57 FR 60571 on December 21, 1992, is hereby adopted as a 
final rule with minor revisions.

PART 19--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

    1. The authority citation for 48 CFR part 19 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 19.102 is amended in the first sentence of paragraph 
(f)(5)(i) by removing ``637'' and inserting ``8'', and adding a 
sentence at the end of the paragraph; by redesignating paragraphs 
(f)(5)(iii) and (f)(5)(iv) as (f)(6) and (f)(7), respectively; and 
revising the new paragraph (f)(7) to read as follows:


19.102  Size Standards.

* * * * *
    (f) * * *
    (5) * * *
    (i) * * * A listing is also available in the SBA's Procurement 
Automated Source System (PASS).
* * * * *
    (7) Requests for waivers shall be sent to the Associate 
Administrator for Procurement Assistance, United States Small Business 
Administration, Mail Code 6250, 409 Third Street, SW., Washington, DC 
20416.
* * * * *
[FR Doc. 94-4388 Filed 3-9-94; 8:45 am]
BILLING CODE 6820-34-M