[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: 94-4391]


[[Page Unknown]]

[Federal Register: March 10, 1994]


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DEPARTMENT OF DEFENSE
48 CFR Parts 25 and 52

[FAC 90-20; FAR Case 91-75; Item X]
RIN 9000-AF00

 

Federal Acquisition Regulation; Buy American Act--Construction 
Materials

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 20372, May 12, 1992, 
as Item II in Federal Acquisition Circular (FAC) 90-11, to a final rule 
with no revisions. The interim rule amended the Federal Acquisition 
Regulation (FAR) by modifying the definition of ``construction 
material'' to require evaluation of an emergency life safety system as 
a single construction material under the Buy American Act, regardless 
of when and how the individual parts or components are delivered to the 
construction site.

EFFECTIVE DATE: March 10, 1994.

FOR FURTHER INFORMATION CONTACT: Mr. Peter O'Such at (202) 501-1759 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 91-75.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 631 of Public Law 102-141, Treasury, Postal Service and 
General Government Appropriations Act, requires evaluation of an 
emergency life safety system as a single construction material under 
the Buy American Act, regardless of when and how the individual parts 
or components are delivered to the construction site. The amendments to 
FAR 25.201 and 52.225-5 implement section 631.
    An interim rule was published in the Federal Register at 57 FR 
20372, May 12, 1992 (FAC 90-11, Item II). This final rule makes no 
revision to the interim rule after analysis of public comments.

B. Regulatory Flexibility Act

    The changes may 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 they increase the 
potential use of foreign components in construction projects and, 
therefore, may have an adverse impact on small U.S. businesses who 
manufacture components of emergency life safety systems. Therefore, an 
Initial Regulatory Flexibility Analysis was prepared and forwarded to 
the Chief Counsel for Advocacy for the Small Business Administration. A 
final analysis has been performed. A copy of the final analysis may be 
obtained from the FAR Secretariat (VRS) at General Services 
Administration, 18th & F Streets NW., room 4037, Washington, DC 20405.

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 Parts 25 and 52

    Government procurement.

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

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 25 and 52, 
which was published at 57 FR 20372, May 12, 1992 (FAC 90-11, Item II), 
is adopted as a final rule without change.
    The authority citation for 48 CFR parts 25 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).

[FR Doc. 94-4391 Filed 3-9-94; 8:45 am]
BILLING CODE 6820-34-M