[Federal Register Volume 59, Number 173 (Thursday, September 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-22012]


[[Page Unknown]]

[Federal Register: September 8, 1994]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 19 and 52
[FAR Case 92-39]

 

Federal Acquisition Regulation; Master Subcontracting Plans

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

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to permit master subcontracting plans to 
be written for a 3-year period and to emphasize that it is incumbent 
upon contractors to maintain and update master plans. This regulatory 
action was not subject to Office of Management and Budget review 
pursuant to Executive Order 12866, dated September 30, 1993.

DATES: Comments should be submitted on or before November 7, 1994 to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW, Room 4037, Washington, DC 20405. Please cite FAR case 92-
39 in all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT:
Ms. Shirley Scott at (202) 501-0168 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 FAR case 92-
39.

SUPPLEMENTARY INFORMATION:

A. Background

    President Bush's memorandum on ``Reducing the Burden of Government 
Regulation'' tasked selected agencies and departments to review current 
regulations, to identify those that impose a substantial cost on the 
economy, and to make appropriate revisions. In response to this 
direction, the Federal Acquisition Regulatory Council solicited and 
received the views of various industry associations and the public. 
This amendment to FAR 19.704(b) and 52.219-9 was based on an industry 
recommendation.

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 small 
businesses are exempt from subcontracting plan requirements. 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 92-39), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply 
because the proposed rule contains information collection requirements. 
This proposed rule will result in an estimated 10 percent reduction in 
the number of subcontract plans per year and associated hours as 
currently approved under Office of Management and Budget (OMB) Control 
Number 9000-0006, Subcontracting Plans/Subcontracting Report for 
Individual Contracts. Accordingly, a request for approval of a decrease 
in the estimated burden is being submitted to OMB under 44 U.S.C. 3501, 
et seq. Public comments concerning this request will be invited through 
a subsequent Federal Register notice.

List of Subjects in 48 CFR Parts 19 and 52

    Government procurement.

    Dated: August 31, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, it is proposed that 48 CFR parts 19 and 52 be 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 AND SMALL DISADVANTAGED BUSINESS CONCERNS

    2. Section 19.704 is amended in paragraph (b) by revising the 
second sentence and adding a third sentence to read as follows:


19.704  Subcontracting plan requirements.

* * * * *
    (b) * * * Master plans shall be effective for a 3-year period after 
approval by the contracting officer; however, it is incumbent upon 
contractors to maintain and update master plans. A master plan when 
incorporated in an individual plan shall apply to that contract 
throughout the life of the contract.

* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 52.219-9 is amended by revising the clause date to read 
``(DATE)''; and revising paragraph (f)(2) of the clause to read as 
follows:


52.219-9  Small Business and Small Disadvantaged Business 
Subcontracting Plan.

* * * * *

    (f) * * *

    (2) the Offeror ensures that the master plan is updated as 
necessary and provides copies of the approved master plan, including 
evidence of its approval to the Contracting Officer, and

* * * * *

[FR Doc. 94-22012 Filed 9-7-94; 8:45 am]
BILLING CODE 6820-34-M