[Federal Register Volume 59, Number 230 (Thursday, December 1, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29421]


[[Page Unknown]]

[Federal Register: December 1, 1994]


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Part VII

Department of Defense

6General Services Administration

National Aeronautics and Space Administration
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48 CFR Part 3 et al.




Federal Acquisition Regulation; Officials Not To Benefit (Ethics), et 
al; Proposed Rules
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 3 and 52

[FAR Case 94-802]

 
Federal Acquisition Regulation; Officials Not To Benefit (Ethics)

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

ACTION: Proposed rule.

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SUMMARY: This proposed rule is issued pursuant to the Federal 
Acquisition Streamlining Act of 1994, Public Law 103-355 (the Act). The 
Federal Acquisition Regulatory Council is considering amending Federal 
Acquisition Regulation (FAR) Parts 3 and 52 as a result of changes to 
41 U.S.C. 22 by Section 6004 of the Act. This regulatory action was not 
subject to Office of Management and Budget review under Executive Order 
12866, dated September 30, 1993.

DATES: Comments should be submitted on or before January 30, 1995 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 94-802 in all correspondence related to this 
case.

FOR FURTHER INFORMATION CONTACT: Mr. Julius Rothlein, Ethics Team 
Leader, at (703) 697-4349 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 94-802.

SUPPLEMENTARY INFORMATION:

A. Background

    The Federal Acquisition Streamlining Act of 1994, Public Law 103-
355, provides authorities that streamline the acquisition process and 
minimize burdensome government-unique requirements. Major changes that 
can be expected in the acquisition process as a result of Federal 
Acquisition Streamlining Act implementation include changes in the 
areas of Commercial Item Acquisition, Simplified Acquisition 
Procedures, the Truth in Negotiations Act, and introduction of the 
Federal Acquisition Network.
    FAR Case 94-802 originated because Section 6004 of Public Law 103-
355 amended 41 U.S.C. 22 by repealing the requirement that ``every 
contract or agreement'' shall express the condition that certain 
officials shall not benefit from the award of that contract or 
agreement. The Government has expressed that condition in the form of 
FAR clause 52.203-1. Since there is no longer a statutory requirement 
to include such a clause in Government contracts, the FAR Council has 
deleted the clause. The importance of 41 U.S.C. 22 (and its enforcement 
mechanisms--18 U.S.C. 431 and 432) will continue to be highlighted to 
the contracting community by articulating the policy in FAR 3.102-1.
    The FAR Council is interested in an exchange of ideas and opinions 
with respect to the regulatory implementation of the Act. For that 
reason, the FAR Council is conducting a series of public meetings. 
However, the FAR Council has not scheduled a public meeting on this 
rule (FAR case 94-802) because of the clarity and non-controversial 
nature of the rule. If the public believes such a meeting is needed 
with respect to this rule, a letter requesting a public meeting and 
outlining the nature of the requested meeting shall be submitted to and 
received by the FAR Secretariat (see ADDRESSES caption) on or before 
January 3, 1995.
    The FAR Council will consider such requests in determining whether 
a public meeting on this rule should be scheduled.

B. Regulatory Flexibility Act

    The proposed rule is not expected to have 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 the 
underlying policy has not changed. An Initial Regulatory Flexibility 
Analysis has, therefore, not been performed. Comments are invited from 
small businesses and other interested parties. Comments from small 
entities concerning the affected FAR subpart will also be considered in 
accordance with Section 610 of the Act. Such comments must be submitted 
separately and cite FAR case 94-802 in correspondence.

C. Paperwork Reduction Act-

    The Paperwork Reduction Act does not apply because the proposed 
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 3 and 52-

    Government procurement.

    Dated: November 23, 1994.
Edward C. Loeb,
Deputy Project Manager for the Implementation of the Federal 
Acquisition Streamlining Act of 1994.

    Therefore, it is proposed that 48 CFR Parts 3 and 52 be amended as 
set forth below:

PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF 
INTEREST

    1. The authority citation for 48 CFR Parts 3 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).


3.102-1  [Amended]

    2. Section 3.102-1 is amended in the first sentence of the 
introductory text by removing the words ``most Government contracts 
explicitly state that''.


3.102-2  [Removed and Reserved]

    3. Section 3.102-2 is removed and reserved.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.203-1  [Removed and Reserved]

    4. Section 52.203-1 is removed and reserved.

[FR Doc. 94-29421 Filed 11-30-94; 8:45 am]
BILLING CODE 6820-34-P