[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30636]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 52

[FAC 90-23; FAR Case 92-612; Item XXXIII]
RIN 9000-AF56


Federal Acquisition Regulation; Qualification Requirements

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 (CAAC) and the Defense 
Acquisition Regulations Council (DARC) have agreed on a final rule to 
amend the Federal Acquisition Regulation's (FAR) clause, Qualification 
Requirements, to preclude rejection of a bid solely because the bidder 
has not submitted evidence of qualification at the time of bid opening. 
This regulatory action was not subject to Office of Management and 
Budget review under Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: February 27, 1995.

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 90-23, FAR case 92-612.

SUPPLEMENTARY INFORMATION:

A. Background

    Paragraph (e) of the current clause at 52.209-1 may be inconsistent 
with the ruling of the General Accounting Office (GAO) in Gardner Zemke 
Company, Comptroller General Decision B-238334, April 5, 1990. In order 
to remove the inconsistencies between paragraphs (b) and (e) of the 
clause in light of the GAO decision, the CAAC and DARC have revised 
paragraph (e) to make it clear that a contracting officer may not 
reject a bid solely for the reason that the bidder has not provided 
evidence of qualification at the time of bid opening.

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 the rule simply removes inconsistencies in the 
clause at 52.209-1, Qualification Requirements. Comments submitted in 
response to the proposed rule did not raise any issues that demonstrate 
potentially significant impact.

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 Part 52

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR part 52 is amended as set forth below:

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation for 48 CFR part 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).

    2. Section 52.209-1 is amended by revising the date of the clause 
and paragraph (e) to read as follows:


52.209-1  Qualification Requirements.

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Qualification Requirements (Feb. 1995)

* * * * *
    (e) If an offeror, manufacturer, source, product or service has 
met the qualification requirement but is not yet on a qualified 
products list, qualified manufacturers list, or qualified bidders 
list, the offeror must submit evidence of qualification prior to 
award of this contract. Unless determined to be in the Government's 
interest, award of this contract shall not be delayed to permit an 
offeror to submit evidence of qualification.
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[FR Doc. 94-30636 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P