[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: 94-30655]


[Federal Register: December 28, 1994]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 19 and 52

[FAC 90-23; FAR Case 91-61; Item XIV]
RIN 9000-AE84


Federal Acquisition Regulation; Small Business Concern 
Representation

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 and the Defense 
Acquisition Regulations Council have agreed on a final rule to revise 
the Federal Acquisition Regulation (FAR) to clarify language regarding 
an offeror's size status and to remove the requirement for offerors to 
certify that all supplies to be furnished will be manufactured by a 
small business in the United States. 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:
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 FAC 90-23, 
FAR case 91-61.

SUPPLEMENTARY INFORMATION:

A. Background

    The revisions are considered necessary to eliminate confusion and 
clarify that questions regarding the size status of offerors are 
matters of eligibility, not responsiveness, and must be referred to the 
Small Business Administration. Small business set-aside clauses will 
continue to require that manufacturers or dealers furnish only end 
items manufactured or produced by a small business inside the United 
States, its territories and possessions, the Commonwealth of Puerto 
Rico, the Trust Territory of the Pacific Islands, or the District of 
Columbia. A sentence has been added to the provision to clarify that 
set-aside clauses of the solicitation contain restrictions on the 
source of end items to be furnished.

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 merely clarifies language regarding an 
offeror's size status and removes the requirement for offerors to 
certify that all supplies to be furnished will be manufactured by a 
small business in the United States. The rule was published as a 
proposed rule in the Federal Register at 57 FR 2820, January 23, 1992, 
with a request for comments. No comments were received from small 
businesses.

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 collection of information from offerors, contractors, 
or members of the public which require the approval of OMB under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 19 and 52

    Government procurement.

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

    Therefore, 48 CFR parts 19 and 52 are 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 19.502-4 is amended in paragraph (b) by adding a 
sentence at the end of the paragraph to read as follows:


19.502-4  Methods of conducting set-asides.

* * * * *
    (b) * * * However, before rejecting an offer otherwise eligible for 
award because of questions concerning the size representation, an SBA 
determination must be obtained (see subpart 19.3).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    3. Section 52.219-1 is amended in the provision title by removing 
``(JAN 1991)'' and inserting ``(FEB 1995)'' in its place; by revising 
paragraph (a); redesignating paragraphs (c)(1), (c)(2), and (c)(3) as 
(c)(2)(i), (ii), and (iii), respectively; redesignating the 
introductory text of paragraph (c) as (c)(2), and by adding a new 
paragraph (c)(1) to read as follows:


52.219-1  Small business concern representation.

* * * * *

Small Business Concern Representation (Feb. 1995)

    (a) Representation. The offeror represents and certifies as part 
of its offer that it is:P (  ) a small business concern, (  ) not a 
small business concern.
* * * * *
    (c) Notice. (1) If this solicitation is for supplies and has 
been set aside, in whole or in part, for small business concerns, 
then the clause in this solicitation providing notice of the set-
aside contains restrictions on the source of the end items to be 
furnished.
    (2) * * *
    (i) * * *
    (ii) * * *
    (iii) * * *

(End of provision)

[FR Doc. 94-30655 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P