[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: 94-30657]


[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 19

[FAC 90-23; FAR Case 91-107; Item XII]


Federal Acquisition Regulation; Certificates of Competency

RIN 9000-AF70
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 the applicability 
of Certificates of Competency procedures. 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 91-107.

SUPPLEMENTARY INFORMATION:

A. Background

    A contracting agency is required to refer small business 
nonresponsibility determinations to the Small Business Administration 
(SBA), even if the contracting agency is located outside the United 
States. The statutory requirement for referral to the SBA is unrelated 
to an agency's location. FAR 19.000(b) currently states that ``part 
[19] applies only inside the United States, its territories * * *''. It 
is not clear that overseas buying activities must comply with FAR 
19.601, Certificates of Competency and Determinations of Eligibility. 
This rule clarifies that the statutory requirement for referral to SBA 
is unrelated to an agency's location.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. Therefore, the Regulatory 
Flexibility Act does not apply. However, comments from small entities 
concerning the affected subpart will be considered in accordance with 5 
U.S.C. 610. Such comments must be submitted separately and cite 5 
U.S.C. 601, et seq. (FAC 90-23, FAR case 91-107), in correspondence.

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 Part 19

    Government procurement.

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

    Therefore, 48 CFR part 19 is amended as set forth below

PART 19--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

    The authority citation for 48 CFR part 19 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 19.000 is amended by revising paragraph (b) to read as 
follows:


19.000  Scope of part.

* * * * *
    (b) This part, except for subpart 19.6, applies only inside the 
United States, its territories and possessions, Puerto Rico, the Trust 
Territory of the Pacific Islands, and the District of Columbia. Subpart 
19.6 applies worldwide.
    3. Section 19.601 is amended by adding paragraph (d) to read as 
follows:


19.601  General.

* * * * *
    (d) Contracting officers, including those located overseas, are 
required to comply with this subpart for U.S. small business concerns.

[FR Doc. 94-30657 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P