[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: 94-30666]


[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 5

[FAC 90-23; FAR Case 93-8; Item III]
RIN 9000-AF87


Federal Acquisition Regulation; National Security

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 amend 
the Federal Acquisition Regulation (FAR) to clarify that the 
requirement for public announcement of contract awards over $3 million 
does not apply to contracts classified for national security purposes. 
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 93-8.

SUPPLEMENTARY INFORMATION:

A. Background

    FAR 5.303(a) requires contracting officers to make information 
available on awards over $3 million (unless another dollar amount is 
specified in agency regulations) in sufficient time for the agency 
concerned to announce it by 5:00 p.m. Washington, DC time on the date 
of award. This final rule revises FAR 5.303(a) to indicate that the 
requirement for public announcement does not apply to contracts 
exempted from synopsis in the Commerce Business Daily for reasons of 
national security.

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 93-8), 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 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 5

    Government procurement.

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

    Therefore, 48 CFR part 5 is amended as set forth below:

PART 5--PUBLICIZING CONTRACT ACTIONS

    1. The authority citation for 48 CFR part 5 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 5.303(a) is revised to read as follows:


5.303  Announcement of contract awards.

    (a) Public announcement. Contracting officers shall make 
information available on awards over $3 million (unless another dollar 
amount is specified in agency acquisition regulations) in sufficient 
time for the agency concerned to announce it by 5:00 p.m. Washington, 
DC time on the day of award. Contracts excluded from this reporting 
requirement include (1) those placed with the Small Business 
Administration under Section 8(a) of the Small Business Act, (2) those 
placed with foreign firms when the place of delivery or performance is 
outside the United States or its possessions, and (3) those for which 
synopsis was exempted under 5.202(a)(1). Agencies shall not release 
information on awards before the public release time of 5:00 p.m. 
Washington, DC time.
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[FR Doc. 94-30666 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P