[Federal Register Volume 61, Number 18 (Friday, January 26, 1996)]
[Rules and Regulations]
[Pages 2632-2633]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-1018]



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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 9 and 52

[FAC 90-37; FAR Case 92-615; Item IV]
RIN 9000-AF57


Federal Acquisition Regulation; Debarment and Suspension 
Certificate

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 add tax evasion as a cause 
for consideration for suspension or debarment. This regulatory action 
was not subject to Office of Management and Budget review under 
Executive Order 12866, dated September 30, 1993.

EFFECTIVE DATE: March 26, 1996.

FOR FURTHER INFORMATION CONTACT:
Mr. Ralph De Stefano at (202) 501-1758 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 90-37, 
FAR case 92-615.

SUPPLEMENTARY INFORMATION:

A. Background

    The Twentieth Report by the Committee on Government Operations 
entitled ``Coins, Contracting, and Chicanery: Treasury and Justice 
Departments Fail to Coordinate'' dated May 27, 1992, among other 
things, stated that there was a very real possibility that the U.S. 
Government did business with a man indicted as being one of the biggest 
tax evaders in history. In order to prevent this from happening in the 
future, a revision to the FAR was proposed to address tax evasion.
    A proposed rule was published in the Federal Register at 58 FR 
63494 on December 1, 1993. Four sources submitted public comments. No 
changes were made as a result of those comments.

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 offerors already must certify whether they have 
been convicted of or had a civil judgment rendered against them for a 
list of offenses. This rule will add ``tax evasion'' to the existing 
certification, as well as to the list of offenses for which contractors 
may be suspended or debarred from Federal contracts.

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 OMB under 44 
U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 9 and 52

    Government procurement.


[[Page 2633]]

    Dated: January 11, 1996.
Edward C. Loeb,
Acting Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR Parts 9 and 52 are amended as set forth below:
    1. The authority citation for 48 CFR Parts 9 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 9--CONTRACTOR QUALIFICATIONS


9.406-2  [Amended]

    2. Section 9.406-2 is amended in paragraph (a)(3) by inserting 
``tax evasion,'' after ``false statements,''.


9.407-2  [Amended]

    3. Section 9.407-2 is amended in paragraph (a)(3) by inserting 
``tax evasion,'' after ``false statements,''.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.209-5  [Amended]

    4. Section 52.209-5 is amended by revising the clause date to read 
``(MAR 1996)''; and in paragraph (a)(1)(i)(B) by inserting ``tax 
evasion,'' after ``false statements''.


52.212-3  [Amended]

    5. Section 52.212-3 is amended by revising the date of the 
provision to read ``(MAR 1996)''; and in paragraph (h)(2) by adding 
``tax evasion,'' after ``false statements,''.

[FR Doc. 96-1018 Filed 1-25-96; 8:45 am]
BILLING CODE 6820-EP-M