[Federal Register Volume 61, Number 145 (Friday, July 26, 1996)]
[Rules and Regulations]
[Page 39201]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18502]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 9

[FAC 90-40; FAR Case 95-007; Item V]
RIN 9000-AG66


Federal Acquisition Regulation; Responsibility Determinations

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 amending 
the Federal Acquisition Regulation (FAR) to emphasize the use of 
commercial sources of information in determining the responsibility of 
prospective contractors. This regulatory action was not subject to 
Office of Management and Budget review under Executive Order 12866, 
dated September 30, 1993, and is not a major rule under 5 U.S.C. 804.

EFFECTIVE DATE: September 24, 1996.

FOR FURTHER INFORMATION CONTACT: Mr. Ralph DeStefano 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 90-40, FAR case 95-007.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule implements a recommendation of the Department of 
Defense Procurement Process Reform Process Action Team. The rule amends 
FAR Subpart 9.1, Responsible Prospective Contractors, to state that 
contracting officers should use commercial sources of supplier 
information in making determinations of responsibility, and to clarify 
that preaward surveys should be requested only if sufficient relevant 
information is unavailable from other sources.
    A proposed rule was published in the Federal Register at 60 FR 
55960, November 3, 1995, and amended at 60 FR 62806, December 7, 1995. 
Three comments were received and were considered in the development of 
the final rule.

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 within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule merely 
emphasizes the use of commercial sources of information in determining 
the responsibility of prospective contractors.

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 9

    Government procurement.

    Dated: July 16, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Part 9 is amended as set forth below:

PART 9--CONTRACTOR QUALIFICATIONS

    1. The authority citation for 48 CFR Part 9 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 9.105-1 is amended in the introductory text of paragraph 
(c) by removing from the parenthetical ``48 CFR Part 42''; by 
redesignating paragraphs (c)(4) through (c)(6) as (c)(5) through 
(c)(7), and adding a new paragraph (c)(4) to read as follows:


9.105-1  Obtaining information.

* * * * *
    (c) * * *
    (4) Commercial sources of supplier information of a type offered to 
buyers in the private sector.
* * * * *
    3. Section 9.106-1 is amended by revising paragraph (a) to read as 
follows:


9.106-1  Conditions for preaward surveys.

    (a) A preaward survey is normally required only when the 
information on hand or readily available to the contracting officer, 
including information from commercial sources, is not sufficient to 
make a determination regarding responsibility. In addition, if the 
contemplated contract will have a fixed price at or below the 
simplified acquisition threshold or will involve the acquisition of 
commercial items (see part 12), the contracting officer should not 
request a preaward survey unless circumstances justify its cost.
* * * * *
[FR Doc. 96-18502 Filed 7-25-96; 8:45 am]
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