[Federal Register Volume 61, Number 154 (Thursday, August 8, 1996)]
[Rules and Regulations]
[Pages 41477-41478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20189]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Chapter 1
Federal Acquisition Regulation; Small Entity Compliance Guide
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Small Entity Compliance Guide.
-----------------------------------------------------------------------
SUMMARY: This document is issued under the joint authority of the
Secretary of Defense, the Administrator of General Services and the
Administrator for the National Aeronautics and Space Administration as
the Federal Acquisition Regulation (FAR) Council. This Small Entity
Compliance Guide has been prepared in accordance with Section 212 of
the Small Business Regulatory Enforcement Fairness Act of 1996 (Pub. L.
104-121). It consists of a summary of rules appearing in Federal
Acquisition Circular (FAC) 90-41 which amend the FAR. Further
information regarding these rules may be obtained by referring to FAC
90-41 which precedes this notice. This document may be obtained from
the Internet at http://www.gsa.gov/far/compliance.
FOR FURTHER INFORMATION CONTACT: Beverly Fayson, FAR Secretariat, (202)
501-4755.
SUPPLEMENTARY INFORMATION:
List of Rules in FAC 90-41
------------------------------------------------------------------------
Item Subject FAR case
------------------------------------------------------------------------
I Information Technology 96-319
Management Reform Act of 1996.
II Compliance with Immigration and 96-320
Nationality Act Provisions.
III Federal Acquisition and 95-305
Community Right-to-Know.
IV Restrictions on Certain Foreign 95-303
Purchases.
V Legal Proceedings Costs......... 93-010
------------------------------------------------------------------------
Item I--Information Technology Management Reform Act of 1996 (FAR
Case 96-319)
This interim rule implements the Information Technology Management
Reform Act (ITMRA) of 1996 (Division E of Public Law 104-106). ITMRA
seeks to improve Federal information management and to facilitate
acquisition of state-of-the-art information technology that is critical
for improving the efficiency and effectiveness of Government
operations. Under ITMRA, each executive agency is authorized to acquire
information technology, including entering into contracts that provide
for multi-agency acquisitions of information technology in accordance
with guidance issued by the Office of Management and Budget. This
interim rule also contains certain policies and procedures from the
Federal Information Resources Management Regulation (FIRMR). The
changes to the FAR include (1) addition of a definition of
``information technology'' at 2.101; (2) relocation of the definition
of ``major system'' from 34.001 to 2.101; (3) addition of a new Subpart
8.9, Financial Management Systems Software (FMSS) Mandatory Multiple
Award Schedule (MAS) Contracts Program; (4) revision of Part 39,
Acquisition of Information Technology; (5) addition of a new clause at
52.239-1, Privacy or Security Safeguards; and (6) various conforming
amendments in other parts of the FAR.
Item II--Compliance With Immigration and Nationality Act Provisions
(FAR Case 96-320)
This interim rule amends FAR 9.406 to implement Executive Order
12989 of February 13, 1996, Economy and Efficiency in Government
Procurement Through Compliance with Certain Immigration and Nationality
Act Provisions. The Executive Order provides that a contractor may be
debarred upon a determination by the Attorney General that the
contractor is not in compliance with the employment
[[Page 41478]]
provisions of the Immigration and Nationality Act.
Item III--Federal Acquisition and Community Right-to-Know (FAR Case 95-
305)
The interim rule published in FAC 90-34 is revised and finalized.
The rule implements Executive Order 12969, Federal Acquisition and
Community Right-to-Know, which requires that Government contractors
report in a public manner on toxic chemicals released into the
environment. The final rule differs from the interim rule in that it
amends FAR Subpart 23.9, the provision at 52.223-13, and the clause at
52.223-14 to clarify that (1) an offeror must submit a Certification of
Toxic Chemical Release Reporting regarding only those facilities that
it owns or operates, and (2) a contractor must file a Toxic Chemical
Release Inventory Form with the Environmental Protection Agency only
for its facilities that are subject to the reporting requirements of
the Emergency Planning and Community Right-to-Know Act of 1986.
Item IV--Restrictions on Certain Foreign Purchases (FAR Case 95-
303)
This final rule amends FAR Subpart 25.7 and the clause at 52.225-11
to (1) implement Executive Order 12959, Prohibiting Certain
Transactions with Respect to Iran, and (2) reflect the regulations of
the Department of the Treasury, Office of Foreign Assets Control (31
CFR Chapter V). Iran and Libya are added to the list of sources from
which procurement is restricted; Vietnam, Cambodia, and South Africa
are removed from the list.
Item V--Legal Proceedings Costs (FAR Case 93-010)
This final rule amends FAR 31.205-47 to make the costs of pre- or
post-award protests unallowable. An exception to this requirement is
made for costs incurred to defend against a protest, if the costs are
incurred pursuant to a written request from the contracting officer.
Dated: August 2, 1996.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
[FR Doc. 96-20189 Filed 8-7-96; 8:45 am]
BILLING CODE 6820-EP-P