[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]


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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.

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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]
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