[Federal Register Volume 61, Number 189 (Friday, September 27, 1996)]
[Rules and Regulations]
[Pages 50737-50738]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-24278]


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SOCIAL SECURITY ADMINISTRATION

48 CFR Chapter 23

RIN 0960-AE12


Establishment of Acquisition Regulations

AGENCY: Social Security Administration (SSA).

ACTION: Final rule.

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SUMMARY: This rule establishes an agency acquisition regulation for the 
Social Security Administration (SSA) to implement and supplement the 
Federal Acquisition Regulation (FAR). SSA was established as an 
independent agency March 31, 1995 in accordance with the Social 
Security Independence and Program Improvements Act (SSIPIA). 
Publication of this rule terminates the application of the Health and 
Human Services Acquisition Regulation (HHSAR) to SSA acquisitions and 
contracts.

EFFECTIVE DATE: This regulation is effective October 28, 1996.

FOR FURTHER INFORMATION CONTACT: Susan Reed, Division of Policy and 
Information Management, Office of Acquisition and Grants, 1710 Gwynn 
Oak Ave., Baltimore, MD, 21207, telephone (410) 965-9547, telefax (410) 
966-1261.

SUPPLEMENTARY INFORMATION:

A. Background

    SSA was formerly an operating division of the Department of Health 
and Human Services (HHS). SSA acquisitions and contracts were subject 
to requirements and procedures set forth in the FAR, supplemented by 
the Health and Human Services Acquisition Regulation (HHSAR), contained 
in Chapter 3 of Title 48 of the Code of Federal Regulations. The SSIPIA 
established SSA as an independent agency on March 31, 1995. Section 
106(b) of the SSIPIA provided that the Department regulations, such as 
the HHSAR, continue to apply until such time as the Commissioner of SSA 
modifies, terminates, suspends, sets aside, or repeals them. Now, 
because of its independence, SSA will implement and supplement the 
regulatory parts of the FAR through its own agency supplement, the 
Social Security Acquisition Regulation (SSAR), maintained in Chapter 23 
of Title 348 of the Code of Federal Regulations. By this publication, 
the SSAR supersedes and terminates HHSAR application to SSA. The SSAR 
will, however, comprise only those policies and procedures which have a 
significant effect beyond SSA's internal operating procedures or have a 
significant cost or administrative impact on contractors or offerors.
    In order to implement its own streamlined, yet effective 
acquisition guidance process, SSA has elected to publish only a 
skeletal agency acquisition regulation, the SSAR, and to incorporate 
the bulk of its acquisition and contracting policies and procedures 
into an internal document, a desktop handbook. The handbook is limited 
to specific internal contracting and acquisition procedures, including 
workflow procedures, designations and delegations of authority, and 
internal reporting requirements.
    We anticipate making minimal future additions and changes to the 
SSAR. We will do so, however, when circumstances warrant. SSA will 
follow the FAR and SSAR for all regulatory requirements and our own 
internal guidance contained within the handbook.

B. Regulatory Flexibility Act

    The Regulatory Flexibility Act, Public Law 98-577, requires the 
preparation of a regulatory flexibility analysis for any rule which is 
likely to have a significant economic impact on a substantial number of 
small entities. We certify that this rule will not have a significant 
economic impact on a substantial number of small entities because the 
rule merely reflects the adoption of a new chapter for the publication 
of the SSAR and does not initiate any new policies or procedures which 
would impact the public. Therefore, a regulatory flexibility analysis 
is not required.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this final rule 
does not impose 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.

D. Administrative Procedure Act

    This rule is being published as a final rule instead of as a 
proposed rule. Section 702(a)(5) of the Social Security Act makes the 
regulations we prescribe subject to the rulemaking procedures 
established under section 553 of the Administrative Procedure Act 
(APA), 5 U.S.C. 553. The APA generally requires publication of a notice 
of proposed rulemaking and the solicitation of comments from interested 
persons. However, the APA provides exceptions to notice and comment 
procedures when an agency finds that there is good cause for dispensing 
with such procedures on the basis that they are impracticable, 
unnecessary, or contrary to the public interest.
    After due consideration, we have determined that, under 5 U.S.C. 
553(b)(B), good cause exists for waiver of notice of proposed 
rulemaking because such procedure is unnecessary. These final 
regulations will alter no substantive procedures or policies. They will 
merely terminate the application of the HHSAR to SSA acquisitions and 
contracts. The procedures and policies in effect after the date SSA 
gained the status of an independent agency will remain largely 
unchanged. The differences are of form only and are necessary to adapt 
the former regulations to the operating structures of this agency. 
Accordingly, promulgation

[[Page 50738]]

of these regulations pursuant to notice and comment rulemaking is 
unnecessary and may be dispensed with pursuant to 5 U.S.C. 553(b)(B).

G. Office of Federal Procurement Policy Act

    The Office of Federal Procurement Policy Act, as amended (41 U.S.C. 
418b) and FAR subparts 1.3 and 1.5 require publication of agency 
acquisition regulations for public comment when they have a significant 
effect beyond the internal operating procedures of the agency or result 
in significant cost or administrative impact on contractors or 
offerors. Because this final rule neither significantly affects the 
Agency's internal operating procedures nor results in significant costs 
or administrative impact on contractors or offerors, its publication 
without public comment is in compliance with the Act and FAR subparts 
1.3 and 1.5.

List of Subjects in 48 CFR Part 2301

    Government procurement, Social Security acquisition regulation.

    Dated: September 6, 1996.
Shirley S. Chater,
Commissioner of Social Security.

    For the reasons stated in the Preamble, Chapter 23 is added to 
Title 48 to read as follows:

CHAPTER 23--SOCIAL SECURITY ADMINISTRATION

SUBCHAPTER A--GENERAL

PART 2301--SOCIAL SECURITY ACQUISITION REGULATION SYSTEM

Subpart 2301.1--Purpose, Authority, Issuance

Sec. 2301.101--Purpose.
Sec. 2301.103--Authority.
Sec. 2301.104--Applicability.
Sec. 2301.105--Issuance.
Sec. 2301.105-1--Publication and code arrangement.
Sec. 2301.105-2--Arrangement of regulations.

    Authority: 5 U.S.C. 301, 40 U.S.C. 486(c).

PART 2301--SOCIAL SECURITY ACQUISITION REGULATION

Subpart 2301.1--Purpose, Authority, Issuance


2301.101  Purpose.

    (a) The Social Security Acquisition Regulation (SSAR) is issued to 
establish uniform acquisition policies and procedures for the Social 
Security Administration (SSA) which conform to the Federal Acquisition 
Regulation (FAR) System.
    (b) The SSAR implements and supplements the FAR. (Implementing 
material expands upon or indicates the manner of compliance with 
related FAR material. Supplementing material refers to policies or 
procedures which have no corresponding counterpart in the FAR.)
    (c) The SSAR contains only formal agency policies and procedures 
which have a significant effect beyond SSA's internal operating 
procedures or which have a significant cost or administrative impact on 
contractors or offerors.


2301.103  Authority.

    The SSAR is prescribed under the authority of 5 U.S.C. 301 and 
section 205(c) of the Federal Property and Administrative Services Act 
of 1949, as amended (40 U.S.C. 486(c)).


2301.104  Applicability.

    The FAR and SSAR apply to all SSA acquisitions as stated in FAR 
1.104. Unless specified otherwise, the FAR and SSAR apply to 
acquisitions within and outside the United States.


2301.105  Issuance.


2301.105-1  Publication and code arrangement.

    (a) The SSAR is also published in the same forms as indicated in 
FAR 1.105-1(a).
    (b) The SSAR is issued in the Code of Federal Regulations (CFR) as 
Chapter 23 of Title 48, Social Security Acquisition Regulation (SSAR). 
It may be referenced as ``48 CFR chapter 23.''


2301.105-2  Arrangement of regulations.

    (a) General. The SSAR conforms to the FAR with respect to 
divisional arrangements; i.e., subchapters, parts, subparts, sections, 
subsections, and paragraphs.
    (b) Numbering. The FAR System of numbering permits the keying of 
the same or similar subject matter throughout Chapters 1 (FAR) and 23 
(SSAR) of Title 48, CFR. However, SSA's system varies somewhat from 
that of the FAR numbering scheme, in the numbering to the left of the 
decimal point. Whereas the FAR only identifies the part number of 48 
CFR to the left of the decimal point, our corresponding reference 
identifies the chapter as well. For example, the FAR paragraph 
corresponding to this SSAR paragraph is numbered 1.105-2(b) where ``1'' 
is the part number (may be one or two digits and is followed by a 
decimal point), ``1'' (to the right of the decimal point) is the 
subpart number, ``05'' (always two digits) is the section number, ``2'' 
is the subsection number (always hyphenated), and ``(b)'' is the 
paragraph reference. This SSAR reference is 2301.105-2(b) where the 
``23'' is the chapter number assigned to SSA and the ``01'' represents 
the part number (part numbers will always be two digits for agencies 
implementing the FAR). The remaining numbers to the right of the 
decimal point are identical to and reflect the same divisions as in the 
FAR numbering scheme.
    (c) References and citations. (1) Unless otherwise stated, 
references indicate parts, subparts, sections, subsections, etc., of 
this regulation, the SSAR.
    (2) This regulation shall be referred to as the Social Security 
Acquisition Regulation (SSAR). Any reference may be cited as ``SSAR'' 
followed by the appropriate number. Within the SSAR, the number alone 
will be used.
    (3) Citations of authority shall be incorporated where necessary. 
All FAR reference numbers shall be preceded by ``FAR.''

[FR Doc. 96-24278 Filed 9-26-96; 8:45 am]
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