[Federal Register Volume 62, Number 90 (Friday, May 9, 1997)]
[Notices]
[Pages 25796-25797]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-12265]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[FAR Case 97-004]


Comment Request; Proposed Collection Entitled Reform of 
Affirmative Action in Federal Procurement

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Notice of request for public comments regarding a new 
information collection requirement.

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SUMMARY: Under the provisions of the Paperwork Reduction Act of 1995 
(44 U.S.C. Chapter 35), the Federal Acquisition Regulation (FAR) 
Secretariat plans to submit to the Office of Management and Budget 
(OMB) a request to review and approve a new information collection 
requirement concerning Reform of Affirmative Action in Federal 
Procurement (FAR Case 97-004).

DATES: Comment Due Date: July 8, 1997.

ADDRESSES: Comments regarding this burden estimate or any other aspect 
of this collection of information, including suggestions for reducing 
this burden, should be submitted to: FAR Desk Officer, OMB, Room 10102, 
NEOB, Washington, DC 20503, and a copy to the General Services 
Administration, FAR Secretariat, 1800 F Street, NW, Room 4037, 
Washington, DC 20405. Please cite FAR case 97-004, Reform of 
Affirmative Action in Federal Procurement, in all correspondence.

FOR FURTHER INFORMATION CONTACT: Ms. Victoria Moss, Office of Federal 
Acquisition Policy, GSA (202) 501-4764.

SUPPLEMENTARY INFORMATION:

A. Purpose

    The proposed rule contemplates revisions to the FAR to implement 
the Department of Justice (DOJ) proposal to reform affirmative action 
in Federal procurement. DOJ's proposal is designed to ensure compliance 
with the constitutional standards established by the Supreme Court in 
Adarand Constructors, Inc. v. Pena, 115 S.Ct. 2097. In Adarand, the 
Supreme Court extended strict judicial scrutiny to Federal affirmative 
action programs that use racial or ethnic criteria as a basis for 
decisionmaking. In Federal procurement, this means any use of race in 
the decision to award a contract is subject to strict scrutiny. Under 
strict scrutiny, any Federal programs that make race a basis for 
contract decisionmaking must be narrowly tailored to serve a compelling 
Government interest.

B. Annual Reporting Burden

    Public reporting burden for this collection of information is 
estimated to average 2.09 hours per response, including the time for 
reviewing instructions, searching existing data sources, gathering and 
maintaining the data needed, and completing and reviewing the 
collection of information.
    The annual reporting burden is estimated as follows: Respondents 
20,430; responses per respondent, 8.97; total annual responses, 
182,470; preparation hours per response, 2.09; and total response 
burden hours, 381,305.

Obtaining Copies of Justifications

    Requester may obtain a copy of the justification from the General 
Services

[[Page 25797]]

Administration, FAR Secretariat (MVRS), Room 4037, 1800 F Street, NW, 
Washington, DC 20405, telephone (202) 501-4755. Please cite FAR case 
97-004, Reform of Affirmative Action in Federal Procurement, in all 
correspondence.

    Dated: April 17, 1997.
Sharon A. Kiser,
FAR Secretariat.
[FR Doc. 97-12265 Filed 5-8-97; 8:45 am]
BILLING CODE 6820-EP-U