[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Page 44813]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21491]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 1

[FAC 97-1; FAR Case 96-329; Item VI]
RIN 9000-AH67


Federal Acquisition Regulation; New FAR Certifications

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

ACTION: Final rule.

-----------------------------------------------------------------------

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 reflect the provisions of 
Section 4301(b)(2) of the Clinger-Cohen Act of 1996 (Pub. L. 104-106). 
Section 4301(b)(2) prohibits the inclusion of a new certification 
requirement in the FAR for contractors or offerors unless the 
certification requirement is specifically imposed by statute, or unless 
written justification for such certification requirement is provided to 
the Administrator for Federal Procurement Policy by the FAR Council and 
the Administrator approves in writing the inclusion of the 
certification. 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.

DATES: Effective October 21, 1997.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405 (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Mr. Ralph De Stefano, Procurement Analyst, at (202) 
501-1758. Please cite FAC 97-01, FAR case 96-329.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule adds a new section at FAR 1.107 to reflect the 
provisions of Section 4301(b)(2) of the Clinger-Cohen Act of 1996 (Pub. 
L. 104-106). Section 4301(b)(2) amends Section 29 of the Office of 
Federal Procurement Policy Act (41 U.S.C. 425) to prohibit the 
inclusion of a new certification requirement in the FAR for contractors 
or offerors unless the certification requirement is specifically 
imposed by statute, or unless written justification for such 
certification requirement is provided to the Administrator for Federal 
Procurement Policy by the FAR Council and the Administrator approves in 
writing the inclusion of the certification.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comment is not required. However, comments from small 
entities concerning the affected FAR subpart will be considered in 
accordance with 5 U.S.C. 610. Such comments must be submitted 
separately and cite 5 U.S.C. 601, et seq. (FAC 97-1, FAR case 96-329), 
in correspondence.

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 1

    Government procurement.

    Dated: August 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, 48 CFR Part 1 is amended as set forth below:

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM

    1. The authority citation for 48 CFR Part 1 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 1.107 is added to read as follows:


1.107   Certifications.

    In accordance with Section 29 of the Office of Federal Procurement 
Policy Act (41 U.S.C. 425), as amended by Section 4301 of the Clinger-
Cohen Act of 1996 (Public Law 104-106), a new requirement for a 
certification by a contractor or offeror may not be included in this 
chapter unless--
    (a) The certification requirement is specifically imposed by 
statute; or
    (b) Written justification for such certification is provided to the 
Administrator for Federal Procurement Policy by the Federal Acquisition 
Regulatory Council, and the Administrator approves in writing the 
inclusion of such certification requirement.

[FR Doc. 97-21491 Filed 8-21-97; 8:45 am]
BILLING CODE 6820-EP-P