[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Page 9053]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4295]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 9 and 19

[FAC 97-04; FAR Case 96-002; Item IV]
RIN 9000-AH66


Federal Acquisition Regulation; Certificate of Competency

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

ACTION: Interim rule adopted as final with a minor change.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to adopt as final, with one 
change, the interim rule published in the Federal Register at 62 FR 
44819, August 22, 1997, as Item IX of Federal Acquisition Circular 97-
01. This final rule amends the Federal Acquisition Regulation (FAR) to 
implement revisions made to the Small Business Administration's 
regulations covering the procurement assistance programs. 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.

EFFECTIVE DATE: April 24, 1998.

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 Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 97-04, FAR case 96-002.

SUPPLEMENTARY INFORMATION:

A. Background

    The interim rule amended FAR Parts 9 and 19 to comply with 
revisions made to the Small Business Administration's (SBA) procurement 
assistance programs contained in 13 CFR Part 125 and published at 61 FR 
3310, January 31, 1996. The rule increased the threshold over which 
contracting officers may appeal the award of a certificate of 
competency (COC) from $25,000 to $100,000; updated the names of SBA 
offices involved in processing COCs; implemented the requirement that 
compliance with the limitations on subcontracting be considered an 
element of responsibility; and removed language implementing Section 
305 of Pub. L. 103-403, as Section 305 has expired.
    No public comments were received in response to the interim FAR 
rule. The interim FAR rule is being converted to a final rule with a 
minor change to provide a more precise reference to SBA regulations.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not 
impose any new requirements on contractors, large or small. The Small 
Business Administration has certified that the revisions to 13 CFR Part 
125 being implemented by this rule will not have a significant economic 
impact on a substantial number of small entities.

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 Parts 9 and 19

    Government procurement.

    Dated: February 13, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With A Minor Change

    Accordingly, the interim rule amending 48 CFR Parts 9 and 19, which 
was published at 62 FR 44819, August 22, 1997, is adopted as a final 
rule with the following change:

PART 19--SMALL BUSINESS PROGRAMS

    1. The authority citation for 48 CFR Part 19 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).


19.302  [Amended]

    2. Section 19.302 is amended in the introductory text of paragraph 
(d) by removing the reference ``13 CFR 121.10'' and inserting ``13 CFR 
121.1004''.

[FR Doc. 98-4295 Filed 2-20-98; 8:45 am]
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