[Federal Register Volume 63, Number 207 (Tuesday, October 27, 1998)]
[Proposed Rules]
[Page 57568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28682]



[[Page 57567]]

_______________________________________________________________________

Part VI

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Parts 8 and 42



Federal Acquisition Regulation; Javits-Wagner-O'Day Proposed Revisions; 
Proposed Rule

  Federal Register / Vol. 63, No. 207 / Tuesday, October 27, 1998 / 
Proposed Rules  

[[Page 57568]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 42

[FAR Case 98-602]
RIN 9000-AI16


Federal Acquisition Regulation; Javits-Wagner-O'Day Proposed 
Revisions

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

ACTION: Proposed rule.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to provide procedures for recognizing a 
name change or a successor in interest for Javits-Wagner-O'Day Act 
(JWOD) participating nonprofit agencies. 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: Comments should be submitted on or before December 28, 1998 to 
be considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (MVR), Attn: Laurie 
Duarte, 1800 F Street, NW, Room 4035, Washington, DC 20405.
    E-mail comments submitted over Internet should be addressed to: 
[email protected].
    Please cite FAR case 98-602 in all correspondence related to this 
case.

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 FAR case 98-602.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule adds a new section to provide procedures for 
recognizing a name change or a successor in interest for a JWOD 
participating nonprofit agency providing supplies or services on the 
Procurement List, and amends FAR 42.1203 to exempt JWOD participating 
nonprofit agencies from requirements of that section pertaining to the 
processing of a name change or a successor in interest. This rule is 
consistent with 41 U.S.C. 48, which concerns the requirement (with 
certain exceptions) to procure supplies and services, that are on the 
Committee's For Purchase From People Who Are Blind or Severely Disabled 
(Committee) Procurement List, from nonprofit agencies designated by the 
Committee.

B. Regulatory Flexibility Act

    This proposed rule is not expected to 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 
merely sets forth an existing practice and clarifies that certain 
administrative procedures pertaining to a name change or a successor in 
interest do not apply to JWOD participating nonprofit agencies. 
Therefore, an Initial Regulatory Flexibility Analysis has not been 
prepared. Comments are invited from small businesses and other 
interested parties. Comments from small entities concerning the 
affected FAR subpart will be considered in accordance with 5 U.S.C. 610 
of the Act. Such comments must be submitted separately and should cite 
5 U.S.C. 601, et seq. (FAR case 98-602), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 8 and 42

    Government procurement.

    Dated: October 22, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, it is proposed that 48 CFR Parts 8 and 42 be amended as 
set forth below:
    1. The authority citation for 48 CFR Parts 8 and 42 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).

PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES

    2. Subpart 8.7 is amended by adding a new section to read as 
follows:


8.7XX  Change-of-name and successor-in-interest procedures.

    When the Committee recognizes a name change or a successor in 
interest for a JWOD participating nonprofit agency providing supplies 
or services on the Procurement List--
    (a) The Committee will provide a notice of a change to the 
Procurement List to the cognizant contracting officers; and
    (b) Upon receipt of a notice of a change to the Procurement List 
from the Committee, the contracting officer shall--
    (1) Prepare a Standard Form (SF) 30, Amendment of Solicitation/
Modification of Contract, incorporating a summary of the notice and 
attaching a list of contracts affected; and
    (2) Distribute the SF 30, including a copy to the Committee.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES

    3. Section 42.1203 is amended by revising paragraph (a) to read as 
follows:


42.1203  Processing agreements.

    (a) When a firm performing Government contracts wishes the 
Government to recognize a successor in interest to these contracts or a 
name change, the contractor shall submit a written request to the 
responsible contracting officer (see 42.1202). For contracts with a 
Javits-Wagner-O'Day Act participating nonprofit agency providing 
supplies or services on the Procurement List, see 8.7XX.
* * * * *
[FR Doc. 98-28682 Filed 10-26-98; 8:45 am]
BILLING CODE 6820-EP-P