[Federal Register Volume 63, Number 237 (Thursday, December 10, 1998)]
[Proposed Rules]
[Pages 68344-68345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-32794]



[[Page 68343]]

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Part II

Department of Defense

General Services Administration

National Aeronautics and Space Administration
_______________________________________________________________________



48 CFR Parts 11 and 52



Federal Acquisition Regulation; OMB Circular A-119; Proposed Rule

  Federal Register / Vol. 63, No. 237 / Thursday, December 10, 1998 / 
Proposed Rules  

[[Page 68344]]



DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 11 and 52

[FAR Case 98-004]
RIN 9000-AI12


Federal Acquisition Regulation; OMB Circular A-119

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

ACTION: Proposed rule with request for comments.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council are proposing to amend the Federal 
Acquisition Regulation (FAR) to address the use of voluntary consensus 
standards in accordance with the requirements of Office of Management 
and Budget (OMB) Circular A-119.

DATES: Comments should be submitted on or before February 8, 1999 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: Ms. 
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 98-004 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 Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAR case 98-004.

SUPPLEMENTARY INFORMATION:

A. Background

    On February 19, 1998, a newly revised OMB Circular A-119, ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities,'' was published in 
the Federal Register at 63 FR 8545, February 19, 1998. This proposed 
rule amends FAR Subparts 11.1 and 11.2, and provides a new solicitation 
provision at 52.211-XX to implement the revised OMB circular.
    This regulatory action was not subject to Office of Management and 
Budget review under Executive Order 12866, dated September 30, 1993. 
This is not a major rule under 5 U.S.C. 804.

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 amends the FAR to reflect the Government's preference for the 
use of voluntary consensus standards in accordance with OMB Circular A-
119, and permits, but does not require, offerors to propose 
alternatives to Government-unique standards when responding to 
Government solicitations. An Initial Regulatory Flexibility Analysis 
has not been performed. Comments are invited from small businesses and 
other interested parties. Comments from small entities concerning the 
affected FAR subparts also will be considered in accordance with 5 
U.S.C. 610. Such comments must be submitted separately and should cite 
5 U.S.C. 601, et seq. (FAR Case 98-004), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act (44 U.S.C. 3501, et seq.) is deemed to 
apply because the proposed rule contains information collection 
requirements. Accordingly, a request for review of a new information 
collection requirement concerning OMB Circular A-119 will be submitted 
to OMB under 44 U.S.C. 3501, et seq.

Annual Reporting Burden

    Public reporting burden for this collection of information is 
estimated to average 1 hour per response, including the time for 
reviewing instruction, 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: 
100; Responses per respondent: 1; Total annual responses: 100; 
Preparation hours per response: 1; and Total response burden hours: 
100.

D. Request for Comments Regarding Paperwork Burden

    Members of the public are invited to comment on the recordkeeping 
and information collection requirements and estimates set forth above. 
Please send comments to: Office of Information and Regulatory Affairs, 
Office of Management and Budget, Attention: Mr. Peter N. Weiss, FAR 
Desk Officer, New Executive Office Building, Room 10102, 725 17th 
Street, NW. Washington, DC 20503.
    Also send a copy of any comments to the FAR Secretariat at the 
address shown under ADDRESSES. Please cite FAR Case 98-004 in all 
correspondence.

List of Subjects in 48 CFR Parts 11 and 52

    Government procurement.
Victoria Moss,
Acting Director, Federal Acquisition Policy Division.
    Therefore, it is proposed that 48 CFR Parts 11 and 52 be amended as 
set forth below:
    1. The authority citation for 48 CFR Parts 11 and 52 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 11--DESCRIBING AGENCY NEEDS

    2. Section 11.101 is amended by adding paragraph (c) to read as 
follows:


11.101  Order of precedence for requirements documents.

* * * * *
    (c) In accordance with OMB Circular A-119, ``Federal Participation 
in the Development and Use of Voluntary Consensus Standards and in 
Conformity Assessment Activities,'' agencies shall use voluntary 
consensus standards, when they exist, in lieu of Government-unique 
standards, except where inconsistent with law or otherwise impractical. 
Voluntary consensus standards are developed and administered by the 
private sector and are not mandated by law (e.g. industry standards 
such as ISO 9000).
    3. Section 11.10X is added to read as follows:


11.10X   Solicitation provision.

    The contracting officer shall insert the provision at 52.211-XX, 
Alternatives to Government-Unique Standards, in solicitations that use 
Government-unique standards instead of voluntary consensus standards, 
when the agency uses the transaction-based reporting method to report 
their use of voluntary consensus standards to the National Institute of 
Standards and Technology (see OMB Circular A-119, ``Federal 
Participation in the Development and Use of Voluntary Consensus 
Standards and in Conformity Assessment Activities''). Agencies that 
report their use of voluntary consensus standards to

[[Page 68345]]

the National Institute of Standards and Technology using the 
categorical reporting method do not need to include the provision at 
52.211-XX. The transaction based method of reporting is used by 
agencies that manage their specifications on a contract-by-contract 
basis. The categorical method of reporting is used by agencies that 
manage their specifications centrally. Agency regulations regarding 
specification management describe which method is used.
    4. Section 11.201 is amended by revising paragraph (e) to read as 
follows:


11.201  Identification and availability of specifications.

* * * * *
    (e) DoD activities may obtain from the DoDSSP those nongovernment 
standards, including voluntary consensus standards, adopted for use by 
defense activities. Other activities may obtain nongovernment standards 
from the National Institute of Standards and Technology, Government 
libraries, activities subscribing to document handling services or the 
organization responsible for the preparation, publication or 
maintenance of the standard.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    5. Section 52.211-XX is added to read as follows:


52.211-XX  Alternatives to Government-Unique Standards.

    As prescribed in 11.10X, insert the following provision:

Alternatives to Government--Unique Standards [Date]

    (a) Offerors are responsible for reviewing all requirements of 
this solicitation, including all standards.
    (b) Offerors may propose alternatives to Government-unique 
standards that meet the Government's requirements. If an alternative 
is proposed, the offeror must furnish data and/or information 
regarding the alternative standard in sufficient detail for the 
Government to determine if the alternative meets the Government's 
requirements. The Contracting Officer will have sole discretion to 
determine whether it is in the Government's best interest to apply 
any proposed alternative to this acquisition.

(End of clause)

[FR Doc. 98-32794 Filed 12-9-98; 8:45 am]
BILLING CODE 6820-EP-P