[Federal Register Volume 64, Number 113 (Monday, June 14, 1999)]
[Rules and Regulations]
[Pages 31732-31733]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15030]
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DEPARTMENT OF DEFENSE
48 CFR Part 209
[DFARS Case 98-D304]
Defense Federal Acquisition Regulation Supplement; Congressional
Medal of Honor
agency: Department of Defense (DoD).
action: Interim rule with request for comments.
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summary: The Director of Defense Procurement has issued an interim rule
amending the Defense Federal Acquisition Regulation Supplement (DFARS)
to implement Section 8118 of the National Defense Appropriations Act
for Fiscal Year 1999. Section 8118 prohibits the award of a contract
to, extension of a contract with, or approval of the award of a
subcontract to any entity that, within the past 15 years, has been
convicted of the unlawful manufacture or sale of the Congressional
Medal of Honor.
dates: Effective date: June 14, 1999.
Comment date: Comments on the interim rule should be submitted in
writing to the address shown below on or before August 13, 1999, to be
considered in the formation of the final rule.
addresses: Interested parties should submit written comments to:
Defense Acquisition Regulations Council, Attn: Ms. Amy Williams,
PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC
20301-3062. Telefax (703) 602-0350.
E-mail comments submitted over the Internet should be addressed to:
[email protected].
Please cite DFARS Case 98-D304 in all correspondence related to
this rule. E-mail comments should cite DFARS Case 98-D304 in the
subject line.
for further information contact: Ms. Amy Williams, (703) 602-0131.
supplementary information:
A. Background
This interim rule adds a new section at DFARS 209.471 to implement
Section 8118 of the National Defense
[[Page 31733]]
Appropriations Act for Fiscal Year 1999 (Public Law 105-262). Section
8118 prohibits the award of a contract to, extension of a contract
with, or approval of the award of a subcontract to any entity that,
within the past 15 years, has been convicted under 18 U.S.C. 704 of the
unlawful manufacture or sale of the Congressional Medal of Honor.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
This interim 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
applies only to entities that have been convicted of the unlawful
manufacture or sale of the Congressional Medal of Honor. Therefore, 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 DFARS
subpart also will be considered in accordance with 5 U.S.C. 610. Such
comments should be submitted separately and should cite DFARS Case 98-
D304 in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
D. Determination To Issue an Interim Rule
A determination has been made under the authority of the Secretary
of Defense that urgent and compelling reasons exist to publish this
interim rule prior to affording the public an opportunity to comment.
This interim rule implements Section 8118 of the National Defense
Appropriations Act for Fiscal Year 1999 Pub. L. 105-262). Section 8118
became effective on October 17, 1998. Comments received in response to
this interim rule will be considered in the formation of the final
rule.
List of Subjects in 48 CFR Part 209
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Therefore, 48 CFR Part 209 is amended as follows:
1. The authority citation for 48 CFR Part 209 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 209--CONTRACTOR QUALIFICATIONS
2. Section 209.471 is added to read as follows:
209.471 Congressional Medal of Honor
In accordance with Section 8118 of Pub. L. 105-262, do not award a
contract to, extend a contract with, or approve the award of a
subcontract to any entity that, within the preceding 15 years, has been
convicted under 18 U.S.C. 704 of the unlawful manufacture or sale of
the Congressional Medal of Honor. Any entity so convicted will be
listed as ineligible on the List of Parties Excluded from Federal
Procurement and Nonprocurement Programs published by the General
Services Administration.
[FR Doc 99-15030 Filed 6-11-99; 8:45 am]
BILLING CODE 5000-04-M