[Federal Register Volume 64, Number 116 (Thursday, June 17, 1999)]
[Rules and Regulations]
[Pages 32746-32747]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-15150]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 36

[FAC 97-12; FAR Case 98-023; Item V]
RIN 9000-AI34


Federal Acquisition Regulation; Application of the Brooks Act

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


[[Page 32747]]


ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (the Councils) have agreed on a final 
rule amending the Federal Acquisition Regulation (FAR) to remove a 
reference to the National Imagery and Mapping Agency (NIMA).

EFFECTIVE DATE: August 16, 1999.

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. Jack O'Neill, Procurement Analyst, at (202) 501-
3856. Please cite FAC 97-12, FAR case 98-023.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR Part 36 to remove the reference to the 
National Imagery and Mapping Agency (NIMA) at FAR 36.601-4(a)(4). In 
accordance with Section 8101 of the National Defense Appropriations Act 
for Fiscal Year 1999 (Pub. L. 262), except for services critical to 
national security, NIMA must use the procedures in FAR Subpart 36.6 
when using fiscal year 1999 funds to award contracts for mapping, 
charting, and geodesy activities, rather than the provisions in FAR 
Parts 13, 14, and 15. Therefore, although this is an annual 
appropriations requirement which affects NIMA only when using fiscal 
year 1999 funds, it is appropriate to remove the reference to NIMA as 
exemplifying the type of mapping services that must not be procured 
pursuant to FAR Subpart 36.6.
    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.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Pub. L. 98-577, and publication for 
public comments is not required. However, the Councils will consider 
comments from small entities concerning the affected FAR subpart in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 601, et seq. (FAC 97-12, 
FAR case 98-023), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose information collection requirements that 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 36

    Government procurement.

    Dated: June 9, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR part 36 as set forth 
below:

PART 36--CONSTRUCTION AND ARCHITECT-ENGINEER CONTRACTS

    1. The authority citation for 48 CFR part 36 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).


36.601-4  [Amended]

    2. Amend the fourth sentence of section 36.601-4(a)(4) by removing 
the words ``such as those typically performed by the National Imagery 
and Mapping Agency''.

[FR Doc. 99-15150 Filed 6-16-99; 8:45 am]
BILLING CODE 6820-EP-P