[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51832-51833]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24412]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 6

[FAC 97-14; FAR Case 99-001; Item III]
RIN 9000-AI44


Federal Acquisition Regulation; Use of Competitive Proposals

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

ACTION: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council

[[Page 51833]]

(Councils) have agreed to a final rule amending the Federal Acquisition 
Regulation (FAR) to delete the requirement for contracting officers to 
explain in writing their rationale for choosing to use competitive 
proposals rather than sealed bidding.

EFFECTIVE DATE: November 23, 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. Ralph DeStefano, Procurement Analyst, at (202) 
501-1758. Please cite FAC 97-14, FAR case 99-001.

SUPPLEMENTARY INFORMATION:

A. Background

    This change streamlines the acquisition process by eliminating a 
nonstatutory requirement. It should be noted that the Competition in 
Contracting Act (Pub. L. 98-369), dated July 18, 1984, contains no 
requirement for written documentation.
    This rule was not subject to Office of Management and Budget review 
under Section 6(b) of Executive Order 12866, Regulatory Planning and 
Review, dated September 30, 1993. This rule 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 Public Law 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-
14, FAR case 99-001), 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 6

    Government procurement.

    Dated: September 14, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

    Therefore, DoD, GSA, and NASA amend 48 CFR Part 6 as set forth 
below:

PART 6--COMPETITION REQUIREMENTS

    1. The authority citation for 48 CFR Part 6 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).

    2. In section 6.401, revise the introductory text to read as 
follows:


6.401 Sealed bidding and competitive proposals.

    Sealed bidding and competitive proposals, as described in Parts 14 
and 15, are both acceptable procedures for use under Subparts 6.1, 6.2; 
and, when appropriate, under Subpart 6.3.
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[FR Doc. 99-24412 Filed 9-23-99; 8:45 am]
BILLING CODE 6820-EP-P