[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51833-51834]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24413]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 42

[FAC 97-14; FAR Case 98-602; Item IV]
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: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
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.

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 De Stefano, Procurement Analyst, at (202) 
501-1758. Please cite FAC 97-14, FAR case 98-602.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule adds a new section, FAR 8.716, 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 maintained by the Committee For Purchase From 
People Who Are Blind or Severely Disabled, and amends paragraph (a) of 
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.
    The rule is consistent with 41 U.S.C. 48, which pertains to the 
requirement (with certain exceptions) to procure supplies and services 
that are on the Procurement List issued by the Committee For Purchase 
From People Who Are Blind or Severely Disabled (Committee). The rule 
does not change the relationship between the Committee and JWOD 
participating nonprofit agencies concerning the compliance with State 
and local law before and during contract performance. The rule also 
does not change the Committee's obligation to insure that only 
responsible contractors provide supplies and services that are included 
on the Procurement List.
    This rule is 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, and is not a major rule under 5 
U.S.C. 804.

B. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not 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.

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 Parts 8 and 42

    Government procurement.


[[Page 51834]]


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

    Therefore, DoD, GSA, and NASA amend 48 CFR Parts 8 and 42 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. Add a new section 8.716 to read as follows:


8.716  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 must--
    (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. Amend section 42.1203 to revise paragraph (a) to read as 
follows:


42.1203  Processing agreements.

    (a) If a contractor wishes the Government to recognize a successor 
in interest to its contracts or a name change, the contractor must 
submit a written request to the responsible contracting officer (see 
42.1202). If the contractor received its contract under Subpart 8.7 
under the Javits-Wagner-O'Day Act, use the procedures at 8.716 instead.
* * * * *
[FR Doc. 99-24413 Filed 9-23-99; 8:45 am]
BILLING CODE 6820-EP-P