[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51834-51835]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24414]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 11 and 52
[FAC 97-14; FAR Case 98-004; Item V]
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: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending 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.
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 Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 97-14, FAR case 98-004.
SUPPLEMENTARY INFORMATION:
A. Background
The Office of Management and Budget published a revised OMB
Circular A-119, ``Federal Participation in the Development and Use of
Voluntary Consensus Standards and in Conformity Assessment
Activities,'' in the Federal Register at 63 FR 8545, February 19, 1998.
This rule revises FAR Subparts 11.1 and 11.2 and adds a new
solicitation provision at 52.211-7 to implement the revised OMB
circular.
A proposed rule was published in the Federal Register at 63 FR
68344, December 10, 1998. All comments were considered in the
development of this final rule.
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 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 amends
the FAR to reflect the Government's preference for the use of voluntary
consensus standards in accordance with OMB Circular A-119. The rule
permits, but does not require, offerors to propose alternatives to
Government-unique standards when responding to Government
solicitations.
C. Paperwork Reduction Act
The Paperwork Reduction Act (Pub. L. 96-511) applies because the
final rule contains information collection requirements.
The Office of Management and Budget approved the information
collection under clearance number 9000-0153 through February 28, 2002.
This final rule does not affect those previously approved information
collection requirements.
List of Subjects in 48 CFR Parts 11 and 52
Government procurement.
Dated: September 14, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR Parts 11 and 52 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. In section 11.101, add paragraph (c) to read as follows:
Sec. 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 must use voluntary
consensus standards, when they exist, in lieu of Government-unique
standards, except where inconsistent with law or otherwise impractical.
The private sector manages and administers voluntary consensus
standards. Such standards are not
[[Page 51835]]
mandated by law (e.g., industry standards such as ISO 9000).
3. Revise section 11.107 to read as follows:
Sec. 11.107 Solicitation provision.
(a) Insert the provision at 52.211-6, Brand Name or Equal, when
brand name or equal purchase descriptions are included in a
solicitation.
(b) Insert the provision at 52.211-7, Alternatives to Government-
Unique Standards, in solicitations that use Government-unique standards
when the agency uses the transaction-based reporting method to report
its 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''). Use of the
provision is optional for agencies that report their use of voluntary
consensus standards to the National Institute of Standards and
Technology using the categorical reporting method. Agencies that manage
their specifications on a contract-by-contract basis use the
transaction-based method of reporting. Agencies that manage their
specifications centrally use the categorical method of reporting.
Agency regulations regarding specification management describe which
method is used.
4. Revise paragraph (e) in section 11.201 to read as follows:
Sec. 11.201 Identification and availability of specifications.
* * * * *
(e) Agencies may purchase some nongovernment standards, including
voluntary consensus standards, from the National Technical Information
Service's Fedworld Information Network. Agencies may also obtain
nongovernment standards from the standards developing organization
responsible for the preparation, publication, or maintenance of the
standard, or from an authorized document reseller. The National
Institute of Standards and Technology can assist agencies in
identifying sources for, and content of, nongovernment standards. DoD
activities may obtain from the DoDSSP those nongovernment standards,
including voluntary consensus standards, adopted for use by defense
activities.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Add section 52.211-7 to read as follows:
Sec. 52.211-7 Alternatives to Government-unique standards.
As prescribed in 11.107(b), insert the following provision:
Alternatives to Government-Unique Standards (Nov 1999)
(a) This solicitation includes Government-unique standards. The
offeror may propose voluntary consensus standards that meet the
Government's requirements as alternatives to the Government-unique
standards. The Government will accept use of the voluntary consensus
standard instead of the Government-unique standard if it meets the
Government's requirements unless inconsistent with law or otherwise
impractical.
(b) If an alternative standard is proposed, the offeror must
furnish data and/or information regarding the alternative in
sufficient detail for the Government to determine if it meets the
Government's requirements. Acceptance of the alternative standard is
a unilateral decision made solely at the discretion of the
Government.
(c) Offers that do not comply with the Government-unique
standards specified in this solicitation may be determined to be
nonresponsive or unacceptable. The offeror may submit an offer that
complies with the Government-unique standards specified in this
solicitation, in addition to any proposed alternative standard(s).
(End of provision)
[FR Doc. 99-24414 Filed 9-23-99; 8:45 am]
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