[Federal Register Volume 67, Number 168 (Thursday, August 29, 2002)]
[Proposed Rules]
[Page 55680]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-21616]



[[Page 55679]]

-----------------------------------------------------------------------

Part VIII





Department of Defense

General Services Administration

National Aeronautics and Space Administration





-----------------------------------------------------------------------



48 Parts 8 and 42



Federal Acquisition Regulation; Past Performance Evaluation of Federal 
Prison Industries Contracts; Proposed Rule

  Federal Register / Vol. 67, No. 168 / Thursday, August 29, 2002 / 
Proposed Rules  

[[Page 55680]]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 8 and 42

[FAR Case 2001-035]
RIN 9000-AJ45


Federal Acquisition Regulation; Past Performance Evaluation of 
Federal Prison Industries Contracts

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

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to remove the prohibition on 
evaluating Federal Prison Industries (FPI) contract performance.

DATES: Interested parties should submit comments in writing on or 
before October 28, 2002 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to--General Services Administration, 
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405.
    Submit electronic comments via the Internet to--farcase.2001-
[email protected].
    Please submit comments only and cite FAR case 2001-035 in all 
correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC, 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Laura Smith, Procurement Analyst, at (202) 208-7279. 
Please cite FAR case 2001-035.

SUPPLEMENTARY INFORMATION:

A. Background

    This proposed rule amends FAR Subparts 8.6 and 42.15 to remove the 
prohibition on evaluating Federal Prison Industries (FPI) contract 
performance. Past performance information is collected for use in 
future source selections regarding a contractor's actions under 
previously awarded contracts. This change will permit Federal customers 
to rate FPI performance, compare FPI to private sector providers, and 
give FPI important feedback on previously awarded contracts. It is 
expected that this change will give FPI the same opportunity that we 
give private sector providers, to improve their customer satisfaction, 
in general, and their performance on delivery, prices, and quality, 
specifically.
    This is not a significant regulatory action and, therefore, was not 
subject to 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 Councils do not expect this proposed rule 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 extending the collection of past performance data to include 
FPI contracts can be accomplished within our normal means of performing 
business and further serves to promote competition among offerors. An 
Initial Regulatory Flexibility Analysis has, therefore, not been 
performed. We invite comments from small businesses and other 
interested parties. The Councils will consider comments from small 
entities concerning the affected FAR Parts 8 and 42 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. (FAR case 2001-035), in 
correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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.

    Dated: August 20, 2002.
Al Matera,
Director, Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 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 section 8.607 to read as follows:


8.607  Evaluating FPI performance.

    Agencies shall evaluate FPI contract performance in accordance with 
subpart 42.15.

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES


42.1502  [Amended]

    3. Amend section 42.1502 in paragraph (b) by removing ``Subparts 
8.6 and'' and adding ``subpart'' in its place.
[FR Doc. 02-21616 Filed 8-28-02; 8:45 am]
BILLING CODE 6820-EP-P