[Federal Register Volume 76, Number 107 (Friday, June 3, 2011)]
[Proposed Rules]
[Pages 32133-32134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-13835]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

[EO-13563-FAR-Docket Number 2011-0085; Sequence 1]

48 CFR Chapter 1


FAR Council's Plan for Retrospective Review Under Executive Order 
13563--Preliminary Plan

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

ACTION: Request for Information.

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SUMMARY: The Federal Acquisition Regulatory (FAR) Council has developed 
a preliminary plan for the retrospective analysis of provisions in the 
FAR, in accordance with Executive Order (E.O.) 13563, ``Improving 
Regulation and Regulatory Review.'' The E.O. sets forth principles and 
requirements designed to strengthen regulations and regulatory review 
by promoting public participation, improving integration and 
innovation, increasing flexibility, and increasing retrospective 
analysis of existing rules. The E.O. requires every agency to develop 
``a preliminary plan, consistent with law and its resources and 
regulatory priorities, under which the agency will periodically review 
its existing significant regulations to determine whether such 
regulations should be modified, streamlined, expanded or repealed to 
make the agency's regulatory program more effective and or less 
burdensome in achieving its regulatory objectives.'' To comply with 
E.O. 13563, the FAR Council invites interested members of the public to 
submit comments on its preliminary plan available at http://www.whitehouse.gov/21stcenturygov/actions/21st-century-regulatory-system.

DATES: Comment Date: Interested parties should submit written comments 
to the Regulatory Secretariat on or before July 5, 2011 to be 
considered in the formulation of a final plan.

ADDRESSES: Submit comments identified by Regulatory Burden; Federal 
Acquisition Regulatory Council Retrospective Review Under Executive 
Order 13563 Preliminary Plan by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by inputting the document 
title under the heading ``Enter Keyword or ID'' and selecting 
``search.'' Select the link ``Submit a Comment'' that corresponds with 
``FAR Council's Plan for Retrospective Review under Executive Order 
13563--Preliminary Plan.'' Follow the instructions provided to complete 
the ``Submit a Comment'' screen. Please include your name, company name 
(if any), and ``FAR Council's Plan for Retrospective Review under 
Executive Order 13563--Preliminary Plan'' on your attached document.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (MVCB), 1275 First Street, NE., 7th floor, ATTN: Hada 
Flowers, Washington, DC 20417.
    Instructions: Please submit comments only and cite the ``FAR 
Council's Plan for Retrospective Review under Executive Order 13563--
Preliminary Plan'' in all correspondence related to this case. All 
comments received will be posted without change to http://www.regulations.gov, including any personal and/or business 
confidential information provided.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755, 
for information pertaining to status or publication schedules. For 
clarification of content, contact Julia Wise, Procurement Policy 
Analyst at (202) 395-7561 or [email protected]. Please cite the ``FAR 
Council's Plan for Retrospective Review under Executive Order 13563--
Preliminary Plan.''

[[Page 32134]]


SUPPLEMENTARY INFORMATION:  On January 18, 2011, the President signed 
E.O. 13563, ``Improving Regulation and Regulatory Review,'' published 
in the Federal Register at 76 FR 3821 on January 21, 2011, which states 
that agencies must consider costs and benefits of their regulations and 
choose the least burdensome path. Agencies are required to coordinate, 
simplify, and harmonize regulations to reduce costs and promote 
certainty for businesses and the public.
    Section 6 of E.O. 13563 emphasizes the importance of retrospective 
analysis of rules and requires agencies to develop a plan, under which 
the agency will periodically review its existing significant 
regulations to determine whether any such regulations should be 
modified, expanded, streamlined, or repealed so as to make the agency's 
regulatory program more effective or less burdensome in achieving the 
regulatory objectives.

Request for Comments

    The FAR Council invites public comments on its plans for 
retrospective analysis. The Council's plan has tentatively identified 
eight priority initiatives for new or continued retrospective analysis 
and follow-up action over the next two years. These initiatives 
include--
    1. Re-examining FAR Council process for applying new regulatory 
requirements to commercial item acquisitions & small (simplified) 
purchases;
    2. Exploring opportunities to accelerate payments to small 
businesses;
    3. Reviewing rules governing communications with vendors before 
awarding contracts;
    4. Reducing number of competitions that result in only one offer;
    5. Revisiting the process for reviewing past performance 
information;
    6. Working with SBA to modernize rules for using contract set-
asides and small business subcontracting plans;
    7. Restructuring rules addressing conflicts of interest; and
    8. Clarifying rules addressing the use of competition for Blanket 
purchase agreements.
    The FAR Council welcomes comments on its preliminary plan and the 
initiatives discussed therein. The FAR Council further invites comments 
about any additional regulations, other than those listed in the 
preliminary plan, that should be modified, expanded, streamlined, or 
repealed in order to make the FAR more effective or less burdensome or 
both.
    The FAR Council advises that this notice and request for comments 
is issued for information and policy development purposes. Although the 
FAR Council encourages responses to this notice, such comments do not 
bind the FAR Council to taking any further actions related to the 
submission.

    Dated: May 31, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, General 
Services Administration.
[FR Doc. 2011-13835 Filed 6-2-11; 8:45 am]
BILLING CODE 6820-EP-P