[Federal Register Volume 61, Number 120 (Thursday, June 20, 1996)] [Rules and Regulations] [Pages 31642-31643] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-14524] ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE 48 CFR Parts 19 and 52 [FAC 90-39; FAR Case 92-039; Item IX] RIN 9000-AG07 Federal Acquisition Regulation; Master Subcontracting Plans 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 to amend the Federal Acquisition Regulation (FAR) to permit master subcontracting plans to be written for a three-year period and to emphasize that it is incumbent upon contractors to maintain and update master plans. This regulatory action was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993, and is not a major rule under 5 U.S.C. 804.
EFFECTIVE DATE: August 19, 1996.
For Further Information Contact
Ms. Linda Klein at (202) 501-3775 in reference to this FAR case. For general information, contact the FAR Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501- 4755. Please cite FAC 90-39, FAR case 92-039.
Supplementary Information
A. Background
A proposed rule was published in the Federal Register on September 8, 1994 (59 FR 46385). The proposed rule amended FAR 19.704(b) and 52.219-9 to permit master subcontracting plans to be written for a three-year period with contractors making changes/updates to master subcontracting plans as necessary. After evaluating public comments, the Councils have agreed to add language at FAR 19.704(b) stating that changes required to update master subcontracting plans are not effective until approved by the contracting officer.
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 small businesses are exempt from subcontracting plan requirements, and the rule does not change the contractor's obligation to maximize subcontracting opportunities for small business concerns. No comments were received on the impact of this rule on small entities during the public comment period.
C. Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (Public Law 104-13) is deemed to apply because the final rule contains information collection requirements. This final rule will result in an estimated reduction in the number of subcontract plans per year and associated hours. Consequently, a revised clearance for OMB Control Number 9000-0006 was submitted to OMB. The revised clearance has been approved through October 31, 1997. OMB Control Number 9000-0006 has recently been further revised by FAR case 94-780, and approval has been extended through March 31, 1998.
List of Subjects in 48 CFR Parts 19 and 52
Government procurement.
Dated: June 4, 1996. Edward C. Loeb, Director, Federal Acquisition Policy Division.
Therefore, 48 CFR Parts 19 and 52 are amended as set forth below:
1. The authority citation for 48 CFR Parts 19 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 19--SMALL BUSINESS PROGRAMS
2. Section 19.704 is amended in paragraph (b) by revising the second sentence and adding a third and fourth sentence to read as follows:
19.704 Subcontracting plan requirements.
* * * * * (b) * * * Master plans shall be effective for a 3-year period after approval by the contracting officer; however, it is incumbent upon contractors to maintain and update master plans. Changes required to update master plans are not effective until approved by the contracting officer. A master plan, when incorporated in an individual plan, shall apply to that contract throughout the life of the contract.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
3. Section 52.219-9 is amended by revising the date of the clause to read ``(AUG 1996)''; in paragraph (f) introductory text by removing ``(d) above,'' and inserting ``paragraph (d) of this clause,'' in its place; and revising paragraph (f)(2) of the clause to read as follows:
52.219-9 Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan.
* * * * *
Small, Small Disadvantaged and Women-Owned Small Business Subcontracting Plan (Aug 1996)
* * * * * (f) * * * (2) the offeror ensures that the master plan is updated as necessary and provides copies of the approved master plan, including evidence of its approval, to the Contracting Officer, and * * * * * [FR Doc. 96-14524 Filed 6-19-96; 8:45 am] BILLING CODE 6820-EP-P