[Federal Register Volume 60, Number 140 (Friday, July 21, 1995)]
[Rules and Regulations]
[Page 37773]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-17934]
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DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 3, 49, and 52
[FAC 90-30; FAR Case 94-802; Item I]
RIN 9000-AG15
Federal Acquisition Regulation; Officials Not to Benefit (Ethics)
AGENCIES: Department of Defense (DOD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: This final rule is issued pursuant to the Federal Acquisition
Streamlining Act of 1994, Public Law 103-355 (the Act). The Federal
Acquisition Regulatory Council is amending the Federal Acquisition
Regulation (FAR) as a result of changes to 41 U.S.C. 22 by Section 6004
of the Act. This regulatory action was subject to Office of Management
and Budget review under Executive Order 12866, dated September 30,
1993.
EFFECTIVE DATE: September 19, 1995.
FOR FURTHER INFORMATION CONTACT:
Mr. Julius Rothlein, Ethics Team Leader, at (703) 697-4349 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 90-30, FAR case 94-802.
SUPPLEMENTARY INFORMATION:
A. Background
The Federal Acquisition Streamlining Act (FASA) of 1994, Pub. L.
103-355, provides authorities that streamline the acquisition process
and minimize burdensome Government-unique requirements. Major changes
in the acquisition process as a result of Federal Acquisition
Streamlining Act implementation include changes in the areas of
Commercial Item Acquisition, Simplified Acquisition Procedures, the
Truth in Negotiations Act, and introduction of the Federal Acquisition
Computer Network (FACNET).
FAR Case 94-802 originated because Section 6004 of Public Law 103-
355 amended 41 U.S.C. 22 by repealing the requirement that ``every
contract or agreement'' shall express the condition that certain
officials shall not benefit from the award of that contract or
agreement. The Government has expressed that condition in the form of
FAR clause 52.203-1. Since there is no longer a statutory requirement
to include such a clause in Government contracts, the clause has been
deleted. In addition, in response to a public comment, the statements
of policy found at FAR 3.102 through 3.102-2 have been deleted. The
criminal provisions found at 18 U.S.C. 431 and 432 remain in effect.
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 under the Regulatory Flexibility Act, 5 U.S.C.
601, et seq., because the underlying policy, that certain officials
shall not benefit from the award of Government contracts, has not
changed.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
D. Public Comments
Two substantive comments were received from six commenters in
response to the proposed rule published in the Federal Register on
December 1, 1994 (59 FR 61738). The Federal Acquisition Streamlining
Act Implementation Team fully considered these comments. The team's
analysis and disposition of the comments may be obtained from the FAR
Secretariat.
List of Subjects in 48 CFR Parts 3, 49, and 52
Government procurement.
Dated: July 17, 1995.
Capt. Barry L. Cohen, SC, USN,
Project Manager for the Implementation of the Federal Acquisition
Streamlining Act of 1994.
Therefore, 48 CFR Parts 3, 49, and 52 are amended as set forth
below:
PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF
INTEREST
1. The authority citation for 48 CFR Parts 3, 49, 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).
3.102 through 3.102-2 [Removed]
2. Section 3.102 is removed and reserved and sections 3.102-1
through 3.102-2 are removed.
PART 49--TERMINATION OF CONTRACTS
49.603-1, 49.603-2, 49.603-3, and 49.603-4 [Amended]
3. Sections 49.603-1(b)(7)(iii), 49.603-2(b)(8)(iii), 49.603-
3(b)(7)(iii), and 49.603-4(b)(4)(ii) are amended by revising the phrase
``employment of aliens, and ``officials not to benefit.'' to read ``and
employment of aliens.''
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.203-1 [Reserved]
4. Section 52.203-1 is removed and reserved.
[FR Doc. 95-17934 Filed 7-20-95; 8:45 am]
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