Federal Acquisition Regulation; Master Subcontracting Plans

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 19 and 52

[FAR Case 92-39]

Federal Acquisition Regulation; Master Subcontracting Plans

AGENCIES: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council are proposing to amend the Federal

Acquisition Regulation (FAR) to permit master subcontracting plans to

be written for a 3-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

pursuant to Executive Order 12866, dated September 30, 1993.

DATES: Comments should be submitted on or before November 7, 1994 to be

considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to:

General Services Administration, FAR Secretariat (VRS), 18th & F

Streets, NW, Room 4037, Washington, DC 20405. Please cite FAR case 92-

39 in all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT:

Ms. Shirley Scott at (202) 501-0168 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 FAR case 92-

39.

SUPPLEMENTARY INFORMATION:

A. Background

President Bush's memorandum on ``Reducing the Burden of Government

Regulation'' tasked selected agencies and departments to review current

regulations, to identify those that impose a substantial cost on the

economy, and to make appropriate revisions. In response to this

direction, the Federal Acquisition Regulatory Council solicited and

received the views of various industry associations and the public.

This amendment to FAR 19.704(b) and 52.219-9 was based on an industry

recommendation.

B. Regulatory Flexibility Act

This proposed rule is not expected 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 small

businesses are exempt from subcontracting plan requirements. An Initial

Regulatory Flexibility Analysis has, therefore, not been performed.

Comments from small entities concerning the affected FAR subpart will

be considered in accordance with 5 U.S.C. 610 of the Act. Such comments

must be submitted separately and should cite 5 U.S.C. 601, et seq. (FAR

case 92-39), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act (Pub. L. 96-511) is deemed to apply

because the proposed rule contains information collection requirements.

This proposed rule will result in an estimated 10 percent reduction in

the number of subcontract plans per year and associated hours as

currently approved under Office of Management and Budget (OMB) Control

Number 9000-0006, Subcontracting Plans/Subcontracting Report for

Individual Contracts. Accordingly, a request for approval of a decrease

in the estimated burden is being submitted to OMB under 44 U.S.C. 3501,

et seq. Public comments concerning this request will be invited through

a subsequent Federal Register notice.

List of Subjects in 48 CFR Parts 19 and 52

Government procurement.

Dated: August 31, 1994.

Albert A. Vicchiolla,

Director, Office of Federal Acquisition Policy.

Therefore, it is proposed that 48 CFR parts 19 and 52 be 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 AND SMALL DISADVANTAGED BUSINESS CONCERNS

2. Section 19.704 is amended in paragraph (b) by revising the

second sentence and adding a third 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. 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 clause date to read

``(DATE)''; and revising paragraph (f)(2) of the clause to read as

follows:

52.219-9 Small Business and Small Disadvantaged Business

Subcontracting Plan.

* * * * *

(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. 94-22012 Filed 9-7-94; 8:45 am]

BILLING CODE 6820-34-M