# Federal Acquisition Regulation; Master Subcontracting Plans > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-22012 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** September 8, 1994 ## Text 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. ----------------------------------------------------------------------- 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 --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-22012. Public record. Not legal advice.