# Federal Acquisition Regulation; Procurement Integrity (Ethics) > Briefs, arguments, decisions, and more. URL: https://www.frixlaw.com/law-library/documents/fr%3A94-29423 ## Record - **Collection:** Federal Register - **Document type:** Uncategorized Document - **Published:** December 1, 1994 ## Text DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 3 and 52 [FAR Case 94-804] Federal Acquisition Regulation; Procurement Integrity (Ethics) AGENCIES: Department of Defense (DOD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule. ----------------------------------------------------------------------- SUMMARY: This proposed rule is issued pursuant to the Federal Acquisition Streamlining Act of 1994, Public Law 103-355 (the Act). The FAR Council is considering implementing Section 8301(e) of the Act by excluding procurements of commercial items from certain certification requirements. This regulatory action was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. DATES: Comments should be submitted on or before January 30, 1995 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 94-804 in all correspondence related to this case. 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 FAR case 94-804. SUPPLEMENTARY INFORMATION: A. Background The Federal Acquisition Streamlining Act of 1994, Public Law 103- 355, provides authorities that streamline the acquisition process and minimize burdensome government-unique requirements. Major changes that can be expected 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 Network. FAR case 94-804 originated because Section 8301(e) excludes procurements of commercial items from the certification requirement of the Procurement Integrity Act (PIA) which requires that contractor employees certify familiarity with the PIA and will report violations of the PIA. This exclusion will be reflected in the addition of language to FAR 3.104-9(b)(1)(iii) and 3.104(f), and in amendment to the certificates found at 52.203-8 and 52.203-9.- The FAR Council is interested in an exchange of ideas and opinions with respect to the regulatory implementation of the Act. For that reason, the FAR Council is conducting a series of public meetings. However, the FAR Council has not scheduled a public meeting on this rule (FAR case 94-804) because of the clarity and non-controversial nature of the rule. If the public believes such a meeting is needed with respect to this rule, a letter requesting a public meeting and outlining the nature of the requested meeting shall be submitted to and received by the FAR Secretariat (see ADDRESSES caption) on or before January 3, 1995. The FAR Council will consider such requests in determining whether a public meeting on this rule should be scheduled. B. Regulatory Flexibility Act The proposed rule is not expected to have significant adverse 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 the exclusion will have a beneficial impact on small entities as the paperwork burden is reduced. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. Comments are invited from small businesses and other interested parties. Comments from small entities concerning the affected FAR subpart will also be considered in accordance with Section 610 of the Act. Such comments must be submitted separately and cite FAR case 94-804 in correspondence. C. Paperwork Reduction Act The proposed changes do not impose increased record keeping or information collection requirements on members of the public under the Paperwork Reduction Act which would require the approval of OMB under 44 U.S.C. 3501, et seq. This proposed rule reduces paperwork burden by excluding commercial products from certain certification requirements of the Procurement Integrity Act. List of Subjects in 48 CFR Parts 3 and 52 Government procurement. Dated: November 23, 1994. Edward C. Loeb, Deputy Project Manager for the Implementation of the Federal Acquisition Streamlining Act of 1994. -Therefore, it is proposed that 48 CFR Parts 3 and 52 be amended as set forth below:- PART 3--IMPROPER BUSINESS PRACTICES AND PERSONAL CONFLICTS OF INTEREST- 1. The authority citation for 48 CFR Parts 3 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). 2. Section 3.104-9 is amended-- In paragraph (b)(1)(iii) by removing the word ``Certify'' and inserting in its place ``Except in the case of a contract for the procurement of commercial items, certify''; --In paragraph (f) by redesignating the introductory text as ``(f)(1)''; redesignating (f)(1) and (f)(2) as ``(f)(1)(i) and (ii)''; by redesignating ``(f)(1)(i) through (iv)'' as ``(f)(1)(ii)(A) through (D)''; and by adding paragraph (f)(2) to read as follows: 3.104-9 Certification requirements. * * * * *- (f)(1) * * * (2) The certification required by subsection 27(e)(1)(B) is not required in contracts for the procurement of commercial items or modifications to such contracts. PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES- 3. Section 52.203-8 is amended in the introductory text of paragraph (b) by removing the colon and inserting a period in its place; and adding a new sentence to read as follows: 52.203-8 Requirement for Certificate of Procurement Integrity. * * * * *- (b) * * * The certification in paragraph (b)(2) is not required for a procurement of commercial items. * * * * *- 4. Section 52.203-9 is amended in the introductory text of paragraph (c) by removing the colon and inserting a period in its place; and adding a new sentence to read as follows: 52.203-9 Requirement for Certificate of Procurement Integrity-- Modification. * * * * *- (c) * * * The certification in paragraph (c)(2) is not required for modifications to contracts for the procurement of commercial items. * * * * * [FR Doc. 94-29423 Filed 11-30-94; 8:45 am] BILLING CODE 6820-34-P --- Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/fr%3A94-29423. Public record. Not legal advice.