Federal Acquisition Regulation; Commercially Available Government-Furnished Material

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 45

[FAR Case 91-111]

Federal Acquisition Regulation; Commercially Available

Government-Furnished Material

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 (CAAC) and the Defense

Acquisition Regulations Council (DARC) are proposing changes to the

Federal Acquisition Regulation (FAR) to require contractors to provide

all material for performing Government contracts, except when

Government-furnished material is necessary to achieve significant

economy, standardization, or expedited production, or when it is

otherwise in the Government's interest. Also, material to be furnished

by the Government shall be listed in the contract. This regulatory

action was not subject to Office of Management and Budget review

pursuant to Executive Order No. 12866 dated September 30, 1993.

DATES: Comments should be submitted on or before November 1, 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 91-

111 in all correspondence related to this case.

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 FAR case 91-

111.

SUPPLEMENTARY INFORMATION:

A. Regulatory Flexibility Act

, Washington, DC 20405. Please cite FAR case 91-

111 in all correspondence related to this case.

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 FAR case 91-

111.

SUPPLEMENTARY INFORMATION:

A. Regulatory Flexibility Act

The 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 only a

small amount of all Government-furnished material by acquisition cost

is accountable to contracts with small business and other interested

parties. 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 5

U.S.C. 610. Such comments must be submitted separately and should cite

5 U.S.C. 601, et seq. (FAR case 91-111), in correspondence.

B. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the proposed

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.

List of Subjects in 48 CFR Part 45

Government procurement.

Dated: August 24, 1994.

Albert A. Vicchiolla,

Director, Office of Federal Acquisition Policy.

Therefore, it is proposed that 48 CFR part 45 be amended as set

forth below:

PART 45--GOVERNMENT PROPERTY

1. The authority citation for 48 CFR part 45 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 45.303-1 is revised to read as follows:

Sec. 45.303-1 Policy.

icchiolla,

Director, Office of Federal Acquisition Policy.

Therefore, it is proposed that 48 CFR part 45 be amended as set

forth below:

PART 45--GOVERNMENT PROPERTY

1. The authority citation for 48 CFR part 45 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 45.303-1 is revised to read as follows:

Sec. 45.303-1 Policy.

Contractors shall provide all material, especially general purpose,

off-the-shelf commercial property for performing Government contracts,

except when Government-furnished material is necessary to achieve

significant economy, standardization, or expedited production, or when

it is otherwise in the Government's interest. Material to be furnished

by the Government shall be listed in the contract.

[FR Doc. 94-21513 Filed 9-1-94; 8:45 am]

BILLING CODE 6820-34-M