[Federal Register: August 29, 2002 (Volume 67, Number 168)]
[Proposed Rules]
[Page 55679-55680]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29au02-26]
[[Page 55679]]
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Part VIII
Department of Defense
General Services Administration
National Aeronautics and Space Administration
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48 Parts 8 and 42
Federal Acquisition Regulation; Past Performance Evaluation of Federal
Prison Industries Contracts; Proposed Rule
[[Page 55680]]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 8 and 42
[FAR Case 2001-035]
RIN 9000-AJ45
Federal Acquisition Regulation; Past Performance Evaluation of
Federal Prison Industries Contracts
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 (Councils) are proposing to amend the
Federal Acquisition Regulation (FAR) to remove the prohibition on
evaluating Federal Prison Industries (FPI) contract performance.
DATES: Interested parties should submit comments in writing on or
before October 28, 2002 to be considered in the formulation of a final
rule.
ADDRESSES: Submit written comments to--General Services Administration,
FAR Secretariat (MVA), 1800 F Street, NW., Room 4035, ATTN: Laurie
Duarte, Washington, DC 20405.
Submit electronic comments via the Internet to--farcase.2001-
035@gsa.gov.
Please submit comments only and cite FAR case 2001-035 in all
correspondence related to this case.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC, 20405, at (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Laura Smith, Procurement Analyst, at (202) 208-7279.
Please cite FAR case 2001-035.
SUPPLEMENTARY INFORMATION:
A. Background
This proposed rule amends FAR Subparts 8.6 and 42.15 to remove the
prohibition on evaluating Federal Prison Industries (FPI) contract
performance. Past performance information is collected for use in
future source selections regarding a contractor's actions under
previously awarded contracts. This change will permit Federal customers
to rate FPI performance, compare FPI to private sector providers, and
give FPI important feedback on previously awarded contracts. It is
expected that this change will give FPI the same opportunity that we
give private sector providers, to improve their customer satisfaction,
in general, and their performance on delivery, prices, and quality,
specifically.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The Councils do not expect this proposed rule 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 extending the collection of past performance data to include
FPI contracts can be accomplished within our normal means of performing
business and further serves to promote competition among offerors. An
Initial Regulatory Flexibility Analysis has, therefore, not been
performed. We invite comments from small businesses and other
interested parties. The Councils will consider comments from small
entities concerning the affected FAR Parts 8 and 42 in accordance with
5 U.S.C. 610. Interested parties must submit such comments separately
and should cite 5 U.S.C. 601, et seq. (FAR case 2001-035), in
correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the proposed
changes to the FAR do not impose information collection requirements
that require the approval of the Office of Management and Budget under
44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 8 and 42
Government procurement.
Dated: August 20, 2002.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 8 and
42 as set forth below:
1. The authority citation for 48 CFR parts 8 and 42 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 8--REQUIRED SOURCES OF SUPPLIES AND SERVICES
2. Add section 8.607 to read as follows:
8.607 Evaluating FPI performance.
Agencies shall evaluate FPI contract performance in accordance with
subpart 42.15.
PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES
42.1502 [Amended]
3. Amend section 42.1502 in paragraph (b) by removing ``Subparts
8.6 and'' and adding ``subpart'' in its place.
[FR Doc. 02-21616 Filed 8-28-02; 8:45 am]
BILLING CODE 6820-EP-P