[Federal Register: June 30, 1999 (Volume 64, Number 125)]
[Rules and Regulations]               
[Page 35080]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30jn99-33]                         

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DEPARTMENT OF COMMERCE

48 CFR Part 1352

[Docket No. 981202294-8294-01]
RIN 0605-AA13

 
Solicitation Provisions and Contract Clauses; Women-Owned Small 
Business Sources

AGENCY: Department of Commerce.

ACTION: Final rule.

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SUMMARY: The Department of Commerce (Department) is removing a section 
of the Commerce Acquisition Regulation (CAR) pertaining to the Federal 
Acquisition Regulation (FAR) contract clause ``Small, Small 
Disadvantaged and Women-Owned Small Business Subcontracting Plan.'' The 
FAR contains requirements for where the clause ``Small, Small 
Disadvantaged and Women-Owned Small Business Subcontracting Plan'' is 
required in solicitations and contracts. Since the CAR is intended to 
supplement and implement the FAR without paraphrasing or duplicating 
the FAR language, the Department is removing the section of the CAR 
which duplicates the FAR requirement.

EFFECTIVE DATE: This rule is effective July 30, 1999.

FOR FURTHER INFORMATION CONTACT: Ms. Lisa Jandovitz, 202-482-0202.

SUPPLEMENTARY INFORMATION: The Federal Acquisition Regulations System 
was established for the codification and publication of uniform 
policies and procedures for acquisition by all executive agencies. The 
Federal Acquisition Regulations System consists of the Federal 
Acquisition Regulation (FAR), which is the primary document, and agency 
acquisition regulations that implement the FAR. The Commerce 
Acquisition Regulation (CAR) is codified at 48 CFR chapter 13. The 
solicitation provisions and contract clauses are codified at 48 CFR 
part 1352. The CAR is intended to supplement and implement the FAR 
without paraphrasing or duplicating FAR language. Therefore, section 
1352.219-1 of Title 48 is being removed because it duplicates the FAR 
clause in 48 CFR 52-219-9 as prescribed by 48 CFR 19.708(b). There is 
no change in the solicitation provisions and contract clauses that will 
be used by the Department.

Rulemaking Requirements

    This rule was determined to be ``not significant'' for purposes of 
Executive Order 12866. This rule does not contain a collection of 
information for purposes of the Paperwork Reduction Act. This rule does 
not contain policies with Federalism implications sufficient to warrant 
preparation of a Federalism assessment under Executive Order 12612. The 
Department finds good cause to issue this rule without notice of 
proposal rulemaking and the opportunity for public participation. These 
procedures are unnecessary for this technical amendment to remove 
duplicate language that is codified in the Federal Acquisition 
Regulation (FAR). Retaining the present language could be confusing to 
the public. The rule will have no effect on procurement policy or cost 
or administrative impact on contractors or offerors. Because a notice 
of proposed rulemaking is not required by the Administrative Procedure 
Act (5 U.S.C. 553) or any other law for this rule, the analytical 
requirements of the Regulatory Flexibility Act are not applicable.

List of Subject in 48 CFR Part 1352

    Government contracts, Government procurement.

    For the reasons set forth in the preamble, 48 CFR part 1352 is 
amended to read as follows:

PART 1352--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

    1. The authority citation is revised to read as follows:

    Authority: 41 U.S.C. 418b.


1352.219-1  [Removed]

    2. Remove section 1352.219-1.

    Dated: June 21, 1999.
Christine Makris,
Director, Acquisition Policy and Programs.
[FR Doc. 99-16579 Filed 6-29-99; 8:45 am]
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