44804 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations

Dated: August 7, 1997.

Eleanor R. Spector,

Director, Defense Procurement.

Dated: August 7, 1997.

Tom Luedtke,

Deputy Associate Administrator for

Procurement National Aeronautics and Space

Administration.

Dated: August 7, 1997.

Edward C. Loeb,

Acting Deputy Associate Administrator,

Office of Acquisition Policy, General Services

Administration.

[FR Doc. 97–22074 Filed 8–15–97; 1:12 pm]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Part 1

[FAC 97–01; FAR Case 97–006; Item I]

RIN 9000–AH64

Federal Acquisition Regulation;

Business Process Innovation

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on a final rule amending the

Federal Acquisition Regulation (FAR) to

state that contracting officers, in their

role as members of the Government

acquisition team, should take the lead in

encouraging business process

innovations and ensuring that business

decisions are sound. This regulatory

action was not subject to Office of

Management and Budget review under

Executive Order 12866, dated

September 30, 1993, and is not a major

rule under 5 U.S.C. 804.

DATES: Effective October 21, 1997.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405 (202)

501–4755 for information pertaining to

status or publication schedules. For

clarification of content, contact Mr.

Ralph De Stefano, Procurement Analyst,

at (202) 501–1758. Please cite FAC 97–

01, FAR case 97–006.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends FAR 1.102–

4(e) by adding a statement that

contracting officers, in their role as

members of the Government acquisition

team, should take the lead in

encouraging business process

innovations and ensuring that business

decisions are sound.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Pub. L. 98–

577, and publication for public

comment is not required. However,

comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C.

601, et seq. (FAC 97–01, FAR case 97–

006), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the 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 1

Government procurement.

Dated: August 7, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 1 is amended

as set forth below:

PART 1—FEDERAL ACQUISITION

REGULATIONS SYSTEM

1. The authority citation for 48 CFR

Part 1 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 1.102–4 is amended by

adding the following sentence at the end

of paragraph (e):

1.102–4 Role of the acquisition team.

* * * * *

(e) * * * Contracting officers should

take the lead in encouraging business

process innovations and ensuring that

business decisions are sound.

[FR Doc. 97–21486 Filed 8–21–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 1, 9, 14, 19, 22, 33, and

52

[FAC 97–01; FAR Case 96–601; Item II]

RIN 9000–AH31

Federal Acquisition Regulation; FASA

and the Walsh-Healey Public Contracts

Act

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to convert the interim rule

published as Item I of Federal

Acquisition Circular 90–43 on

December 20, 1996, to a final rule

without change. The rule amends the

Federal Acquisition Regulation (FAR) to

eliminate the requirement that covered

contractors under the Walsh-Healey

Public Contracts Act must be either the

manufacturer of or a regular dealer in

the materials, supplies, articles, or

equipment to be manufactured or used

in the performance of the contract. This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993, and is not a

major rule under 5 U.S.C. 804.

DATES: Effective October 21, 1997.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405 (202)

501–4755 for information pertaining to

status or publication schedules. For

clarification of content, contact Mr. Jack

O’Neill, Procurement Analyst, at (202)

501–3856. Please cite FAC 97–01, FAR

case 96–601.

SUPPLEMENTARY INFORMATION:

A. Background

On December 20, 1996 (61 FR 67409),

the DoD, GSA, and NASA published an

interim FAR rule implementing the

Federal Acquisition Streamlining Act of

1994 (Pub. L. 103–355) amendments to

the Walsh-Healey Public Contracts Act.

The interim rule deleted the

‘‘manufacturer’’ or ‘‘regular dealer’’

requirements and all related definitions

from the FAR, consistent with a

Department of Labor final rule issued on