13074 Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations

B. Regulatory Flexibility Act

The interim rule may 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 the rule restricts agencies from

soliciting offers from, awarding

contracts to, or consenting to

subcontracts with institutions of higher

education which are determined to have

a policy of denying, or effectively

preventing, the Secretary of Defense

from obtaining for military recruiting

purposes entry to campuses, access to

students on campuses, or access to

directory information pertaining to

students. In addition, the interim rule

requires that departments and agencies

shall make no further payments under

existing contracts and shall initiate

termination action if institutions are

determined to have such a policy. A

copy of the Initial Regulatory Flexibility

Analysis has been submitted to the

Chief Counsel for Advocacy of the Small

Business Administration. A copy of the

Initial Regulatory Flexibility Analysis

may be obtained from Ms. Linda

Holcombe, Defense Acquisition

Regulations Council, 3062 Defense

Pentagon, Washington, D.C. Comments

are invited. Comments from small

entities concerning the affected DFARS

subparts will be considered in

accordance with Section 610 of the Act.

Such comments must be submitted

separately and cite DFARS Case 94–

D310 in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the interim rule does

not impose reporting or recordkeeping

requirements which require the

approval of OMB under 44 U.S.C. 3501,

et seq.

List of Subjects in 48 CFR Parts 209 and

252

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR Parts 209 and 252

are amended as follows:

1. The authority citation for 48 CFR

parts 209 and 252 continues to read as

follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 209—CONTRACTOR

QUALIFICATIONS

2. Subpart 209.4 is amended to add

Sections 209.470, 209.470–1, 209.470–2,

and 209.470–3 as follows:

Subpart 209.4—Debarment,

Suspension, and Ineligibility

* * * * *

209.470 Military recruiting on campus.

209.470–1 Policy.

(a) Section 558 of the National

Defense Authorization Act for Fiscal

Year 1995 (Pub. L. 103–337), provides

that no funds available to the

Department of Defense may be provided

by grant or contract to any institution of

higher education that either—

(1) Has a policy of denying—

(i) Entry to campuses or access to

students on campus; or

(ii) Access to directory information

pertaining to students; or

(2) Effectively prevents the Secretary

of Defense from obtaining for military

recruiting purposes—

(i) Entry to campuses or access to

students on campus; or

(ii) Access to directory information

pertaining to students.

(b) Institutions of higher education

that are determined under the

procedures prescribed by the Secretary

of Defense to have the policy or practice

in paragraph (a) of this subsection shall

be listed as ineligible on the list of

Parties Excluded From Federal

Procurement Programs published by the

General Services Administration (GSA).

(See FAR 9.404).

209.470–2 Procedures.

(a) Agencies shall not solicit offers

from, award contracts to, or consent to

subcontracts with ineligible contractors.

(b) After a determination of

ineligibility, departments and agencies

shall make no further payments under

existing contracts with the institutions,

and shall initiate termination action.

209.470–3 Contract clause.

Use the clause at 252.209–7007,

Military Recruiting on Campus, in all

solicitations and contracts with

institutions of higher education.

PART 252—SOLICITATION

PROVISIONS AND CONTRACT

CLAUSES

3. Section 252.209–7007 is added to

read as follows:

252.209–7007 Military Recruiting on

Campus

As prescribed in 209.470–3, use the

following clause:

Military Recruiting on Campus (Mar 1995)

(a) Definitions. ‘‘Directory information,’’ as

used in this clause, means, with respect to a

student, the student’s name, address,

telephone listing, date and place of birth,

level of education, degrees received, and the

most recent previous educational institution

enrolled in by the student. Students are

individuals who are 17 years of age or older.

(b) General. An institution of higher

education that has been determined, using

procedures established by the Secretary of

Defense to implement section 558 of Pub. L.

103–337 (1994): (1) To have a policy of

denying, or (2) to prevent effectively the

Secretary of Defense from obtaining for

military recruiting purposes entry to their

campuses, access to students on campuses, or

access to directory information pertaining to

students, access to students on campuses, is

ineligible for contract award and payments

under existing contracts. In addition, the

Government shall terminate this contract for

the contractor’s material failure to comply

with the terms and conditions of award.

(c) Agreement. The contractor represents

that it does not now have and agrees that

during performance of this contract it will

not adopt a policy of denying, and that it

does not, is not, and will not during

performance of the contract, effectively

prevent the Secretary of Defense from

obtaining for military recruiting purposes

entry to campuses, access to students on

campuses, or access to directory information

pertaining to students.

(End of clause)

[FR Doc. 95–5958 Filed 3–9–95; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Part 219

Defense Federal Acquisition

Regulation Supplement;

Subcontracting Plans

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comment.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to extend the authority

through September 30, 1997, for

contractors to claim credit towards their

small business subcontracting goals for

subcontracts with qualified nonprofit

agencies for the blind and severely

disabled.

DATES: Effective date: February 27, 1995.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before May 9, 1995, to be considered

in the formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

LTC Edward C. King Jr,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington, DC

20301–3062. Telefax number (703) 602–

0350. Please cite DFARS Case 94–D312

in all correspondence related to this

issue.
Federal Register / Vol. 60, No. 47 / Friday, March 10, 1995 / Rules and Regulations 13075

FOR FURTHER INFORMATION CONTACT:

LTC Edward C. King Jr, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 804 of the Fiscal Year 1995

Defense Authorization Act (Pub. L. 103–

337) extends the authority through

September 30, 1997, for contractors to

claim credit towards their small

business subcontracting goals for

subcontracts with qualified nonprofit

agencies for the blind and severely

disabled. DFARS Subpart 219.7 is

amended to permit contractors to

receive credit when awarding

subcontracts to such entities.

B. Regulatory Flexibility Act

The interim 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 the rule only applies to large

business concerns. 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 subpart

will be considered in accordance with

Section 610 of the Act. Such comments

must be submitted separately and cite

DFARS Case 94–D312 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act

applies. Information collection

requirements imposed by this rule were

cleared under OMB control number

9000–0007 for Standard Form 295,

Summary Subcontract Report.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

to issue this rule as an interim rule.

Compelling reasons exist to promulgate

this rule as an interim rule as it is

necessary to authorize prime contractors

to receive credit toward their

subcontracting goals as permitted by

Section 804 of Pub. L. 103–337.

However, comments received in

response to this interim rule will be

considered in formulating the final rule.

List of Subjects in 48 CFR Part 219

Government procurement.

Claudia L. Naugle,

Deputy Director, Defense Acquisition

Regulations Council.

Therefore, 48 CFR part 219 is

amended as follows:

1. The authority citation for 48 CFR

part 219 continues to read as follows:

Authority: 41 U.S.C. 421 and 48 CFR

Chapter 1.

PART 219—SMALL BUSINESS AND

SMALL DISADVANTAGED BUSINESS

CONCERNS

2. Section 219.703 is amended by

revising paragraph (a) introductory text

to read as follows:

219.703 Eligibility requirements for

participating in the program.

(a) Qualified nonprofit agencies for

the blind and other severely disabled,

that have been approved by the

Commission for Purchase from People

Who Are blind or Severely Disabled

under the Javits-Wagner-O’Day Act (41

U.S.C. 46–48), are eligible as a result of

Section 9077 of Pub. L. 102–396, and

subsequent Appropriations Acts, and

Sections 808 of Pub. L. 102–484 and 804

of Pub. L. 103–377 through September

30, 1997, to participate in the program.

Under this authority, subcontracts

awarded to such entities may be

counted toward the prime contractor’s

small business subcontracting goal

through fiscal year 1997.

* * * * *

[FR Doc. 95–5959 Filed 3–9–95; 8:45 am]

BILLING CODE 5000–04–M

48 CFR Parts 223 and 252

Defense Federal Acquisition

Regulation Supplement; Hazardous

Materials

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for

comments.

SUMMARY: The Director of Defense

Procurement has issued an interim rule

amending the Defense Federal

Acquisition Regulation Supplement

(DFARS) to add an exception to the

statutory prohibition on storage and

disposal of non-DoD-owned toxic and

hazardous materials at military

installations.

DATES: Effective Date: March 6, 1995.

Comment date: Comments on the

interim rule should be submitted in

writing to the address shown below on

or before May 9, 1995, to be considered

in the formulation of the final rule.

ADDRESSES: Interested parties should

submit written comments to: Defense

Acquisition Regulations Council, Attn:

LTC Edward C. King Jr.,

PDUSD(A&T)DP(DAR), IMD 3D139,

3062 Defense Pentagon, Washington,

D.C. 20301–3062. Telefax number (703)

602–0350. Please cite DFARS Case 94–

D309 in all correspondence related to

this issue.

FOR FURTHER INFORMATION CONTACT:

LTC Edward C. King Jr, (703) 602–0131.

SUPPLEMENTARY INFORMATION:

A. Background

Section 325 of the Fiscal Year 1995

Defense Authorization Act (Pub. L. 103–

337) amends 10 U.S.C. 2692 to add an

exception to the prohibition on storage

and disposal of non-DoD-owned toxic

and hazardous materials at military

installations. DFARS Subpart 223.71

and the clause at 252.223–7006 are

amended to add the exception in all

solicitations and contracts which

require, may require, or permit

contractor performance on a DoD

installation.

B. Regulatory Flexibility Act

The interim 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 of the limited applicability of

the rule to industrial-type facilities

located on military installations. An

initial regulatory flexibility analysis has

therefore not been performed.

Comments from small entities

concerning the affected subpart and

clause will be considered in accordance

with Section 610 of the Act. Such

comments must be submitted separately

and cite DFARS Case 94–D309 in

correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any information collection

requirements which require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

D. Determination to Issue an Interim

Rule

A determination has been made under

the authority of the Secretary of Defense

to issue this rule as an interim rule.

Compelling reasons exist to promulgate

this rule as an interim rule without prior

opportunity for public comments

because it is necessary to add the

exception authorized by Section 325 of

Pub. L. 103–337. However, comments

received in response to this interim rule

will be considered in formulating the

final rule.