31662 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

B. Regulatory Flexibility Act

The Department of Defense, the

General Services Administration, and

the National Aeronautics and Space

Administration certify that this final

rule will not 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

revision merely provides uniform

definitions for existing FAR terms. No

comments were received on the impact

of this rule on small entities during the

public comment period.

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 46

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 46 is amended

as set forth below:

PART 46—QUALITY ASSURANCE

1. The authority citation for 48 CFR

Part 46 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 46.101 is amended by

adding in alphabetical order the

definitions ‘‘Latent defect’’ and ‘‘Patent

defect’’ to read as follows:

46.101 Definitions.

* * * * *

Latent defect means a defect which

exists at the time of acceptance but

cannot be discovered by a reasonable

inspection.

* * * * *

Patent defect means any defect which

exists at the time of acceptance and is

not a latent defect.

* * * * *

[FR Doc. 96–14542 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 46

[FAC 90–39; FAR Case 92–027; Item XXVIII]

RIN 9000–AF80

Federal Acquisition Regulation;

Quality Assurance Nonconformances

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 to amend the

Federal Acquisition Regulation (FAR) to

provide standardized definitions of the

terms ‘‘critical nonconformance,’’

‘‘major nonconformance,’’ and ‘‘minor

nonconformance,’’ and make other

conforming amendments as a result of

recommendations made by the

Department of Defense Inspector

General. 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.

EFFECTIVE DATE: August 19, 1996.

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 FAC 90–39, FAR case 92–

027.

SUPPLEMENTARY INFORMATION:

A. Background

On September 27, 1990, the

Department of Defense Inspector

General (DoDIG) issued Audit Report

90–113, Nonconforming Products

Procured by the Defense Industrial

Supply Center. The report included

recommendations that the DoD should

use standardized terminology for a

nonconformance, and that the DoD

definition of a nonconformance should

be in agreement with the FAR. On

March 28, 1994 (59 FR 14466), the

Civilian Agency Acquisition Council

and the Defense Acquisition Regulations

Council published a proposed rule

implementing the DoDIG’s

recommendation.

As a result of evaluating the

comments received, changes were made

to the proposed rule. The changes

included deleting the words ‘‘judgment

and experience indicate’’ from the

definition of ‘‘critical nonconformance;’’

and adding the words ‘‘of the supplies

or services,’’ to the definition of ‘‘major

nonconformance’’ after the word

‘‘failure.’’

B. Regulatory Flexibility Act

The Department of Defense, the

General Services Administration, and

the National Aeronautics and Space

Administration certify that this final

rule will not 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 merely provides standard

terminology and definitions and

guidance to contracting officers

pertaining to nonconforming supplies

and services. No comments were

received on the impact of this rule on

small entities during the public

comment period.

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 46

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 46 is amended

as set forth below:

PART 46—QUALITY ASSURANCE

1. The authority citation for 48 CFR

Part 46 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 46.101 is amended by

adding in alphabetical order the

definitions ‘‘Critical nonconformance’’,

‘‘Major nonconformance’’, and ‘‘Minor

nonconformance’’ to read as follows:

46.101 Definitions.

* * * * *

Critical nonconformance means a

nonconformance that is likely to result

in hazardous or unsafe conditions for

individuals using, maintaining, or

depending upon the supplies or

services; or is likely to prevent

performance of a vital agency mission.

* * * * *

Major nonconformance means a

nonconformance, other than critical,

that is likely to result in failure of the

supplies or services, or to materially

reduce the usability of the supplies or

services for their intended purpose.
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31663

Minor nonconformance means a

nonconformance that is not likely to

materially reduce the usability of the

supplies or services for their intended

purpose, or is a departure from

established standards having little

bearing on the effective use or operation

of the supplies or services.

* * * * *

3. Section 46.103 is amended at the

end of paragraph (c) by removing ‘‘and’’;

in paragraph (d) by removing the period

and inserting ‘‘; and’’; and by adding

paragraph (e) to read as follows:

46.103 Contracting office responsibilities.

* * * * *

(e) Ensuring that nonconformances

are identified, and establishing the

significance of a nonconformance when

considering the acceptability of supplies

or services which do not meet contract

requirements.

4. Section 46.407 is amended by

revising the first sentence of paragraph

(c)(1) introductory text, and in the third

sentence by removing the comma after

the word ‘‘determination’’; revising

paragraph (d); and revising the first

sentence of paragraph (f) to read as

follows:

46.407 Nonconforming supplies or

services.

* * * * *

(c)(1) In situations not covered by

paragraph (b) of this section, the

contracting officer shall ordinarily reject

supplies or services when the

nonconformance is critical or major.

* * *

* * * * *

(d) If the nonconformance is minor,

the cognizant contract administration

office may make the determination to

accept or reject, except where this

authority is withheld by the contracting

office of the contracting activity. To

assist in making this determination, the

contract administration office may

establish a joint contractor-contract

administrative office review group.

Acceptance of supplies and services

with critical or major nonconformances

is outside the scope of the review group.

* * * * *

(f) Each contract under which

supplies or services with critical or

major nonconformances are accepted as

authorized in paragraph (c) of this

section shall be modified to provide for

an equitable price reduction or other

consideration. * * *

* * * * *

[FR Doc. 96–14543 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 52

[FAC 90–39; FAR Case 95–603; Item XXIX]

RIN 9000–AG98

Federal Acquisition Regulation;

Solicitation Provisions—Contract

Clauses

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 to amend a

Federal Acquisition Regulation (FAR)

provision to delete the statement

advising offerors to obtain copies of

specifications from General Services

Administration Business Service

Centers. The substance of the provision

is not changed. Specifications are no

longer available at the Business Service

Centers. 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.

EFFECTIVE DATE: August 19, 1996.

FOR FURTHER INFORMATION CONTACT: Mr.

Jack O’Neill at (202) 501–3856 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 FAC 90–39, FAR case 95–

603.

SUPPLEMENTARY INFORMATION:

A. Background

This final rule amends the provision

at FAR 52.211–1 to delete the statement

that copies of specifications may be

obtained from the General Services

Administration Business Service

Centers in Boston, New York,

Philadelphia, Atlanta, Kansas City, and

Fort Worth. Copies of specifications are

no longer available at the Business

Service Centers.

B. Regulatory Flexibility Act

The final rule does not constitute a

significant FAR revision within the

meaning of FAR 1.501 and Public Law

98–577, and publication for public

comments is not required. Therefore,

the Regulatory Flexibility Act does not

apply. 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 90–

39, FAR case 95–603), 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 52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 52 is amended

as set forth below:

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

1. The authority citation for 48 CFR

Part 52 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).

52.211–1 [Amended]

2. Section 52.211–1 is amended in the

introductory paragraph by revising

‘‘11.203(a)’’ to read ‘‘11.204(a)’’; revising

the date of the provision to read ‘‘(AUG

1996)’’; and in the first sentence of

paragraph (a) of the provision by

removing ‘‘, or from any of the General

Services Administration Business

Service Centers which are located in

Boston, MA; New York, NY;

Philadelphia, PA; Atlanta, GA; Kansas

City, MO; and Fort Worth, TX.’’ and

replacing it with a period.

52.211–2 and 52.211–3 [Amended]

3. Section 52.211–2 is amended in the

introductory paragraph by revising

‘‘11.203(b)’’ to read ‘‘11.204(b)’’.

4. Section 52.211–3 is amended in the

introductory paragraph by revising

‘‘11.203(c)’’ to read ‘‘11.204(c)’’.

[FR Doc. 96–14544 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 52

[FAC 90–39; FAR Case 91–031; Item XXX]

RIN 9000–AE41

Federal Acquisition Regulation;

Contract Award—Sealed Bidding—

Construction

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).