31642 Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations

10SIC code 8731: For research and development contracts requiring the delivery of a manufactured product, the appropriate size standard is

that of the manufacturing industry.

(1) Research and Development means laboratory or other physical research and development. It does not include economic, educational, engineering, operations, systems, or other nonphysical research; or computer programming, data processing, commercial and/or medical laboratory

testing.

(2) For purposes of the Small Business Innovation Research (SBIR) program only, a different definition has been established by law. See

121.701 of these regulations.

(3) Research and development for guided missiles and space vehicles includes evaluations and simulation, and other services requiring thorough knowledge of complete missiles and spacecraft. 11Facilities Management, a component of SIC code 8744, includes establishments, not elsewhere classified, which provide overall management and the personnel to perform a variety of related support services in operating a complete facility in or around a specific building, or within

another business or Government establishment. Facilities management means furnishing three or more personnel supply services which may include, but are not limited to, secretarial services, typists, telephone answering, reproduction or mimeograph service, mailing service, financial or

business management, public relations, conference planning, travel arrangements, word processing, maintaining files and/or libraries, switchboard operation, writers, bookkeeping, minor office equipment maintenance and repair, or use of information systems (not programming). 12SIC code 8744: (1) If one of the activities of base maintenance, as defined below, can be identified with a separate industry and that activity

(or industry) accounts for 50 percent or more of the value of an entire contract, then the proper size standard is that of the particular industry,

and not the base maintenance size standard.

(2) ‘‘Base Maintenance’’ requires the performance of three or more separate activities in the areas of service or special trade construction industries. If services are performed, these activities must each be in a separate SIC code including, but not limited to, Janitorial and Custodial

Service, Fire Prevention Service, Messenger Service, Commissary Service, Protective Guard Service, and Grounds Maintenance and Landscaping Service. If the contract requires the use of special trade contractors (plumbing, painting, plastering, carpentry, etc.), all such special trade

construction activities are considered a single activity and classified as Base Housing Maintenance. Since Base Housing Maintenance is only

one activity, two additional activities are required for a contract to be classified as ‘‘Base Maintenance.’’ 13SIC code 8744: (1) For SBA assistance as a small business concern in the industry of Environmental Remediation Services, other than for

Government procurement, a concern must be engaged primarily in furnishing a range of services for the remediation of a contaminated environment to an acceptable condition including, but not limited to, preliminary assessment, site inspection, testing, remedial investigation, feasibility

studies, remedial design, containment, remedial action, removal of contaminated materials, storage of contaminated materials and security and

site closeouts. If one of such activities accounts for 50 percent or more of a concern’s total revenues, employees, or other related factors, the

concern’s primary industry is that of the particular industry and not the Environmental Remediation Services Industry.

(2) For purposes of classifying a Government procurement as Environmental Remediation Services, the general purpose of the procurement

must be to restore a contaminated environment and also the procurement must be composed of activities in three or more separate industries

with separate SIC codes or, in some instances (e.g., engineering), smaller sub-components of SIC codes with separate, distinct size standards.

These activities may include, but are not limited to, separate activities in industries such as: Heavy Construction; Special Trade Construction; Engineering Services; Architectural Services; Management Services; Refuse Systems; Sanitary Services, Not Elsewhere Classified; Local Trucking

Without Storage; Testing Laboratories; and Commercial, Physical and Biological Research. If any activity in the procurement can be identified

with a separate SIC code, or component of a code with a separate distinct size standard, and that industry accounts for 50 percent or more of

the value of the entire procurement, then the proper size standard is the one for that particular industry, and not the Environmental Remediation

Service size standard.

[FR Doc. 96–14523 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 19 and 52

[FAC 90–39; FAR Case 92–039; Item IX]

RIN 9000–AG07

Federal Acquisition Regulation; Master

Subcontracting Plans

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

permit master subcontracting plans to

be written for a three-year period and to

emphasize that it is incumbent upon

contractors to maintain and update

master plans. 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–

039.

SUPPLEMENTARY INFORMATION:

A. Background

A proposed rule was published in the

Federal Register on September 8, 1994

(59 FR 46385). The proposed rule

amended FAR 19.704(b) and 52.219–9

to permit master subcontracting plans to

be written for a three-year period with

contractors making changes/updates to

master subcontracting plans as

necessary. After evaluating public

comments, the Councils have agreed to

add language at FAR 19.704(b) stating

that changes required to update master

subcontracting plans are not effective

until approved by the contracting

officer.

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 small

businesses are exempt from

subcontracting plan requirements, and

the rule does not change the contractor’s

obligation to maximize subcontracting

opportunities for small business

concerns. 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 of 1995

(Public Law 104–13) is deemed to apply

because the final rule contains

information collection requirements.

This final rule will result in an

estimated reduction in the number of

subcontract plans per year and

associated hours. Consequently, a

revised clearance for OMB Control

Number 9000–0006 was submitted to

OMB. The revised clearance has been

approved through October 31, 1997.

OMB Control Number 9000–0006 has

recently been further revised by FAR

case 94–780, and approval has been

extended through March 31, 1998.

List of Subjects in 48 CFR Parts 19 and

52

Government procurement.

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Parts 19 and 52 are

amended as set forth below:
Federal Register / Vol. 61, No. 120 / Thursday, June 20, 1996 / Rules and Regulations 31643

1. The authority citation for 48 CFR

Parts 19 and 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).

PART 19—SMALL BUSINESS

PROGRAMS

2. Section 19.704 is amended in

paragraph (b) by revising the second

sentence and adding a third and fourth

sentence to read as follows:

19.704 Subcontracting plan requirements.

* * * * *

(b) * * * Master plans shall be

effective for a 3-year period after

approval by the contracting officer;

however, it is incumbent upon

contractors to maintain and update

master plans. Changes required to

update master plans are not effective

until approved by the contracting

officer. A master plan, when

incorporated in an individual plan,

shall apply to that contract throughout

the life of the contract.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

3. Section 52.219–9 is amended by

revising the date of the clause to read

‘‘(AUG 1996)’’; in paragraph (f)

introductory text by removing ‘‘(d)

above,’’ and inserting ‘‘paragraph (d) of

this clause,’’ in its place; and revising

paragraph (f)(2) of the clause to read as

follows:

52.219–9 Small, Small Disadvantaged and

Women-Owned Small Business

Subcontracting Plan.

* * * * *

Small, Small Disadvantaged and WomenOwned Small Business Subcontracting Plan

(Aug 1996)

* * * * *

(f) * * *

(2) the offeror ensures that the master plan

is updated as necessary and provides copies

of the approved master plan, including

evidence of its approval, to the Contracting

Officer, and

* * * * *

[FR Doc. 96–14524 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Part 19

[FAC 90–39; FAR Case 92–302; Item X]

RIN 9000–AG10

Federal Acquisition Regulation; Small

Business Competitiveness

Demonstration Program

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 finalize without change the

interim rule which was published at 59

FR 67036, December 28, 1994 (FAC 90–

23, Item XIII), amending the Federal

Acquisition Regulation (FAR) Part 19 to

(1) extend the Small Business

Competitiveness Demonstration

Program through September 30, 1996;

(2) specify that agencies may reinstate

the use of small business set-asides as

necessary to meet assigned goals, but

only within the organizational unit(s)

that failed to meet the small business

goals; and (3) revise the description of

Architectual and Engineering services as

a designated industry group. 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: June 20, 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–

302.

SUPPLEMENTARY INFORMATION:

A. Background

This rule finalizes the interim rule,

which implements Title II of Public Law

102–366, the Small Business Credit and

Business Opportunity Enhancement Act

of 1992, which revised Title VII of

Public Law 100–656, Small Business

Competitiveness Demonstration

Program. The Office of Federal

Procurement Policy published an

interim policy directive in the Federal

Register at 58 FR 19849, April 16, 1993,

revising the current directive dated

August 31, 1989, to include revisions

based on Title II.

On December 28, 1994, the interim

rule was published in the Federal

Register with a request for comment.

Two responses were received. No

changes were made to the interim rule

as a result of the responses. The interim

rule has been adopted as a final rule

without change.

B. Regulatory Flexibility Act

The final rule implements statutory

revisions included in the revisions to

the OFPP policy directive. OFPP

prepared the appropriate regulatory

flexibility statements as part of the

revisions to the OFPP policy directive

published in the Federal Register.

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 19

Government procurement.

Interim Rule Adopted as Final Without

Change

Accordingly, the interim rule

amending 48 CFR Part 19, which was

published at 59 FR 67036, December 28,

1994 (FAC 90–23, Item XIII), is adopted

as a final rule without change.

The authority citation for 48 CFR Part

19 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).

Dated: June 4, 1996.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

[FR Doc. 96–14525 Filed 6–19–96; 8:45 am]

BILLING CODE 6820–EP–P

48 CFR Parts 22 and 52

[FAC 90–39; FAR Case 93–615; Item XI]

RIN 9000–AG02

Federal Acquisition Regulation; Use of

Convict Labor

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

reflect changes in the statutory

restrictions on employment of convict

labor in the performance of Government

contracts. 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,