[Federal Register Volume 81, Number 135 (Thursday, July 14, 2016)]
[Rules and Regulations]
[Pages 45854-45855]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-16247]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 8
[FAC 2005-89; FAR Case 2016-008; Item III; Docket No. 2016-0008;
Sequence No 1]
RIN 9000-AN22
Federal Acquisition Regulation; FPI Blanket Waiver Threshold
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the
Federal Acquisition Regulation (FAR) to increase the blanket waiver
threshold for small dollar-value purchases from Federal Prison
Industries (FPI) by Federal agencies.
[[Page 45855]]
DATES: Effective: August 15, 2016.
FOR FURTHER INFORMATION CONTACT: Ms. Mahruba Uddowla, Procurement
Analyst, at (703) 605-2868, for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-
89, FAR Case 2016-008.
SUPPLEMENTARY INFORMATION:
I. Background
Federal Prison Industries, Inc. (FPI), also known by its trade
name, UNICOR, is governed by a six-member Board of Directors. The
members are appointed by the President and, by statute, represent
industry, labor, retailers and consumers, agriculture, the Secretary of
Defense, and the Attorney General. On March 3, 2016, FPI's Board of
Directors adopted a resolution increasing the blanket waiver threshold
for small dollar-value purchases from FPI by Federal agencies from
$3,000 to $3,500. The increase coincides with the increase in the
micro-purchase threshold. This final rule amends the FAR to reflect the
threshold increase from $3,000 to $3,500. No waiver is required to buy
from an alternative source below $3,500. Customers may, however, still
purchase from FPI at, or below, this threshold, if they so choose.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations,'' 41 U.S.C. 1707, is the
statute that applies to the publication of the FAR. Paragraph (a)(1) of
the statute requires that a procurement policy, regulation, procedure,
or form (including an amendment or modification thereof) must be
published for public comment if it relates to the expenditure of
appropriated funds, and has either a significant effect beyond the
internal operating procedures of the agency issuing the policy,
regulation, procedure, or form, or has a significant cost or
administrative impact on contractors or offerors. This final rule is
not required to be published for public comment, because it only
updates the threshold, consistent with the inflationary adjustment to
the micro-purchase threshold, in order to conform to the decision made
by the FPI Board of Directors. Additionally, this final rule is
expected to be of benefit to industry because it makes available
certain procurements to which industry did not previously have access,
i.e., listed items totaling $3,000.01 to $3,500.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This final rule is not a major
rule under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision within
the meaning of FAR 1.501-1 and 41 U.S.C. 1707 does not require
publication for public comment.
V. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 8
Government procurement.
Dated: June 30, 2016.
William Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR part 8 as set forth
below:
PART 8--REQUIRED SOURCES OF SUPPLIES AND SERVICE
0
1. The authority citation for 48 CFR part 8 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
8.605 [Amended]
0
2. Amend section 8.605 by removing from paragraph (e) ``$3,000'' and
adding ``$3,500'' in its place.
[FR Doc. 2016-16247 Filed 7-13-16; 8:45 am]
BILLING CODE 6820-EP-P