oversight

Department of Defense, General Services Administration, and National Aeronautics and Space Administration: Federal Acquisition Regulation--Reform of Affirmative Action in Federal Procurement

Published by the Government Accountability Office on 1999-07-29.

Below is a raw (and likely hideous) rendition of the original report. (PDF)

United States General Accounting Office                              Office of the General Counsel
Washington, DC 20548



          B-283237



          July 29, 1999

          The Honorable Fred Thompson
          Chairman
          The Honorable Joseph I. Lieberman
          Ranking Minority Member
          Committee on Governmental Affairs
          United States Senate

          The Honorable Dan Burton
          Chairman
          The Honorable Henry A. Waxman
          Ranking Minority Member
          Committee on Government Reform
          House of Representatives

          Subject: Department of Defense, General Services Administration, and National
                   Aeronautics and Space Administration: Federal Acquisition Regulation;
                   Reform of Affirmative Action in Federal Procurement

          Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a
          major rule promulgated by Department of Defense, General Services Administration,
          and National Aeronautics and Space Administration, entitled “Federal Acquisition
          Regulation; Reform of Affirmative Action in Federal Procurement” (RIN: 9000-AH59).
          We received the rule on July 16, 1999. It was published in the Federal Register as a
          final rule on July 2, 1999. 64 Fed. Reg. 36222.

          The rule adopts as final the interim rules that were the subject of our major rule
          report issued on July 16, 1998. (B-280535; B-280536, GAO/OGC-98-64) The interim
          rules reformed affirmative action in federal procurement to ensure compliance with
          the constitutional standards established by the Supreme Court in Adarand
          Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995).

          The only significant change in the interim rules involves the provision allowing
          contractors acting in good faith to rely upon the self-representations of their
          subcontractors as to their status as small disadvantaged business concerns. The
          period of time for subcontractors to become certified under rules issued by the



                                                                                    GAO/OGC-99-55
Small Business Administration has been extended by the final rule until
September 30, 1999.

This change does not affect the factual statements or the conclusions concerning the
agencies' compliance with the statutes and executive orders discussed in the July 16,
1998, major rule report.

If you have any questions about this report, please contact James W. Vickers,
Assistant General Counsel, at (202) 512-8210. The official responsible for GAO
evaluation work relating to the subject matter of the rule is Bernie Ungar, Director,
Government Business Operations Issues. Mr. Ungar can be reached at (202) 512-
8387.

Sincerely yours,




Robert P. Murphy
General Counsel


cc: Ms. Ida M. Ustad
    Deputy Associate Administrator
    Office of Acquisition Policy
    Office of Governmentwide Policy
    General Services Administration




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