[Comments on Two Interim Rules Revising FAR]
Highlights
In response to a request, GAO commented on two interim rules that revise the Federal Acquisition Regulation (FAR), which would require: (1) testing the ability of small businesses in four industry groups to compete for contract awards on an unrestricted basis; and (2) bidders in certain procurements to certify that they would maintain a drug-free workplace. GAO had no objections to the interim rules.
B-234485, B-234486, Jun 1, 1989, 89-1 CPD ***
PROCUREMENT - Contractor Qualification - Contractor personnel - Drug control - Federal procurement regulations/laws - Revision DIGEST: 1. General Accounting Office has no objection to Federal Acquisition Circular 84-43 (Federal Acquisition Regulation (FAR) case No. 88-67), an interim rule that revises FAR Parts 1, 9, 23, and 52 to implement the Drug -Free Workplace Act of 1988, Pub.L. No. 100-690. PROCUREMENT - Socio-Economic Policies - Small businesses - Competition enhancement - Federal procurement regulations/laws - Revision 2. The General Accounting Office has no objection to Item I of Federal Acquisition Circular 84-42 (Federal Acquisition Regulation (FAR) case No. 88-67) an interim rule adding a new FAR Subpart 19.10 Act of 1988, Pub.L. No. 100-656.
Margaret A. Willis:
FAR Secretariat
General Services Administration:
This responds to your letter of February 8, 1989, requesting our comments on two interim rules that revise the Federal Acquisition Regulation (FAR), one dealing with the performance of a small business competitiveness test (Federal Acquisition Circular (FAC) 84-42; FAR case No. 88-66), and the other concerning drug-free workplace requirements (FAC 84-43; FAR case No. 88-67).
FAC 84-42 adds a new Subpart 19.10 to the FAR entitled "Small Business Competitiveness Demonstration Program," further implementing Title VII of the Business Opportunity Development Reform Act of 1988, Pub.L. No. 100- 656. Certain agencies will participate in a program over a 4-year period beginning January 1, 1989, to test the ability of small businesses in four designated industry groups to compete for contract awards on an unrestricted basis. The program also has features intended to enhance the participation of small businesses, particularly "emerging small businesses," in federal procurements.
FAC 84-43 revises FAR Parts 1, 9, 23 and 52 to implement the Drug Free Workplace Act of 1988, Pub.L. No. 100-690. That act requires offerors in certain procurements to certify, in order to be eligible for award, that they will maintain a drug-free workplace through, among other things, establishing a drug-free awareness program and notifying its employees that the unlawful manufacture, distribution, possession, or use of a controlled substance is prohibited in the contractor's workplace.
We have no objection to the two interim rules.