DOD, GSA, and NASA Clarify the Proposed Regulations Regarding Use of Existing Mandatory/Nonmandatory Sources

October 1, 2012

On September 6, 2012, DOD, GSA, and NASA issued a correction to a proposed rule published in the Federal Register on June 14, 2012. The correction adds an “Initial Regulatory Flexibility Analysis,” which indicates that the proposed rule may have a significant impact on a substantial number of small entities within the meaning of the Regulatory Flexibility Act. The proposed rule would amend FAR Part 8 to eliminate confusion about the use of mandatory versus nonmandatory sources. Specifically, the proposed rule would amend two sections of the FAR to list only mandatory government supply sources and create a new FAR section to encourage agencies to give consideration to using certain existing nonmandatory sources. Written comments on the proposed rule should be submitted on or before October 9, 2012. (77 Fed. Reg. 54872, 9/6/2012.)

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