FEDERAL ACQUISITION REGULATIONS SYSTEM
Document Type:
Collection:
Document Number (FOIA) /ESDN (CREST):
CIA-RDP88G00186R001001220022-6
Release Decision:
RIPPUB
Original Classification:
K
Document Page Count:
8
Document Creation Date:
December 22, 2016
Document Release Date:
October 25, 2010
Sequence Number:
22
Case Number:
Publication Date:
August 27, 1985
Content Type:
MEMO
File:
Attachment | Size |
---|---|
![]() | 592.77 KB |
Body:
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
STAT
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
OFFICE OF FEDERAL
PROCUREMENT
POLICY
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASHINGTON. D.C. 20503
Al1G 2 T 1985
0*
MEMORANDUM TO: PILIAM OF l' ARENCIES
FROM: E. MS, ACTING ADMINISTRATOR
SUBJECT:
STAT
OFPP Policy Letter 85-1, Federal Acquisition Regulations
System
Enclosed is a copy of OFPP Policy Letter 85-1 on the Federal Acquisition
Regulations System. Also enclosed is the notice of final rule in the Federal
Register dated August 27, 1985.
Enclosures
cc:
Agency Senior Procurement Executives
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
OFFICE OF FEDERAL
PROCUREMENT
POLICY
EXECUTIVE OFFICE OF THE PRESIDENT
OFFICE OF MANAGEMENT AND BUDGET
WASH I NGTON. D.C. 20503
AUG 19 1965
OFPP POLICY LETTER 85-1
TO THE HEADS OF EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS
SUBJECT: Federal Acquisition Regulations System
1. Purpose. The purpose of this Policy Letter is to implement certain requirements of
the Office of Federal Procurement Policy Act (the Act) (P.L. 93-400 as amended, 41
U.S.C. 401 et. seq.) concerning the definition and maintenance of the single system
of simplified Government-wide procurement regulations. It also rescinds and
replaces Policy Letter 80-5, dated July 10, 1980. It does not address OMB's
rescission authority which will be the subject of a subsequent issuance.
2. Authority. This Policy Letter is issued pursuant to Section 6 of the Office of
Federal Procurement Policy Act, 41 U.S.C. 405.
3. Background. P.L. 93-400, (August 30, 1974) which established the Office of Federal
Procurement Policy, required the Administrator to establish a system of coordinated
and, to the extent feasible, uniform procurement regulations for the executive
agencies. In January 1978, with the cooperation of the Department of Defense
(DOD) and General Services Administration (GSA), the Administrator launched the
Federal Acquisition Regulation (FAR) project. On July 10, 1980, OFPP issued Policy
Letter 80-5 which initiated the FAR System. On March 17, 1982, Executive Order
12352 directed that DOD, GSA and the National Aeronautics and Space
Administration (NASA) continue their joint efforts to consolidate their common
procurement regulations into a single simplified FAR by the end of calendar year
1982. On September 19, 1983, the FAR was published in the Federal Register under
the regulatory authority of GSA, DOD, and NASA, with an effective date of April 1,
1984.
Part I of the FAR, which formalized the FAR System, provides for the operation,
and maintenance of the FAR system. A Memorandum of Understanding for FAR
Maintenance was approved by the Deputy Under Secretary of Defense (Acquisition
Management), the Assistant Administrator for Acquisition Policy of GSA, and the
Assistant Administrator for Procurement of NASA on February 21, 1984, which
included procedures for recommending FAR changes, establishing FAR cases,
processing FAR cases and for resolving disagreements.
The Office of Federal Procurement Policy Act Amendments of 1983 (P.L. 98-191),
requires that policies prescribed by the Administrator be implemented in the single
system of Government-wide procurement regulations. It also requires that the
Administrator provide leadership, ensure action, and resolve differences among the
executive agencies in the maintenance of the single regulation. In any instance in
which the Administrator is notified that DOD, GSA, and NASA are unable to agree
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
on or fail to Issue Government-wide regulations in a timely manner, the
Administrator may, under the Act, and with due regard to applicable laws and the
program activities of the executive agencies, prescribe Government-wide
regulations which must be consistent with the policies and functions set forth in P.L.
98-191.
4. Single System of Government-Wide Procurement Regulations. The Federal
Acquisition Regulations System is the sin le system of Government-wide
procurement regulations defined in Section 4(4) of the Act. The FAR System
includes the FAR and agency acquisition regulations, including those issued by
suborganizations, which implement or supplement the FAR. However, the FAR
System does not include agency and suborganization regulations covering internal
operating procedures that have no significant impact on the contractor, e.g.,
designations and delegations of authority, assignments of responsibilities, work-flow
procedures, and internal reporting requirements.
Each agency, based on its unique structure, shall determine to which organizational
level its suborganizations have authority to issue regulations implementing or
supplementing higher-level agency FAR supplements. Such determination shall be
provided to the Administrator and made a part of the Agency's implementation of
Part I of the FAR. DOD, GSA, and NASA shall be responsible for ensuring that
agency implementing and supplementing regulations are reviewed for compliance
with the FAR System requirements.
5. Information on FAR Maintenance. For the purpose of keeping OFPP informed of the
content of the FAR System, each executive department and agency shall provide a
copy of its FAR implementing and supplementing regulations to OFPP.
Once every three months, the Civilian Agency Acquisition and Defense Acquisition
Regulatory Councils each shall provide OFPP a list of all open CAAC, DAR and
FAR cases. The lists shall include the case numbers; the originator; the subject
matter of the case; the date received or originated; and the date and nature of
disposition. The FAR Secretariat shall also provide OFPP: (a) a copy of all
proposed and final FAR changes as soon as practicable; and (b) upon request, a copy
of the initiating document of any assigned FAR case or other proposed FAR change.
6. OFPP Resolution of Differences. When the Defense Acquisition Regulatory Council
and the Civilian Agency Acquisition Council cannot agree on the resolution of a
proposed FAR change, the matter shall be forwarded to the Deputy Under Secretary
of Defense for Acquisition Management, DOD; the Assistant Administrator for
Acquisition Policy, GSA; and the Assistant Administrator for Procurement, NASA
for resolution. DOD, GSA and NASA shall notify OFPP if they are unable to agree
within 15 days of the referral. If, for any reason, an agreement cannot be reached
within 30 days following the date of the notice, the matter shall be deemed a
disagreement in accordance with Public Law 98-191, and shall be referred promptly
to the Administrator for resolution. All such referrals shall be accompanied by an
issue paper containing a description of the proposed FAR change and the relevant
positions of all executive agencies and other interested parties that have expressed
a position in writing to the Councils on the proposed FAR change. Any decision not
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
to develop FAR coverage on a proposed FAR change affecting members of both
councils, with the intention that such proposed FAR change is to be covered
differently in agency Implementing or supplementing regulations, shall be referred
promptly, with supporting rationale, to the Administrator, who will determine within
five working days after receipt of such referral whether the decision conforms to
the Federal Acquisition Regulations System maintenance concept.
7. OFPP Issuance of Regulations. When the Administrator considers that a particular
proposed FAR change is not being resolved in a timely manner, the Administrator,
after consultation with DOD, GSA and NASA, shall give notice and specify a time in
which a decision must be reached regarding issuance of regulations. Following such
notice and time allotted for issuance of regulations, the Administrator may
determine that DOD, GSA and NASA have failed to issue Government-wide
regulations in a timely manner and may prescribe regulations, which shall be
forwarded to DOD, GSA, and NASA for timely publication in the applicable part of
the FAR. OFPP development of any regulations will follow the requirements of Sec.
302(a) of P.L. 98-577 (41 U.S.C. 420) on public participation.
8. Effective Date. This Policy Letter will be effective October 1, 1985.
9. Concurrence. This Policy Letter has the concurrence of the Director of the Office
of Management and Budget.
William E. Mathis
Acting Administrator
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
b4778 Federal Register / Vol. K No. 186 / Tuesday. August 27, 1985 /Notices
Crosse Boiling Water Reactor (the Based on Its review, the staff
facility) at the steady-state power levels concludes that issuance of this
not in excess of 166 megawatts thermal exemption will have no significant effect
The facility is a boiling water reactor on plant safety. Further. this action Is In
located at the licensee', site in Vernon
h
t
e public inttdd
eres an goo cause has
County. Wisconsin. The license - been shown to support the exemption.
provides. among other things, that it is ' Therefore. a t10-day exemption from the
subject to all rules, regulations and date of issuance of this exemption Is
Orders of the Nuclear Regulatory being granted for the submittal of an
Commission (the Commission) now or updated FSAR for the La Crosse Boiling
hereafter in effect. Water Reactor.
11 Pursuant to 10 CFR 51.32. the
Section 50.71(e)(3)(ii) of 10 CFR Part Commission has determined that the
50 requires that those plants initially of this exemption will have no,
subject to the NRC's systematic y significant impact on the environment
evaluation program (SEP) must file a (50 33658, August 20,1985)?
l Accordingly, the Commission has
complete updated Final Safet
An
the cognizant ACRS staff member. Mr.
Richard Major (telephone 502/834._1414)
between &15 am and 6O0 p.m, persons
planning to attend this meeting are
raged to contact the above named
Individual due or two days before the
scheduled meeting to be advised of any
changes in schedule. etc.. which may
have occurred,
Darr. August 21.199L
Martha W. LAwid .
Assistant 8kecutivs Director f brproj
R~viety
(FR Dec. a5.2o470 Filed 8- -a g:u am)
saaaM cone reS.et.*
y
a
ysu determined that, pursuant to 10 CFR
Report (FSAR) within 24 months after 50.12, an exemption Is authorized by law
receipt of notification that SEP has been and will not endanger life or propety or OFFICE MANAGEMENT AND
completed. By letter dated July 20, 1983. the common defense and security and to
the staff informed Dairyland Power otherwise in the public Interest.
Cooperative that SEP has been Therefore, the Commission hereb 1 Acquisition Letter ion System
completed for the La Crosse Boiling approves the following t..,,,,or
y equlsition Regulation System
approves
ar
pursuant to 10 CM 50.71(e)(3), the - from compliance with
50
licensees was required to file an .7nda ),
updated FSAR. By letter dated July 12. original Aa u undated FSAR containing those
new FSAR that are still
1983, the licensee requested an applicable plus of
exem ti # d plus n replacem t
r
f
..".cum
Policy (OFPP). Office of Management
and Budget.
ACnotc Final Policy Letter.
p
an o e
er submittal of the shall be filed on or before a date - Pages
W days update FSAR for 60 SUMMARY: This Policy Letter is issued to
days. from the date of issuance of this implement certain authorities and
The final report, "Integrated Plant exemption. This updated FSAR shall responsibilities of the Office of Federal
Safety Assessment. Systematic bring the FSAR up to date as of a Procurement Policy contained in Pub. L
Evaluation Program" for the La Crosse maximum of 8 months prior to the date 93400 as amended by Pub. L. 96-83 and
Boiling Water Reactor, NUREG-0827,
had several of filing the uppdated FSAP, with Pub. L 98-191 concerning the definition
open item that required subsequent revisions no less frequently and maintenance of the single system of
further evaluation and plant
modifications. The licensee's July 12, than annually thereafter. simplified Government-wide
1985 letter states that these changes Dated at Bethesda. Maryland this 21st day procurement regulations.
required the full-time utilization of of August 19a5. DATZ The effective date of this policy
LACBWR's small engineering staff and For the Nuclear Regulatory Commission. Letter is October 1, 1985.
that the majority of the design changes Hugh L Thompson. Jr. FOR FURTHER INFORMATION CONTACT.
were completed during the refueling Director, Division of Licensing, Office of William Marxist. Office of Federal
outage in March-April 1985. Since at Nuclear Reactor Regulation. Procurement Policy. OMB, 728 Jackson
time. the LACBWR staff has been Place, NW, Washington, DC 20509, (202-
engaged in conducting the engineering (FR Doc. 85-204% Filed 8-26-85: ai45 am] 395-3300).
review of the updated FSAR- The anrrq coca rise-cwt SUPPLEMENTARY INFORMATION; The
licensee indicated that it needs an Office of Federal Procurement Policy
additional 60 days to complete the Advisory Committee on Reactor Act (Pub. L 93-400 as amended by Pub.
activities associated with submitting the Safeguards; Subcommittee on Reactor L 95and Pub. L 98-191) p
update FSAR. Operations; Rescheduling of Meeting Part. the following.
The NRC staff considered saf ety rovides, in
aspects of the requested exemption from The Federal Register published on "sin
Section 4. As gle system of used In mien Government-wide the term
the update FSAP submittal date. The Friday, August 28, L985 (50 FR 33135) procurement regulations" means (A) a single
proposed exemption affects only the contained notice of a meeting of the Govenunent-wide procurement regulation
required date for updating the FSAR and ACRS Subcommittee on Reactor issued and maintained jointly by the General
does not affect the risk of facility Operations to be held on September 9. Services Admirdstration, the Department of
accidents. Thus, the granting of the 1985 has been changed to Tresday, Defense, and the National Aeronautics and
requested exemption will have.no September IQ 1985.1 p m? Room Space Administration.... and (B) agency
significant Impact on plant safety. 1 supplementing the Government-wide
III DC. All other Items remain the same as procurement regulation... .
previously published. Section 6(a). The Administrator shall
The public Interest will be served by Further information regarding topics provide overall direction of procurement
granting the exemption since the to be discussed whether the meeting policy abd leadership in the development of
lliicuuee used its personnel to complete has been cancelled or rescheduled, the Procurement systems of the executive
other work of higher safety significance Chairman's ruling on requests for the agencies.
sooner than would be the case if opportunity to present oral statements won 6(d). The functions of the
personnel were diverted to update the and the time allotted therefor can be Administrator shall Include-4i) providing
FSAP. obtained by a prepaid telephone can to leadership s geo in the establishment the
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
Federal Register / Vol. 50. No. 188 / Tuesday, August 27, 1985 / Notices
system of simplified Government -wide. -? ~??? ? ~???? ?`...n.~....a. W I is w wtauagertaant~, tae ~fesraraai..;
the FAR. The poll nbtter was narrowly Administrator for Acquisition procurement regulations sad resolving drafted leemmeennt Policy of
differences among the executlw ageadss to to imp the statutory? . GSA, and the Assistant AdmioistrOw-
ebe development of aimppheed Goveertmeat. responaibWties for procurement . . fur Procurement at NASA as Pebet;arp ;
wide procurement regulation; procedures ' - : ;eguladons assigned to OFPP by Pub. 1. 21, 19x4.
Whicb Indoded
- -?
and forms. Section e(b). In any Instance In which the All comments received were care establishing ng PAR
wing processing PAR
Administrator determines that the DOD, considered in drafting following g cases es and d for resolving disagreements.
NASA and the GSA are unable to agree on or policy letter.
fail to issue Government-wide regulations, The Office of Federal Procurement
Dated: August 19, 1985. PoliC
procedures and forms in a timely manner, the y Act Amendments of 1983 (Pub. L
Administrator may.. . . prescribe William 1. Ataralst, 98-191), requires that policies prescribed
Government-wide regulations. procedures Actinfr~AssociateAdmuiistrotorforPolicy by the Administrator be implemented in
and forms which shall be followed by Development the single system of Government-wide
executive agencies.... . ' OFPP Policy Letter $5-1 procurement regulations. It also retlnires
This Policy Letter (a) designates the To the Heads of Executive Depahnents . that the Administrator provide
Federal Acquisition Regulations System and Establishments leadership, ensure action, and resolve
as the single system of Government- i Subject: Federal Acquisition Regulations' differences among the executive
wide procurement regulations referred Sys-. = : , -; ?: - -J - agencies in the maintenance of the
to in the OFPP Act: (b) requires certain i. P u p o s e . The purpose o f this Policy single regulation. I n any instance in
information flow in the PAR System: (c) 'Letter is to implement certain which the Administrator is notified that
requires that issues on which DOD, GSA requirements of the Office of Federal DOD, GSA. and NASA are unable to
and NASA are unable to agree be Procurement Policy Act (the Act) (Pub, = agree on or fail to Issue Government-
referred to the Administrator for I.93-100 as amended, 41 U.S.C. 401 at wide regulations In a timely manner, the.
resolution: and (d) requires that. seq.) concerning the definition and Administrator may, under the Act. and'
decisions not to develop PAR coverage maintenance of the single systems of c with due regard to applicable laws
on issues affecting members of both simplified Government-wide: c ;,o - the program activities of the iixecntive-
Defense Acquisition Regulatory Council procurement regulations. It also rescinds agencies, prescribe Government wide
and the Civil Agency Acquidtioa and replaces Policy Lettst a0,& dated::; s regulations which must be seadafiat''
Council (leaving such issues to WC: July, 10,1980. It does not address OMB's. If with the policies aid &w
tloas set forth
covered In agenc
---.t __"_ _. h. _.. ,... ..
y
A am,n,^ rotor. It Is intended to . . 2. Authority
Letter It w'? Sysftiri of ""?Q7
This Polic
The Fedral
.
y
implement the regulatory role assigned Issued pursuant to section a of the Procurement S The Federal
to OFPP by Pub. L. 98-191-that is, to Office of Federal Procurement Policy Acquisition Regulaio egulations s System is the
-resolve disputes and to be in a position Act. 41 U.S.C.405. single system of Gore~cnment-wide
to issue regulations if regulations are not. 3. Background Pub. 1.93-400, (August S proc oment regulations de$aedin
timely under the FAR. It is not intended 30, 1974) which established the Office of on 4(4) of the Act. The FAR System
to implement OMH's rescission authority, Federal Procurement policy, required the Includes the FAR and igency acquisition
which will be the subject of a Administrator to establish a system of s ations, including those issued by
subsequent issuance. coordinated and to the extent feasible, uborganizations, which implement or
A draft policy letter was published In uniform procurement regulations for the supplement the FAR. However. the FAR
the Federal Register on July a,1988 (49 ? - executive agencies. In January 1978, System does not include agency and
FR 27883) for public and Federal agency - with the cooperation of the Department - internal a~ on regulations covering
review and comment. A public meeting of Defense (DOD) and General Services operating procedures that have
for the purpose of providing an Administration (GSA), the no significant impact on the contractor.
opportunity for interested parties to = Administrator launched the Federal a g, designations and delegations of
present their views In person was held Acquisition Regulation (FAR) project, authority, assignments of _. ..,
on August 2. 1984. On July 10, 1980, OFPP Issued Policy responsibilities, work-flow procedures,
Comments received were very diverse Letter 80-8 which Initiated the FAR and internal reporting requirements.
and not susceptible to summarization; System. On March 17' 198Z Executive Each agency, based on Its unique
however, they fell in three categories. Order 12352 directed that DOD, GSA structure, shall determine to which
First. those from the private sector were and the National Aeronautics and Space, organizational level Its suborganizations
very supportive of a strong OFPP Administration (NASA) continue their have authority to issue regulations
regulatory role giving suggested changes joint efforts to consolidate their common implementing or supplementing; higherr`
to strengthen the policy letter. Most of procurement regulations into a single level agency FAR supplements. Such
these recommendations went beyond simplified FARthe and of calendar determination shall be provided to the
the required regulatory role specified in year 19x2, On September 19. IM the Administrator and made a part of the
Pub. L. go-191. Other suggested changes FAR was published in the Federal Agency's implementation of Putt i of the
that clarified the policy letter was Register under the regulatory authority FAR. DOD, GSA. and NASA $hall be
'adopted. Second a group of executive of GSA. DOD. and NASA. with ere - responsible for ensuring that agency
agencies and industry associations effective date of April 1, WW - ? ? implementing and supplementing -
supported the policy letter without part 1 of the FAR. which fornulisedl regulations are reviewed for compliance
comment or stated that they had no the FAR System, provides for the . with the FAR System requirements.
objection. Third. some agendas operation. and maintanaboe of the FAR- 5. Information on FAA Maintenance.
commented, either in writing of in system. A Memorandws of ' ...:., . L For the purpose of keeping OFPp -'
subsequent meetings. that the policy Understanding for FAIL MsInboanoe ? informed of the content the FAR
letter was either unnecessary or was approved by the Deputy Undue System each executive department and
Intruded on the regulatory authority of Secretary of Defense (Acqu sitiod agency shall provide a copy of Its FAR
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88G00186R001001220022-6
34780 - Federal Register / Vol. 50. No. 108 / Tuesday, August 27. 1985 / Notices
-now
implementing and supplementing .. regulafau, Following such notice and questions raised the PBGC. May regulations to OFPP. ?+ ? ? ? ' time allotted for issuance of regulations. 11063 Opinion Letter Once every dune months, the Civilian the Administrator may determine that 10). That Opinion le er d tLetter that if a~
Agency Acquisition and Defense DOD, GSA and NASA have failed to selling employer had previously sold
Acquisition Regulatory councils each Issue Government-wide regulations in a assets in compliance with section 4101.
shall provide OFPP a list of an open N timely manner and may prescribe then that seer was entitled to be given
CAAC, DAR and FAR cases. The lists regulatiom which shall be forwarded to credit when facing liability for a
shall include the case numbers, the DOD. GSA. and NASA for timely subsequent withdrawaL The PBGC.
originator. the subject matter of the publication in the applicable part of the purpose in soliciting comments was to
case; the date received or originated; FAR OFPP development of any obtain the public's Input for an
and the date and nature of dispositiom regulations will follow the requirements interpretation that the ag ex
The FAR Secretariat shall also provide ency pected
of Sec. 302(s) of Pub. L 98-677 (41 U.S.C. to publish in the near future.
OFPP: (a) A copy of all proposed and 420) on public participation. The PBGC has reviewed the nine
final FARchanges as soon u S. Effective Done. This Policy Letter submissions received in response to the
practicable; (b) upon request a copy will be effective October 1. 1985. Federal Register notice. These
of the initiating document of any 9. Concurrence. This Policy Letter has submissions provide opinions and
assigned FAR case or other proposed the concurrence of the Director of the substantive comments on the differing
FAR change. Office of Management and Budget effects that a withdrawal following a
d OFPP Resolution of Differences. Widliaao 5. Madds6 sale of assets has on an employer's
When the Defense Acquisition ActingAdminotot - ?? withdrawal liability. However. in light
Regulatory Council and the Civilian [FR Doc. a -ZOWI Filed a-26-es sss am] of the complexity of these issues and the
Agency Acquisition Council cannot ,Lisa Coos $104S46 varied situations in which they arise, the
agree on the resolution of a proposed PBGC now believes that disputes
FAR change, the matter shall be relating to these matters are best
forwarded to the Deputy Under PENSION BENEFIT GUARANTY addressed individually by arbitration
Secretary of Defense for Acquisition CORPORATION subject to review in the courts. See, e.g.
Management. DOD; the Assistant Kroger Co. and Southern California Administrator for Acquisition Policy. Multiemptoyer Pension Plans; Effect of Food Workers Pension Fund. 6 EBC 1343.
GSA; and the Assistant Administrator W
ithdrawal Following Sale of Assets (1985) (Nagle, Arb.). The PBGC is,
for Procurement, NASA for resolution therefore. no longer considering
DOD. GSA and NASA shall notify OFPP AGENCY: Pension Benefit Guaranty publishing the interpretation of section
if they are unable to agree within 15 Corporation. 4201 contemplated by the Federal
days of the referral. IL for any reason. ACTION: Notice. Register notice of January 18. 1985.
an agreement cannot be reached within
30 days following the date of the notice. SUMMARY. This notice advises Issued at Washington, D.C. on this 2atd
the matter shall be deemed a employers. multiemployer plan day of August 1985. -
disagreement in accordance with Pub. L sponsors. and other interested persons Kathleen P.'Utgoff
98-191, and shall be referred promptly to that the Pension Benefit Guaranty Executive Director. Pension Benefit Cuaronty
the Administrator for resolution. All Corporation is no longer considering the Corporotioa
such referrals shall be accompanied by issuance of an interpretation concerning IF Doc. es-M71 Filed s-a -es; 8:45 am]
an issue paper containing a description the effect that a sale of assets meeting when coca nos-ea+t
of the proposed FAR change and the the requirements of section 4204 of
relevant positions of all executive ERISA has on subsequent withdrawal&
agencies and other interested parties FOR FURTHER INFORMATION CONTACT.' POSTAL RATE COMMISSION
that have expressed a position in writing John Carter Foster, Attorney.
to the Councils on the proposed FAR Multiemployer Regulations Group, (Docket No. CIS-11
change. Any decision not to develop ? Corporate Policy and Regulations
p of A In inc.; Filing
FAR coverage on a proposed FAR Department (811). Pension Benefit
change affecting members of both Guaranty Corporation, 2020 K Street, of Settlem tlement A greement greement in Docket
councils, with the intention that such NW.. Washington, D.C. 20008; 202-254- No. COS-1 Complaint of Advo-System;
proposed FAR change is to be'covered 4860 (202-254.8010 for TTY and TDD).
differently in agency implementing or These are not toll-free numbers. August 2L lsse.
supplementing regulations, shall be SUPPLEMENTARY INFORMATtOIC On
referred The Commission hereby gives notice
promptly, with supporting January 15. 1985 the Pension Benefit that the Director of the Office of the
rationale, to the Administrator, who will Guaranty Corporation (PBGC) published Consumer Advocate, who was named
determine within five working days in the Federal Register a notice soliciting settlement coordinator in this
after receipt of such referral whether the public comment concerning the effect proceeding, has filed with the
decision conforms to the Federal - that a sale of assets has on certain Commission a document entitled
Acquisition Regulations System . subsequent plan determinations with "Stipulation and Agreement" In his
maintenance concept - respect to the withdrawal of the seller ? transmittal letter. the Director noted that
7. OFPP Issuance of Regulations. (50 FR 2118). The PBGC was particularly the agreement has been negotiated by a
When the Administrator considers that interested in receivi
ng comments on number of parties in the case. Including
a particular proposed FAR change to not ? methods for giving credit toe - - ' the complainant and the respondent He
being resolved in a timely manner, the withdrawing employer for a prior sale of also said.
Administrator, after consultation with assets that met the requirements of
DOD. GSA and NASA, shall give notice section 4204(x)(1] of the Employee Althoius this agreement I. not a
on
believe
e. specify a time in which a decision - ? Retirement Income Security Act. This can be the basia recommended d chat ti . ision must be reached regarding issuance of notice was issued partly iresponse to to the Governors by the Commission. eafter an
Sanitized Copy Approved for Release 2010/10/25: CIA-RDP88GO0186R001001220022-6