Department of Defense, General Services Administration, and National Aeronautics and Space Administration: Federal Acquisition Regulation; FAR Case 2008-004, Prohibition on Restricted Business Operations in Sudan and Imports from Burma, GAO-08-949R, July 3, 2008
Subject: Department of Defense, General Services Administration, and National
Aeronautics and Space Administration: Federal Acquisition Regulation; FAR Case
2008-004, Prohibition on Restricted Business Operations in
Pursuant to section
801(a)(2)(A) of title 5, United States Code, this is our report on a major rule
promulgated by the Department of Defense, General Services Administration, and National
Aeronautics and Space Administration (agencies), entitled “Federal Acquisition
Regulation; FAR Case 2008-004, Prohibition on Restricted Business Operations in
Sudan and Imports from Burma” (RIN: 9000-AL01).
We received the rule on
The interim rule requires every contract entered into by
an executive branch agency to contain a certification stating that the
contractor does not conduct certain business operations in
The interim rule has an announced effective date of
Enclosed is our assessment of the agencies’ compliance with the procedural steps required by section 801(a)(1)(B)(i) through (iv) of title 5 with respect to the rule. Our review indicates that, except for the delay in the effective date, the agencies complied with the applicable requirements.
If you have any questions about this report or wish to contact GAO officials responsible for the evaluation work relating to the subject matter of the rule, please contact Michael R. Volpe, Assistant General Counsel, at (202) 512-8236.
Robert J. Cramer
Associate General Counsel
REPORT UNDER 5 U.S.C. sect. 801(a)(2)(A) ON A MAJOR
ISSUED BY THE
DEPARTMENT OF DEFENSE,
GENERAL SERVICES ADMINISTRATION, AND
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
"FEDERAL ACQUISITION REGULATION; FAR CASE 2008-004,
PROHIBITION ON RESTRICTED BUSINESS OPERATIONS
IN SUDAN AND IMPORTS FROM BURMA"
(i) Cost-benefit analysis
According to the General Services Administration, it did not prepare a cost-benefit analysis of this interim rule because the rule was a statutory mandate.
(ii) Agency actions relevant to the Regulatory Flexibility Act, 5 U.S.C. sections 603-605, 607, and 609
The agencies determined that this interim rule will not have a significant impact on a substantial number of small entities.
(iii) Agency actions relevant to sections 202-205 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. sections 1532-1535
The agencies’ submission to the Comptroller General did not describe any actions relevant to the Act.
(iv) Other relevant information or requirements under acts and executive orders
Administrative Procedure Act, 5 U.S.C. sections 551 et seq.
The agencies determined that urgent and compelling reasons
exist to promulgate this interim rule without prior opportunity for public
comment because this rule, in part, implements a statute, which became
Paperwork Reduction Act, 44 U.S.C. sections 3501-3520
The agencies determined that this interim rule does not impose information collection requirements under the Act.
Statutory authorization for the rule
The agencies promulgated this interim rule under the authority of chapter 137 of title 10, section 121(c) of title 40, and section 2473(c) of title 42, United States Code.
Executive Order No. 12,866
The agencies determined that this interim rule is significant under the Order.