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Panoptic Enterprises' FEDERAL CONTRACTS DISPATCH

DATE: September 27, 2001

SUBJECT: Agriculture Acquisition Regulation (AGAR); North American Industrial Classification System

SOURCE: Federal Register, September 27, 2001, Vol. 66, No. 188, page 49316

AGENCIES: Department of Agriculture (USDA)

ACTION: Direct Final Rule

SYNOPSIS: This direct final rule amends the AGAR 452.219-70, Size Standard and SIC Code Information, by replacing references to Standard Industrial Classification (SIC) Codes with references to North American Industrial Classification System (NAICS) codes. On July 26, 2000, the Federal Acquisition Regulation (FAR) was amended by Federal Acquisition Circular (FAC) 97-19 to employ NAICS codes for small business size determinations and other purposes instead of SIC codes. Since the AGAR supplements the FAR, USDA is amending the AGAR to reflect the FAR's adoption of NAICS codes.

EDITOR'S NOTE: The AGAR is Chapter 4 of Title 48 of the Code of Federal Regulations. It is available on the Internet at http://www.usda.gov/da/procure/agar/index.html.

This rule is being published as a "direct final rule," which USDA reserves for rules it believes are noncontroversial. USDA believes this rule is noncontroversial because it is merely revises the AGAR to reflect the FAR's adoption of NAICS codes. However, if USDA receives any adverse comments, it will withdraw the rule, consider the comments, then possibly publish a proposed rule in a future edition of the Federal Register.

For more on FAC 97-19, see the July 26, 2000, FEDERAL CONTRACTS DISPATCH "Federal Acquisition Circular (FAC) 97-19, Miscellaneous Amendments."

DATES: This rule will become effective on November 26, 2001, without further notice, unless USDA receives adverse comments by October 29, 2001.

ADDRESSES: Send any adverse comments to the U.S. Department of Agriculture, Office of Procurement and Property Management, Procurement Policy Division, Stop 9303, 1400 Independence Avenue SW, Washington, DC 20250-9303; or by fax to 202-720-8972; or by e-mail to joe.daragan@usda.gov.

FOR FURTHER INFORMATION CONTACT: Joseph J. Daragan, 202-720-5729.

SUPPLEMENTAL INFORMATION: On July 26, 2000, FAC 97-19 amended the FAR to use NAICS codes for small business size determinations and other purposes instead of SIC codes. AGAR 452.219-70, Size Standard and SIC Code Information, informs prospective offerors which small business size standards will be used in determining whether an offeror is a large business or a small business, and it sets out size standards by SIC code. USDA is amending AGAR 452.219-70 to change its title to "Size Standard and NAICS Code Information" and to substitute "NAICS" for "SIC", and "North American Industrial Classification System" for "Standard Industrial Classification". The prescription for AGAR 452.219-70 in AGAR 419.508, Solicitation Provisions, is also changed to reflect the changed title.

FOR FURTHER INFORMATION CONTACT: Panoptic Enterprises at 703-451-5953 or by e-mail to Panoptic@FedGovContracts.com.

Copyright 2001 by Panoptic Enterprises. All Rights Reserved.

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