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472516345
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Office of Federal Procurement Policy (OFPP)- Notice of Proposed Rulemaking (NPRM)
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472516345
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Office of Federal Procurement Policy (OFPP)- Notice of Proposed Rulemaking (NPRM)
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Records of the Office of the Chief of Staff (Clinton Administration)
Jennifer O'Connor's Subject Files
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EXECUTIVE OFFICE OF THE PRESIDENT
30-Aug-1996 11:53am
TO:
OCONNOR_J
FROM:
Jill M. Blickstein
be for
CC:
KELMAN S
more
CC:
Jacob J. Lew
SUBJECT: OFPP NPRM to be published September 9
Message Creation Date was at 30-AUG-1996 11:54:00
This is just a heads up that we'll be looking for your concurrence on an OFPP
NPRM to be published in the Federal Register two Mondays from now (a statutory
deadline). Jack Lew has not seen the proposal yet, but I wanted you to be
aware it was coming, because we'll be looking for clearance by next Wednesday,
the 4th.
The most recent procurement reform law requires OFPP to consider whether it
would be appropriate to waive certain requirements and certifications for
Federal agency procurement of commercial, off-the-shelf items (about 10-15% of
all Federal procurements). In April, OFPP published as an ANPRM the list of
requirements we would consider waiving; on the 9th, we are required to publish
a Notice of Proposed Rulemaking with lists of what we propose to waive and not
to waive. Because we do not have agency concurrence on a few items --
including a few labor items we plan to include a third category: items for
which we will seek further public comment.
The labor items OFPP has considered waiving (but will only seek comment on
waiving on the 9th) include:
the Buy America requirement;
the requirement that Federal agencies make special efforts to hire Vietnam
veterans and the disabled, and
a certification in the Right of First Refusal for Building Workers Executive
Order. (The EO required contractors to produce a list of employees in
seniority order; the list has to be certified, and waiving the certification
would not eliminate the requirement to produce the list.)
All 3 of these items were included in the ANPRM in April, and the labor unions
did not comment. The Defense Department strongly supports waiving these
requirements; the Labor Department has opposed waiving the first 2 and we are
waiting for their comment on the third.
Let me know if you have any immediate concerns about this approach. We will
send you the draft NPRM summary when it's ready. Thanks.
(Jack - There is also an EPA issue that Steve Kelman will raise separately
with CEQ and TJ's staff.)