Mr. Allan Brown
Acting Administrator
Office of Federal Procurement Policy
Old Executive Office Bldg. - Room 352
Washington, DC 20503
Dear Mr. Brown:
This concerns the final regulatory flexibility analysis (FRFA) for the final rule, FAR Part 15: Contracting by Negotiating; Competitive Range Determinations [FAR Case 95-029], published in the Federal Register on September 30, 1997. You requested Advocacy's review of the regulatory analysis.
As you know, Advocacy voiced strong concerns regarding certain provisions in the proposed FAR Part 15 rule and with the initial regulatory flexibility analysis. Specifically, Advocacy's formal comments on the proposal labeled the initial regulatory analysis to be insufficient and described it as "inaccurate and misleading."
The final regulatory analysis represents an improvement in the quantity and quality of data provided and reconciled. The new analysis does address the five required elements of a FRFA, which are designed to measure impact on the small business community and describe regulatory alternatives considered. Advocacy does not agree with all conclusions outlined in the final analysis, but it does acknowledge compliance with the analytic requirements of the Regulatory Flexibility Act.
Advocacy has noticed, especially during the last twelve months, a marked improvement in initial and final regulatory analyses prepared for procurement rules promulgated through the FAR Council. We are encouraged by this improvement and urge continued efforts to measure and mitigate regulatory impact on small businesses.
Sincerely,
Jere W. Glover
Chief Counsel for Advocacy