[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Pages 44822-44823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21496]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 19 and 52
[FAC 97-01; FAR Case 95-028; Item XI]
RIN 9000-AH34
Federal Acquisition Regulation; Minority Small Business and
Capital Ownership
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule adopted as final with changes.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council have agreed to adopt as final, with
changes, the interim rule that was published as Item VII of Federal
Acquisition Circular 90-43 on December 20, 1996. The rule amends the
Federal Acquisition Regulation (FAR) to reflect changes to the Small
Business Administration's (SBA) regulations at 13 CFR Parts 121 and
124, which address the Minority Small Business and Capital Ownership
Development Program. The rule clarifies eligibility and procedural
requirements for procurements under the 8(a) program. This regulatory
action was not subject to Office of Management and Budget review under
Executive Order 12866, dated September 30, 1993, and is not a major
rule under 5 U.S.C. 804.
DATES: Effective October 21, 1997.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755 for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 97-01, FAR case 95-028.
SUPPLEMENTARY INFORMATION:
A. Background
On June 7, 1995, SBA published, as a final rule, changes to its
regulations at 13 CFR Parts 121 and 124, which cover the Minority Small
Business and Capital Ownership Development Program. As a result of
these modifications, the FAR had some inconsistencies regarding who was
eligible for a particular 8(a) procurement. An interim FAR rule was
published in the Federal Register at 61 FR 67420, December 20, 1996 to
correct these inconsistencies. This rule finalizes the interim rule
with minor amendments to reflect changes that SBA is making in its
processing of 8(a) requirements. One comment was received in response
to the interim rule. This comment was considered in the development of
the final rule.
B. Regulatory Flexibility Act
The Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq., because the rule does not
impose any new requirements on offerors or contractors. The rule amends
the FAR to reflect changes to Small Business Administration (SBA)
regulations designed to streamline the operation of the 8(a) program
and to ease certain restrictions perceived to be burdensome on program
participants. The SBA has certified that the changes to its regulations
will not have a significant economic impact on a substantial number of
small entities.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose recordkeeping or information collection
requirements, or collections of information from offerors, contractors,
or members of the public which require the approval of the Office of
Management and Budget under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 19 and 52
Government procurement.
[[Page 44823]]
Dated: August 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR Parts 19 and 52 which
was published at 61 FR 67420, December 20, 1996, is adopted as final
with the following change:
1. The authority citation for 48 CFR Parts 19 and 52 continues to
read as follows:
PART 19--SMALL BUSINESS PROGRAMS
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
2. Section 19.804-2 is amended by revising paragraphs (b)(2) and
(c) to read as follows:
19.804-2 Agency offering.
* * * * *
(b) * * *
(2) Sole source requirements, other than construction, should be
forwarded directly to the district office that services the nominated
firm. If the contracting officer is not nominating a specific firm, the
offering letter should be forwarded to the district office servicing
the geographical area in which the contracting office is located.
(c) All requirements for 8(a) competition, other than construction,
should be forwarded to the district office servicing the geographical
area in which the contracting office is located. All requirements for
8(a) construction competition should be forwarded to the district
office servicing the geographical area in which all or the major
portion of the construction is to be performed. All requirements,
including construction, shall be synopsized in the Commerce Business
Daily. For construction, the synopsis shall include the geographical
area of the competition set forth in the SBA's acceptance letter.
[FR Doc. 97-21496 Filed 8-21-97; 8:45 am]
BILLING CODE 6820-EP-P
