[Federal Register Volume 64, Number 185 (Friday, September 24, 1999)]
[Rules and Regulations]
[Pages 51829-51830]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-24410]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5, 8, 12, 19, and 52
[FAC 97-14; FAR Case 98-013; Item I]
RIN 9000-AI29
Federal Acquisition Regulation; Very Small Business Concerns
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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[[Page 51830]]
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
amending the Federal Acquisition Regulation (FAR) to implement the
Small Business Administration's (SBA) Very Small Business Pilot
Program. This program became effective on January 4, 1999.
EFFECTIVE DATE: November 23, 1999.
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 97-14, FAR case 98-013.
SUPPLEMENTARY INFORMATION:
A. Background
Section 304 of the Small Business Administration Reauthorization
and Amendments Act of 1994 (Pub. L. 103-403) authorized the SBA
Administrator to establish and carry out a pilot program for very small
business (VSB) concerns. The Small Business Administration (SBA)
published a final rule in the Federal Register on September 2, 1998,
(63 FR 46640), amending 13 CFR Parts 121 and 125 to establish a pilot
program for VSB business concerns. The purpose of the program is to
improve access to Government contract opportunities for concerns that
are substantially below SBA's size standards by reserving certain
acquisitions for competition among VSB concerns. Implementation of the
program is limited to geographic areas served by 10 SBA district
offices. A VSB concern is defined as a small business that has 15 or
fewer employees together with average annual receipts that do not
exceed $1 million. Any procurement that has an anticipated dollar value
exceeding $2,500 but not greater than $50,000 may be set aside for VSB
concerns. A contracting officer must set aside for VSB concerns any
such service or construction requirement that will be performed within
the geographical boundaries served by a designated SBA district office
if there is a reasonable expectation of obtaining fair and reasonable
offers from two or more responsible VSB concerns headquartered within
the geographical area served by that designated SBA district. In the
case of a procurement for supplies, a contracting officer must set
aside any such requirement for VSBs if the contracting office is
located within the geographical area served by a designated SBA
district, and there is a reasonable expectation of obtaining fair and
reasonable offers from two or more responsible VSB concerns
headquartered within the geographical area served by that designated
SBA district. The program will expire on September 30, 2000.
The Councils published an interim rule in the Federal Register on
March 4, 1999, (64 FR 10535). Five respondents submitted comments in
response to the interim rule. The Councils considered all comments in
the development of the final rule.
This rule was not subject to Office of Management and Budget review
under Section 6(b) of Executive Order 12866, Regulatory Planning and
Review, dated September 30, 1993. This rule is not a major rule under 5
U.S.C. 804.
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 large or small contractors. The Small
Business Administration has certified that the revisions to 13 CFR
Parts 121 and 125 being implemented by this rule will not have
significant economic impact on a substantial number of small entities
within the meaning of the Regulatory Flexibility Act.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that 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 5, 8, 12, 19, and 52
Government procurement.
Dated: September 14, 1999.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.
Interim Rule Adopted as Final With Changes
Accordingly, DoD, GSA, and NASA adopt the interim rule amending 48
CFR Parts 5, 8, 12, 19, and 52, which was published in the Federal
Register on March 4, 1999, (64 FR 10535), as a final rule with the
following changes:
PART 19--SMALL BUSINESS PROGRAMS
1. The authority citation for 48 CFR Part 19, and continues to read
as follows:
Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
19.904 [Amended]
2. In section 19.904, remove from paragraphs (a) introductory text,
(b), (c), and (d) ``shall'' and insert ``must'', in their places.
19.905 [Amended]
3. In section 19.905, remove from the introductory text, paragraph
(a) introductory text, and paragraph (b) ``The contracting officer
shall use'' and insert ``Insert'', in their places.
[FR Doc. 99-24410 Filed 9-23-99; 8:45 am]
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