General Services Administration Acquisition Regulation; Veteran and Service-Disabled Veteran-Owned Small Business Goals in Subcontracting Plans, 32522-32523 [05-10934]

Agencies

• General Services Administration

[Federal Register Volume 70, Number 106 (Friday, June 3, 2005)]
[Rules and Regulations]
[Pages 32522-32523]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-10934]


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GENERAL SERVICES ADMINISTRATION

48 CFR Part 552

[GSAR Amendment 2005-02; GSAR Case 2005-G502 (Change 15)]
RIN 3090-AI12


General Services Administration Acquisition Regulation; Veteran 
and Service-Disabled Veteran-Owned Small Business Goals in 
Subcontracting Plans

AGENCIES: General Services Administration (GSA), Office of the Chief 
Acquisition Officer.

ACTION: Final rule.

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SUMMARY: The General Services Administration (GSA) is amending the 
General Services Administration Acquisition Regulation (GSAR) in order 
to be consistent with the Federal Acquisition Regulation (FAR), to 
update GSAR clauses pertaining to subcontracting plans to include 
veteran-owned and service-disabled veteran-owned small businesses.

DATES: Effective Date: June 3, 2005.

FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room 
4035, GS Building, Washington, DC, 20405, (202) 501-4755, for 
information pertaining to status or publication schedules. For 
clarification of content, contact Rhonda Cundiff, Procurement Analyst, 
at (202) 501-0044. Please cite Amendment 2005-02, GSAR case 2005-G502 
(Change 15).

SUPPLEMENTARY INFORMATION:

A. Background

    The General Services Administration (GSA) is issuing a final rule 
to amend the General Services Administration Acquisition Regulation 
(GSAR) in order to be consistent with changes to the FAR made by FAR 
case 2000-302, in Federal Acquisition Circulars 97-20, 2001-01 and 
2001-01 Correction. These changes implemented the Veterans 
Entrepreneurship and Small Business Development Act of 1999 (PL 106-50) 
and the Small Business Reauthorization Act of 2000 (part of the 
Consolidated Appropriations Act, 2001). FAR case 2000-302 added 
additional subcontracting plan goal requirements for veteran-owned and 
service-disabled veteran-owned small business concerns. This GSAR rule 
amends GSAR 552 to incorporate these subcontracting plan categories 
into subcontracting plans.
    This is not a significant regulatory action and, therefore, was not 
subject to 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 Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant GSAR revision within the 
meaning of FAR 1.501 and Public Law 98-577, and publication for public 
comments is not required because the Federal Acquisition Regulation 
already covers the requirement for subcontracting goals for veteran-
owned small businesses and service-disabled veteran-owned small 
businesses.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the GSAR do not impose recordkeeping or information collection 
requirements, or otherwise collect information from offerors, 
contractors, or members of the public that require approval of the 
Office of Management and Budget under 44 U.S.C.3501, et seq.
    This information is an extension of a requirement already included 
in the FAR. The only difference in the FAR requirement and the GSAR 
requirement in 519.705-2 is that for all negotiated solicitations 
having an anticipated award value over $500,000 ($1,000,000 for 
construction), submission of a subcontracting plan by other than small 
business concerns is required when a negotiated acquisition meets four 
conditions: (1) when the contracting officer anticipates receiving 
individual contract plans (not commercial plans); (2) when the award is 
based on trade-offs among cost or price and technical and/or management 
factors under FAR 15.101-1; (3) the acquisition is not a commercial 
item acquisition; and (4) the acquisition offers more than minimal 
subcontracting opportunities.

List of Subjects in 48 CFR Part 552

    Government procurement.

    Dated: May 24, 2005
David A. Drabkin,
Senior Procurement Executive,Office of the Chief Acquisition Officer, 
General Services Administration.

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Therefore, GSA amends 48 CFR part 552 as set forth below:

PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

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1. The authority citation for 48 CFR part 552 continues to read as 
follows:

    Authority: 40 U.S.C. 121(c).


552.219-71  [Amended]

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2. Amend section 552.219-71 by--
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a. Removing from the introductory text the reference ``519.708'' and 
inserting ``519.708-70(a)'' in its place; and
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b. Revising the date of the provision to read ``(JUN 2005)''.


552.219-72  [Amended]

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3. Amend section 552.219-72 by--
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a. Removing from the introductory text the reference ``519.708(b)'' and 
inserting ``519.708-70(b)'' in its place;
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b. Revising the date of the provision to read ``(JUN 2005)'';
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c. Removing the word ``products'' from paragraph (a); and
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d. Removing from paragraph (b) the words ``and women-owned'' from the 
first and second sentences, and inserting ``women-owned, veteran-owned, 
and service-disabled veteran owned'' in their place, and in the third 
sentence remove the word ``products''.


552.219-73  [Amended]

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4. Amend section 552.219-73 by--
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a. Removing from the introductory text the reference ``519.708(c)'' and 
inserting ``519.708-70(c)'' in its place;
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b. Revising the date of the provision to read ``(JUN 2005)'';
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c. Removing from paragraph (a)(2) the words ``and women-owned'' from 
the first and second sentences, and inserting ``women-owned, veteran-
owned, and service-disabled veteran owned'' in their place, and in the 
second sentence remove the word ``products''.
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d. Revising the list following paragraph (b) intro text (the Note 
remains unchanged); and
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e. Removing from Alternate I the reference ``519.708(c)(2)'' and 
inserting ``519.708-70(c)(2)'' in its place.
    The added text reads as follows:


552.219-73  Goals for Subcontracting Plan.

* * * * *
    (b) * * *
    Small Business ------percent
    HUBZone
     Small Business ------percent
    Small Disad-
     vantage Business ------percent
    Women-Owned
     Small Business ------percent
    Veteran-Owned
     Small Business ------percent
    Service-Disabled
     Veteran-Owned

[[Page 32523]]

     Small Business ------percent
* * * * *


552.219-71, 552.219-72, 552.219-73  [Amended]

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5. In addition to the amendments set forth above, remove the words 
``and women-owned'' and add ``women-owned, veteran-owned, and service-
disabled veteran owned'' in its place in the following places:
    (a) Section 552.219-71 from the first and third sentences;
    (b) Section 552.219-72 (c) intro text, (c)(1), (d)(3), and (d)(4); 
and
    (c) Section 552.219-73 (a)intro text, (a)(1), (b), (c)(3), and 
(c)(4).
[FR Doc. 05-10934 Filed 6-2-05; 8:45 am]
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