Defense Federal Acquisition Regulation Supplement; Sole Source 8(a) Awards to Small Business Concerns Owned by Native Hawaiian Organizations, 43072-43073 [05-14624]

Download as PDF 43072 § 650.4 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Rules and Regulations Standard patent rights clause. * * * * * (1) Communications. All communications required by this Patents Rights clause must be submitted through the iEdison Invention Information Management System maintained by the National Institutes of Health unless prior permission for another form of submission is obtained from the Patent Assistant at patents@nsf.gov or at Office of the General Counsel, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. * * * * * I 3. Section 650.19 is revised to read as follows: § 650.19 Electronic invention handling. (a) Grantees must use the iEdison Invention Information Management System maintained by the National Institutes of Health to disclose NSF subject inventions. Detailed instructions for use of that system are provided at https://s-edison.info.nih.gov/iEdison/ and should be followed for NSF subject inventions except that: (1) All communications required must be provided electronically as a PDF or TIFF file through iEdison unless prior permission for another form of submission is obtained from the Patent Assistant. (2) NSF does not require either an Annual Utilization Report or a Final Invention Statement and Certification. (b) Questions on use of iEdison and requests for permission to submit material in other forms may be sent to the NSF Patent Assistant at patents@nsf.gov or at Office of the General Counsel, National Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230. Amy Northcutt, Deputy General Counsel. [FR Doc. 05–14657 Filed 7–25–05; 8:45 am] BILLING CODE 7555–01–M DEPARTMENT OF DEFENSE 48 CFR Part 219 [DFARS Case 2004–D031] Defense Federal Acquisition Regulation Supplement; Sole Source 8(a) Awards to Small Business Concerns Owned by Native Hawaiian Organizations Department of Defense (DoD). Interim rule with request for comments. AGENCY: ACTION: VerDate jul<14>2003 23:50 Jul 25, 2005 Jkt 205001 SUMMARY: DoD has issued an interim rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement DoD appropriations act provisions permitting the award of sole source contracts to small business concerns owned by Native Hawaiian Organizations. The rule applies to manufacturing contacts exceeding $5,000,000 and nonmanufacturing contracts exceeding $3,000,000 that are awarded under the Small Business Administration’s 8(a) Program. DATES: Effective Date: July 26, 2005. Comment date: Comments on the interim rule should be submitted to the address shown below on or before September 26, 2005 to be considered in the formation of the final rule. ADDRESSES: You may submit comments, identified by DFARS Case 2004–D031, using any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Defense Acquisition Regulations Web Site: https://emissary.acq.osd.mil/ dar/dfars.nsf/pubcomm. Follow the instructions for submitting comments. • E-mail: dfars@osd.mil. Include DFARS Case 2004–D031 in the subject line of the message. • Fax: (703) 602–0350. • Mail: Defense Acquisition Regulations Council, Attn: Ms. Deborah Tronic, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. • Hand Delivery/Courier: Defense Acquisition Regulations Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 22202–3402. All comments received will be posted to https://emissary.acq.osd.mil/dar/ dfars.nsf. FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, (703) 602–0289. SUPPLEMENTARY INFORMATION: A. Background Section 8021 of the DoD Appropriations Act for Fiscal Year 2004 (Pub. L. 108–87) and Section 8021 of the DoD Appropriations Act for Fiscal Year 2005 (Pub. L. 108–287) provide funding for the DoD Indian Incentive Program, which is implemented in DFARS Subpart 226.1. The appropriations act provisions also require that small business concerns owned by Native Hawaiian Organizations be provided the same status as Indian tribes and Alaska Native Corporations with regard to contract awards under the Small Business Administration’s (SBA) 8(a) Program. Under the 8(a) Program, as implemented in FAR Subpart 19.8, PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 competition is required for manufacturing contracts exceeding $5,000,000 and non-manufacturing contracts exceeding $3,000,000, unless (1) there is not a reasonable expectation that at least two eligible and responsible 8(a) firms will submit offers at a fair market price, or (2) SBA accepts the requirement on behalf of a concern owned by an Indian tribe or an Alaska Native Corporation. This interim rule expands the competition exceptions to include requirements accepted on behalf of a small business concern owned by a Native Hawaiian Organization. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act DoD has prepared an initial regulatory flexibility analysis consistent with 5 U.S.C. 603. The analysis is summarized as follows: This interim rule amends the DFARS to implement DoD appropriations act provisions permitting the award of sole source contracts to small business concerns owned by Native Hawaiian Organizations. The rule applies to manufacturing contacts exceeding $5,000,000 and non-manufacturing contracts exceeding $3,000,000 that are awarded under the Small Business Administration’s 8(a) Program. The objective of the rule is to provide small business concerns owned by Native Hawaiian Organizations the same status that is provided to Indian tribes and Alaska Native Corporations under the 8(a) Program. Awards to these entities are exempted from the competition requirements that would otherwise apply to award of manufacturing contacts exceeding $5,000,000 and nonmanufacturing contracts exceeding $3,000,000 under the Program. The legal basis for the rule is Section 8021 of the DoD Appropriations Act for Fiscal Year 2004 (Pub. L. 108–87) and Section 8021 of the DoD Appropriations Act for Fiscal Year 2005 (Pub. L. 108–287). The rule will benefit small business concerns that are owned by Native Hawaiian Organizations by permitting sole source contract awards to these concerns. A copy of the analysis may be obtained from the point of contact specified herein. DoD invites comments from small businesses and other interested parties. DoD also will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should be submitted separately and should cite DFARS Case 2004–D031. E:\FR\FM\26JYR1.SGM 26JYR1 Federal Register / Vol. 70, No. 142 / Tuesday, July 26, 2005 / Rules and Regulations C. Paperwork Reduction Act The Paperwork Reduction Act does not apply, because the rule does not impose any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. 3501, et seq. D. Determination To Issue an Interim Rule A determination has been made under the authority of the Secretary of Defense that urgent and compelling reasons exist to publish an interim rule prior to affording the public an opportunity to comment. This interim rule implements Section 8021 of the DoD Appropriations Act for Fiscal Year 2004 (Pub. L. 108– 87) and Section 8021 of the DoD Appropriations Act for Fiscal Year 2005 (Pub. L. 108–287). These statutes require that small business concerns owned by Native Hawaiian Organizations be provided the same status as Indian tribes and Alaska Native Corporations with regard to contract awards under the Small Business Administration’s 8(a) Program. Application of this status will permit small business concerns owned by Native Hawaiian Organizations to receive sole source contract awards under the 8(a) Program, in amounts exceeding the thresholds at which competition would otherwise be required. Comments received in response to this interim rule will be considered in the formation of the final rule. List of Subjects in 48 CFR Part 219 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 219 is amended as follows: I 1. The authority citation for 48 CFR part 219 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. 2. Section 219.805–1 is added to read as follows: I General. (b)(2)(A) For acquisitions that exceed the competitive threshold and use fiscal year 2004 or 2005 appropriated funds, the SBA also may accept the requirement for a sole source 8(a) award on behalf of a small business concern owned by a Native Hawaiian Organization (Section 8021 of Pub. L. 108–87 and Section 8021 of Pub. L. 108–287). VerDate jul<14>2003 23:50 Jul 25, 2005 Jkt 205001 [FR Doc. 05–14624 Filed 7–25–05; 8:45 am] BILLING CODE 5001–08–P DEPARTMENT OF DEFENSE 48 CFR Part 225 [DFARS Case 2004–D035] Defense Federal Acquisition Regulation Supplement; Berry Amendment Memoranda Department of Defense (DoD). Final rule. AGENCY: ACTION: SUMMARY: DoD has issued a final rule amending the Defense Federal Acquisition Regulation Supplement (DFARS) to implement policy regarding acquisitions for which DoD determines that domestic items are not available to fulfill DoD requirements in a satisfactory quality and sufficient quantity at U.S. market prices. DATES: Effective July 26, 2005. FOR FURTHER INFORMATION CONTACT: Ms. Amy Williams, Defense Acquisition Regulations Council, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense Pentagon, Washington, DC 20301–3062. Telephone (703) 602–0328; facsimile (703) 602–0350. Please cite DFARS Case 2004–D035. SUPPLEMENTARY INFORMATION: A. Background PART 219—SMALL BUSINESS PROGRAMS 219.805–1 (B) Native Hawaiian Organization, as used in this subsection and as defined by 15 U.S.C. 637(a)(15) and 13 CFR 124.3, means any community service organization serving Native Hawaiians in the State of Hawaii— (1) That is a not-for-profit organization chartered by the State of Hawaii; (2) That is controlled by Native Hawaiians; and (3) Whose business activities will principally benefit such Native Hawaiians. 10 U.S.C. 2533a (the Berry Amendment) requires DoD to acquire certain items from domestic sources. 10 U.S.C. 2533a(c) provides an exception to this requirement if the Secretary of Defense or the Secretary of the military department concerned determines that satisfactory quality and sufficient quantity of such items cannot be procured as and when needed at U.S. market prices. DoD has issued the following memoranda regarding domestic nonavailability determinations under 10 U.S.C. 2533a(c): The Deputy Secretary of Defense memorandum of May 1, 2001, provides that the Under Secretary of Defense for PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 43073 Acquisition, Technology, and Logistics, and the Secretaries of the military departments may make domestic nonavailability determinations under the Berry Amendment, but may not redelegate this authority. The memorandum also requires an analysis of alternatives, and a certification as to why such alternatives are unacceptable. The Under Secretary of Defense (Acquisition, Technology, and Logistics) memorandum of October 22, 2004, requires Congressional notification of any domestic nonavailability determinations involving titanium or products containing titanium. This final rule amends DFARS 225.7002–2(b) to reflect the requirements of the DoD memoranda. This rule was not subject to Office of Management and Budget review under Executive Order 12866, dated September 30, 1993. B. Regulatory Flexibility Act This rule will not have a significant cost or administrative impact on contractors or offerors, or a significant effect beyond the internal operating procedures of DoD. Therefore, publication for public comment is not required. However, DoD will consider comments from small entities concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. Such comments should cite DFARS Case 2004–D035. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the rule does not impose any 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 Part 225 Government procurement. Michele P. Peterson, Editor, Defense Acquisition Regulations System. Therefore, 48 CFR part 225 is amended as follows: I 1. The authority citation for 48 CFR part 225 continues to read as follows: I Authority: 41 U.S.C. 421 and 48 CFR Chapter 1. PART 225—FOREIGN ACQUISITION 2. Section 225.7002–2 is amended by adding paragraphs (b)(1) through (5) to read as follows: I 225.7002–2 * Exceptions. * * * * (b) * * * (1) The following officials are authorized, without power of E:\FR\FM\26JYR1.SGM 26JYR1

Agencies

[Federal Register Volume 70, Number 142 (Tuesday, July 26, 2005)]
[Rules and Regulations]
[Pages 43072-43073]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14624]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

48 CFR Part 219

[DFARS Case 2004-D031]


Defense Federal Acquisition Regulation Supplement; Sole Source 
8(a) Awards to Small Business Concerns Owned by Native Hawaiian 
Organizations

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: DoD has issued an interim rule amending the Defense Federal 
Acquisition Regulation Supplement (DFARS) to implement DoD 
appropriations act provisions permitting the award of sole source 
contracts to small business concerns owned by Native Hawaiian 
Organizations. The rule applies to manufacturing contacts exceeding 
$5,000,000 and non-manufacturing contracts exceeding $3,000,000 that 
are awarded under the Small Business Administration's 8(a) Program.

DATES: Effective Date: July 26, 2005.
    Comment date: Comments on the interim rule should be submitted to 
the address shown below on or before September 26, 2005 to be 
considered in the formation of the final rule.

ADDRESSES: You may submit comments, identified by DFARS Case 2004-D031, 
using any of the following methods:
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the instructions for submitting comments.
     Defense Acquisition Regulations Web Site: https://
emissary.acq.osd.mil/dar/dfars.nsf/pubcomm. Follow the instructions for 
submitting comments.
     E-mail: dfars@osd.mil. Include DFARS Case 2004-D031 in the 
subject line of the message.
     Fax: (703) 602-0350.
     Mail: Defense Acquisition Regulations Council, Attn: Ms. 
Deborah Tronic, OUSD (AT&L) DPAP (DAR), IMD 3C132, 3062 Defense 
Pentagon, Washington, DC 20301-3062.
     Hand Delivery/Courier: Defense Acquisition Regulations 
Council, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA 
22202-3402.
    All comments received will be posted to https://
emissary.acq.osd.mil/dar/dfars.nsf.

FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, (703) 602-0289.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 8021 of the DoD Appropriations Act for Fiscal Year 2004 
(Pub. L. 108-87) and Section 8021 of the DoD Appropriations Act for 
Fiscal Year 2005 (Pub. L. 108-287) provide funding for the DoD Indian 
Incentive Program, which is implemented in DFARS Subpart 226.1. The 
appropriations act provisions also require that small business concerns 
owned by Native Hawaiian Organizations be provided the same status as 
Indian tribes and Alaska Native Corporations with regard to contract 
awards under the Small Business Administration's (SBA) 8(a) Program. 
Under the 8(a) Program, as implemented in FAR Subpart 19.8, competition 
is required for manufacturing contracts exceeding $5,000,000 and non-
manufacturing contracts exceeding $3,000,000, unless (1) there is not a 
reasonable expectation that at least two eligible and responsible 8(a) 
firms will submit offers at a fair market price, or (2) SBA accepts the 
requirement on behalf of a concern owned by an Indian tribe or an 
Alaska Native Corporation. This interim rule expands the competition 
exceptions to include requirements accepted on behalf of a small 
business concern owned by a Native Hawaiian Organization.
    This rule was not subject to Office of Management and Budget review 
under Executive Order 12866, dated September 30, 1993.

B. Regulatory Flexibility Act

    DoD has prepared an initial regulatory flexibility analysis 
consistent with 5 U.S.C. 603. The analysis is summarized as follows:
    This interim rule amends the DFARS to implement DoD appropriations 
act provisions permitting the award of sole source contracts to small 
business concerns owned by Native Hawaiian Organizations. The rule 
applies to manufacturing contacts exceeding $5,000,000 and non-
manufacturing contracts exceeding $3,000,000 that are awarded under the 
Small Business Administration's 8(a) Program. The objective of the rule 
is to provide small business concerns owned by Native Hawaiian 
Organizations the same status that is provided to Indian tribes and 
Alaska Native Corporations under the 8(a) Program. Awards to these 
entities are exempted from the competition requirements that would 
otherwise apply to award of manufacturing contacts exceeding $5,000,000 
and non-manufacturing contracts exceeding $3,000,000 under the Program. 
The legal basis for the rule is Section 8021 of the DoD Appropriations 
Act for Fiscal Year 2004 (Pub. L. 108-87) and Section 8021 of the DoD 
Appropriations Act for Fiscal Year 2005 (Pub. L. 108-287). The rule 
will benefit small business concerns that are owned by Native Hawaiian 
Organizations by permitting sole source contract awards to these 
concerns.
    A copy of the analysis may be obtained from the point of contact 
specified herein. DoD invites comments from small businesses and other 
interested parties. DoD also will consider comments from small entities 
concerning the affected DFARS subpart in accordance with 5 U.S.C. 610. 
Such comments should be submitted separately and should cite DFARS Case 
2004-D031.

[[Page 43073]]

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply, because the rule does 
not impose any information collection requirements that require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501, 
et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense that urgent and compelling reasons exist to publish an 
interim rule prior to affording the public an opportunity to comment. 
This interim rule implements Section 8021 of the DoD Appropriations Act 
for Fiscal Year 2004 (Pub. L. 108-87) and Section 8021 of the DoD 
Appropriations Act for Fiscal Year 2005 (Pub. L. 108-287). These 
statutes require that small business concerns owned by Native Hawaiian 
Organizations be provided the same status as Indian tribes and Alaska 
Native Corporations with regard to contract awards under the Small 
Business Administration's 8(a) Program. Application of this status will 
permit small business concerns owned by Native Hawaiian Organizations 
to receive sole source contract awards under the 8(a) Program, in 
amounts exceeding the thresholds at which competition would otherwise 
be required. Comments received in response to this interim rule will be 
considered in the formation of the final rule.

List of Subjects in 48 CFR Part 219

    Government procurement.

Michele P. Peterson,
Editor, Defense Acquisition Regulations System.

0
Therefore, 48 CFR part 219 is amended as follows:
0
1. The authority citation for 48 CFR part 219 continues to read as 
follows:

    Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.

PART 219--SMALL BUSINESS PROGRAMS

0
2. Section 219.805-1 is added to read as follows:


219.805-1  General.

    (b)(2)(A) For acquisitions that exceed the competitive threshold 
and use fiscal year 2004 or 2005 appropriated funds, the SBA also may 
accept the requirement for a sole source 8(a) award on behalf of a 
small business concern owned by a Native Hawaiian Organization (Section 
8021 of Pub. L. 108-87 and Section 8021 of Pub. L. 108-287).
    (B) Native Hawaiian Organization, as used in this subsection and as 
defined by 15 U.S.C. 637(a)(15) and 13 CFR 124.3, means any community 
service organization serving Native Hawaiians in the State of Hawaii--
    (1) That is a not-for-profit organization chartered by the State of 
Hawaii;
    (2) That is controlled by Native Hawaiians; and
    (3) Whose business activities will principally benefit such Native 
Hawaiians.

[FR Doc. 05-14624 Filed 7-25-05; 8:45 am]
BILLING CODE 5001-08-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.