Federal Acquisition Regulation; Confirmation of HUBZone Certification, 43581-43583 [05-14669]

Download as PDF Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations materials or labor-hour contracts with small business represent only approximately 2 percent of all contracts. In addition, the rule eases the impact of the current FAR by permitting the contracting officer to use judgment in deciding whether to withhold payments, thus the number of contracts affected is a subset of the 2 percent figure. This change is expected to have a small but beneficial impact on small businesses. furnish material that is regularly sold to the general public in the normal course of business by the contractor and the price is under the limitations prescribed in 16.601(b)(3), the contracting officer shall use the clause with its Alternate I. (ii) If a labor-hour contract is contemplated, and if no specific reimbursement for materials furnished is intended, the contracting officer may use the clause with its Alternate II. (iii) If the contracting officer determines that it is necessary to C. Paperwork Reduction Act withhold payment to protect the Government’s interests, paragraph (a)(2) The Paperwork Reduction Act does of the clause permits the contracting not apply because the changes to the officer to unilaterally issue a FAR do not impose information collection requirements that require the modification requiring the contractor to withhold 5 percent of amounts due, up approval of the Office of Management to a maximum of $50,000 under the and Budget under 44 U.S.C. 3501, et contract. The contracting officer shall seq. ensure that the modification specifies List of Subjects in 48 CFR Parts 14, 32, the percentage and total amount of the and 52 withhold payment. Normally, there Government procurement. should be no need to withhold payment for a contractor with a record of timely Dated: July 20, 2005. submittal of the release discharging the Julia B. Wise, Government from all liabilities, Director, Contract Policy Division. obligations, and claims, as required by I Therefore, DoD, GSA, and NASA paragraph (f) of the clause. amend 48 CFR parts 14, 32, and 52 as set * * * * * forth below: 52.232–8 43581 [Amended] 5. In the introductory text of section 52.232–8, remove ‘‘32.111(c)(1)’’ and add ‘‘32.111(b)(1)’’ in its place. I 52.232–9 [Amended] 6. In the introductory text of section 52.232–9, remove ‘‘32.111(c)(2)’’ and add ‘‘32.111(b)(2)’’ in its place. I 52.232–10 [Amended] 7. In the introductory text of section 52.232–10, remove ‘‘32.111(d)(1)’’ and add ‘‘32.111(c)(1)’’ in its place. I 52.232–11 [Amended] 8. In the introductory text of section 52.232–11, remove ‘‘32.111(d)(2)’’ and add ‘‘32.111(c)(2)’’ in its place. I [FR Doc. 05–14668 Filed 7–26–05; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 19 and 52 1. The authority citation for 48 CFR parts 14, 32, and 52 is revised to read as follows: PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES [FAC 2005–05; FAR Case 2005–009; Item IV] Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). I I 4. Amend section 52.232–7 by— a. Removing from the introductory text ‘‘32.111(b)’’ and adding ‘‘32.111(a)(7)’’ in its place; I b. Revising the date of the clause; and I c. Revising paragraph (a)(2). The revised text reads as follows: RIN 9000–AK22 I PART 14—SEALED BIDDING 14.408–3 [Amended] 2. Amend section 14.408–3 in paragraph (b) by removing ‘‘See 32.111(c)(1),’’ and adding ‘‘See 32.111(b)(1),’’ in its place. I 52.232–7 Payments under Time-andMaterials and Labor-Hour Contracts. * PART 32—CONTRACT FINANCING 3. Amend section 32.111 by— a. Removing from the end of paragraph (a)(5) the word ‘‘and’’; I b. Removing the period from the end of paragraph (a)(6) and adding ‘‘; and’’ in its place; I c. Adding paragraph (a)(7); I d. Removing paragraph (b); and I e. Redesignating paragraphs (c) and (d) as (b) and (c), respectively. The added text reads as follows: I I 32.111 Contract clauses for noncommercial purchases. (a) * * * (7) The clause at 52.232–7, Payments under Time-and-Materials and LaborHour Contracts, in solicitations and contracts when a time-and-materials or labor-hour contract is contemplated. (i) If the nature of the work to be performed requires the contractor to VerDate jul<14>2003 18:07 Jul 26, 2005 Jkt 205001 * * * * PAYMENTS UNDER TIME-ANDMATERIALS AND LABOR-HOUR CONTRACTS (AUG 2005) * * * * * (a) * * * (2) Unless otherwise prescribed in the Schedule, the Contracting Officer may unilaterally issue a contract modification requiring the Contractor to withhold amounts from its billings until a reserve is set aside in an amount that the Contracting Officer considers necessary to protect the Government’s interests. The Contracting Officer may require a withhold of 5 percent of the amounts due under paragraph (a), but the total amount withheld for the contract shall not exceed $50,000. The amounts withheld shall be retained until the Contractor executes and delivers the release required by paragraph (f) of this clause. * * * * * PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 Federal Acquisition Regulation; Confirmation of HUBZone Certification Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Interim rule with request for comments. AGENCIES: SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) have agreed to an interim rule amending the Federal Acquisition Regulation (FAR) to clarify that prime contractors must confirm that a subcontractor representing itself as a Historically Underutilized Business Zone (HUBZone) small business concern is certified, consistent with the requirements of 15 U.S.C. 632 et seq., as amended. DATES: Effective Date: July 27, 2005. Comment Date: Interested parties should submit comments to the FAR Secretariat at the address shown below on or before September 26, 2005 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAC 2005–05, FAR case E:\FR\FM\27JYR3.SGM 27JYR3 43582 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations 2005–009, by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Follow the instructions for submitting comments. • Agency Web Site: http:// www.acqnet.gov/far/ProposedRules/ proposed.htm. Click on the FAR case number to submit comments. • E-mail: farcase.2005–009@gsa.gov. Include FAC 2005–05, FAR case 2005– 009 in the subject line of the message. • Fax: 202–501–4067. • Mail: General Services Administration, Regulatory Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann Duarte, Washington, DC 20405. Instructions: Please submit comments only and cite FAC 2005–05, FAR case 2005–009, in all correspondence related to this case. All comments received will be posted without change to http:// www.acqnet.gov/far/ProposedRules/ proposed.htm, including any personal information provided. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755, for information pertaining to status or publication schedules. For clarification of content, contact Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501– 0044. Please cite FAC 2005–05, FAR case 2005–009. SUPPLEMENTARY INFORMATION: A. Background Title 15 of the United States Code, section 632 requires that a qualified Historically Underutilized Business Zone (HUBZone) small business concern be certified by the Small Business Administration (SBA). A Department of Defense Inspector General report D–2003–019 ‘‘DoD Contractor Subcontracting With Historically Underutilized Business Zones (HUBZones) Small Businesses’’ found that prime contractors were overstating their HUBZone accomplishments because subcontractor’s representations were not being verified. The FAR is being revised to clarify that prime contractors must confirm a subcontractor representing itself as a HUBZone small business concern is certified, consistent with the requirements of 15 U.S.C. 632 et seq., as amended. The specific changes revise FAR 19.703 and the clause at 52.219–9 to clarify that contractors shall confirm that a subcontractor representing itself as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing the Central Contractor Registration or by contacting the SBA. VerDate jul<14>2003 16:07 Jul 26, 2005 Jkt 205001 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 changes may 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 this rule change will have a positive effect on small businesses who are certified HUBZone small business concerns and are losing subcontracting opportunities taken by another company falsely claiming to be a certified HUBZone small business concern. The FAR Secretariat has submitted a copy of the Initial Regulatory Flexibility Analysis to the Chief Counsel for Advocacy of the Small Business Administration. The analysis is summarized as follows: Title 15 of the United States Code, section 632 requires that a qualified Historically Underutilized Business Zone (HUBZone) small business concern be on the list of qualified HUBZone small business concerns maintained by the Small Business Administration. A Department of Defense Inspector General report D–2003–019 ‘‘DoD Contractor Subcontracting With Historically Underutilized Business Zones (HUBZones) Small Businesses’’ found that prime contractors were overstating their HUBZone accomplishments because subcontractor’s representations were not being verified. This interim rule revises the Federal Acquisition Regulation to require prime contractors to verify that its HUBZone small business concerns are qualified as required by 15 U.S.C. 632 et seq., as amended. The changes may 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 certified HUBZone small business concerns will have additional subcontracting opportunities previously taken by other companies falsely claiming to be certified HUBZone small business concerns. Interested parties may obtain a copy from the FAR Secretariat. The Councils will consider comments from small entities concerning the affected FAR Parts 19 and 52 in accordance with 5 U.S.C. 610. Interested parties must submit such comments separately and should cite 5 U.S.C 601, et seq. (FAC 2005–05, FAR case 2005–009), in correspondence. 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 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 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 (DoD), the Administrator of General Services (GSA), and the Administrator of the National Aeronautics and Space Administration (NASA) that urgent and compelling reasons exist to promulgate this interim rule without prior opportunity for public comment. This action is necessary because some subcontractors incorrectly claim to be certified HUBZone small business concerns. Since prime contractors are not currently required to verify their subcontractors’ HUBZone certifications through the SBA prior to reporting their subcontracting awards to DoD, many real HUBZone small business concerns are losing opportunities that they should have. This also results in the reporting of inaccurate data on the HUBZone program to Congress and SBA. Awards to improperly certified subcontractors can be stopped immediately, if prime contractors make a simple check on the CCR database or contact SBA. Pursuant to Public Law 98–577 and FAR 1.501, the Councils will consider public comments received in response to this interim rule in the formation of the final rule. List of Subjects in 48 CFR Parts 19 and 52 Government procurement. Dated: July 20. 2005. Julia B. Wise, Director, Contract Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR parts 19 and 52 as set forth below: I 1. The authority citation for 48 CFR parts 19 and 52 is revised to read as follows: I Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c). PART 19—SMALL BUSINESS PROGRAMS 2. Amend section 19.703 by— a. Removing ‘‘HUBZone small business,’’ from the first sentence of paragraph (b); I b. Removing the last sentence of paragraph (b); and I c. Adding paragraph (c) to read as follows: I I 19.703 Eligibility requirements for participating in the program. * * * * * (c)(1) The contractor shall confirm that a subcontractor representing itself E:\FR\FM\27JYR3.SGM 27JYR3 Federal Register / Vol. 70, No. 143 / Wednesday, July 27, 2005 / Rules and Regulations as a HUBZone small business concern is certified by SBA as a HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting the SBA. Options for contacting the SBA include— (i) HUBZone web page at http:// dsbs.sba.gov/dsbs/ dsplsearchhubzone.cfm; (ii) In writing to the AA/HUB at U.S. Small Business Administration, 409 3rd Street, S.W., Washington DC 20416; or (iii) E-mail at hubzone@sba.gov. (2) Protests challenging HUBZone small business concern size status must be filed in accordance with 13 CFR 121.411. PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.212–5 by— I a. Revising the date of the clause; and I b. Removing from paragraph (b)(8)(i) ‘‘(JAN 2002’’) and adding ‘‘(JUL 2005’’). The revised and added text reads as follows: I 52.212–5 Contract Terms and Conditions Required to Implement Statutes or Executive Orders—Commercial Items. * * * * * CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JUL 2005) * * * * * I 4. Amend section 52.219–9 by— I a. Revising the date of the clause; I b. Redesignating paragraph (e)(4) as paragraph (e)(5); and I c. Adding a new paragraph (e)(4). The revised and added text reads as follows: 52.219–9 Plan. * Small Business Subcontracting * * * * SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005) * * * * (e) * * * (4) Confirm that a subcontractor representing itself as a HUBZone small business concern is identified as a certified HUBZone small business concern by accessing the Central Contractor Registration (CCR) database or by contacting SBA. * * * * * [FR Doc. 05–14669 Filed 7–26–05; 8:45 am] VerDate jul<14>2003 18:07 Jul 26, 2005 Jkt 205001 GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 45 and 52 [FAC 2005–05; FAR Case 2002–015; Item V] RIN 9000–AJ99 Federal Acquisition Regulation; Government Property Rental and Special Tooling AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. 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 incorporate a class deviation regarding use and charges, which has been applicable to the Department of Defense since 1998. This deviation is appropriate for application across the Federal Government. The change clarifies the basis for determining the rental charges for the use of Government property and is intended to promote the dual use of such property. The final rule specifically impacts contracting officers, property administrators, and contractors responsible for the management of Government property. DATES: Effective Date: August 26, 2005. FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501–4755 for information pertaining to status or publication schedules. For clarification of content, contact Ms. Jeritta Parnell, Procurement Analyst, at (202) 501– 4082. Please cite FAC 2005–05, FAR case 2002–015. SUPPLEMENTARY INFORMATION: A. Background * BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE DoD, GSA, and NASA published a proposed rule in the Federal Register at 69 FR 42544, July 15, 2004, to incorporate two Department of Defense class deviations, 98–O0010, Use and Charges, and 98–O0011, Special Tooling, into FAR Part 45 and make appropriate revisions to FAR 52.245–9, Use and Charges, and FAR 52.245–17, Special Tooling. The final rule establishes, as the basis for rental charges, the time property is actually used for commercial purposes, rather PO 00000 Frm 00009 Fmt 4701 Sfmt 4700 43583 than the time available for use; permits contractors to obtain property appraisals from independent appraisers; permits appraisal-based rentals for all property; and allows contracting officers to consider alternate bases for determining rentals. The final rule does not change the requirements for special tooling as originally proposed by the Councils because the Councils are now considering deleting the clause in its entirety rather than revising it based on comments received on the proposed rule. The Councils plan to solicit comments on the proposed deletion of the FAR clause at 52.245–17, Special Tooling, under another proposed rule. Four respondents provided public comments. Consideration of these comments resulted in only minor administrative changes to the proposed rule. The resolution of the comments follows: Summary of Comments Received/ Disposition 1. Proposed Rule (PR): 52.245–9. Deviation to the clause at 52.245–9 sets a fair and equitable method for applying a rent usage when Government property is used for commercial purposes or existing Government property is used for future contracts and equitable adjustment is needed to eliminate unfair competitive advantage. Concur. 2. PR: 52.245–17. All respondents proposed the elimination of the special tooling clause.The Councils plan to solicit comments on the proposed deletion of the FAR clause at 52.245–17, Special Tooling, under another proposed rule. 3. PR: 52.245–9(h). Amend paragraph (h) to strike ‘‘person’’ and replace it with ‘‘contractor.’’ Rationale is that a company would control their personnel through their administrative procedures when wrong is discovered and the Government may control the contractor in a like manner. Nonconcur. The legal basis for this citation, 18 U.S.C. 641, applies to an individual, as well as a corporate entity. 4. PR: 52.245–9. It may make sense to provide a time frame where an immediate need for usage of property from another contract becomes imminent and use of the property would not interfere with the owning contract, and the ACO is not available for authorization, a period of 48 hours, documented by the losing contract, would be allowed for transfer of tooling and use of such tooling be paid for at a higher rate than the proposed schedule. Tooling would be returned immediately if authorization were not received. E:\FR\FM\27JYR3.SGM 27JYR3

Agencies

[Federal Register Volume 70, Number 143 (Wednesday, July 27, 2005)]
[Rules and Regulations]
[Pages 43581-43583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14669]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 19 and 52

[FAC 2005-05; FAR Case 2005-009; Item IV]
RIN 9000-AK22


Federal Acquisition Regulation; Confirmation of HUBZone 
Certification

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comments.

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

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) have agreed to an interim 
rule amending the Federal Acquisition Regulation (FAR) to clarify that 
prime contractors must confirm that a subcontractor representing itself 
as a Historically Underutilized Business Zone (HUBZone) small business 
concern is certified, consistent with the requirements of 15 U.S.C. 632 
et seq., as amended.

DATES: Effective Date: July 27, 2005.
    Comment Date: Interested parties should submit comments to the FAR 
Secretariat at the address shown below on or before September 26, 2005 
to be considered in the formulation of a final rule.

ADDRESSES: Submit comments identified by FAC 2005-05, FAR case

[[Page 43582]]

2005-009, by any of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the instructions for submitting comments.
     Agency Web Site: http://www.acqnet.gov/far/ProposedRules/
proposed.htm. Click on the FAR case number to submit comments.
     E-mail: farcase.2005-009@gsa.gov. Include FAC 2005-05, FAR 
case 2005-009 in the subject line of the message.
     Fax: 202-501-4067.
     Mail: General Services Administration, Regulatory 
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann 
Duarte, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-05, FAR 
case 2005-009, in all correspondence related to this case. All comments 
received will be posted without change to http://www.acqnet.gov/far/
ProposedRules/proposed.htm, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (202) 501-4755, 
for information pertaining to status or publication schedules. For 
clarification of content, contact Ms. Rhonda Cundiff, Procurement 
Analyst, at (202) 501-0044. Please cite FAC 2005-05, FAR case 2005-009.

SUPPLEMENTARY INFORMATION:

A. Background

    Title 15 of the United States Code, section 632 requires that a 
qualified Historically Underutilized Business Zone (HUBZone) small 
business concern be certified by the Small Business Administration 
(SBA). A Department of Defense Inspector General report D-2003-019 
``DoD Contractor Subcontracting With Historically Underutilized 
Business Zones (HUBZones) Small Businesses'' found that prime 
contractors were overstating their HUBZone accomplishments because 
subcontractor's representations were not being verified. The FAR is 
being revised to clarify that prime contractors must confirm a 
subcontractor representing itself as a HUBZone small business concern 
is certified, consistent with the requirements of 15 U.S.C. 632 et 
seq., as amended.
    The specific changes revise FAR 19.703 and the clause at 52.219-9 
to clarify that contractors shall confirm that a subcontractor 
representing itself as a HUBZone small business concern is certified by 
SBA as a HUBZone small business concern by accessing the Central 
Contractor Registration or by contacting the SBA.
    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 changes may 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 this rule change will 
have a positive effect on small businesses who are certified HUBZone 
small business concerns and are losing subcontracting opportunities 
taken by another company falsely claiming to be a certified HUBZone 
small business concern. The FAR Secretariat has submitted a copy of the 
Initial Regulatory Flexibility Analysis to the Chief Counsel for 
Advocacy of the Small Business Administration. The analysis is 
summarized as follows:
    Title 15 of the United States Code, section 632 requires that a 
qualified Historically Underutilized Business Zone (HUBZone) small 
business concern be on the list of qualified HUBZone small business 
concerns maintained by the Small Business Administration. A 
Department of Defense Inspector General report D-2003-019 ``DoD 
Contractor Subcontracting With Historically Underutilized Business 
Zones (HUBZones) Small Businesses'' found that prime contractors 
were overstating their HUBZone accomplishments because 
subcontractor's representations were not being verified. This 
interim rule revises the Federal Acquisition Regulation to require 
prime contractors to verify that its HUBZone small business concerns 
are qualified as required by 15 U.S.C. 632 et seq., as amended.
    The changes may 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 certified 
HUBZone small business concerns will have additional subcontracting 
opportunities previously taken by other companies falsely claiming 
to be certified HUBZone small business concerns.
    Interested parties may obtain a copy from the FAR Secretariat. The 
Councils will consider comments from small entities concerning the 
affected FAR Parts 19 and 52 in accordance with 5 U.S.C. 610. 
Interested parties must submit such comments separately and should cite 
5 U.S.C 601, et seq. (FAC 2005-05, FAR case 2005-009), in 
correspondence.

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.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary because some subcontractors incorrectly claim to be 
certified HUBZone small business concerns. Since prime contractors are 
not currently required to verify their subcontractors' HUBZone 
certifications through the SBA prior to reporting their subcontracting 
awards to DoD, many real HUBZone small business concerns are losing 
opportunities that they should have. This also results in the reporting 
of inaccurate data on the HUBZone program to Congress and SBA. Awards 
to improperly certified subcontractors can be stopped immediately, if 
prime contractors make a simple check on the CCR database or contact 
SBA. Pursuant to Public Law 98-577 and FAR 1.501, the Councils will 
consider public comments received in response to this interim rule in 
the formation of the final rule.

List of Subjects in 48 CFR Parts 19 and 52

    Government procurement.

    Dated: July 20. 2005.
Julia B. Wise,
Director, Contract Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 19 and 52 as set forth 
below:
0
1. The authority citation for 48 CFR parts 19 and 52 is revised to read 
as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 19--SMALL BUSINESS PROGRAMS

0
2. Amend section 19.703 by--
0
a. Removing ``HUBZone small business,'' from the first sentence of 
paragraph (b);
0
b. Removing the last sentence of paragraph (b); and
0
c. Adding paragraph (c) to read as follows:


19.703  Eligibility requirements for participating in the program.

* * * * *
    (c)(1) The contractor shall confirm that a subcontractor 
representing itself

[[Page 43583]]

as a HUBZone small business concern is certified by SBA as a HUBZone 
small business concern by accessing the Central Contractor Registration 
(CCR) database or by contacting the SBA. Options for contacting the SBA 
include--
    (i) HUBZone web page at http://dsbs.sba.gov/dsbs/dsp_
searchhubzone.cfm;
    (ii) In writing to the AA/HUB at U.S. Small Business 
Administration, 409 3rd Street, S.W., Washington DC 20416; or
    (iii) E-mail at hubzone@sba.gov.
    (2) Protests challenging HUBZone small business concern size status 
must be filed in accordance with 13 CFR 121.411.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 52.212-5 by--
0
a. Revising the date of the clause; and
0
b. Removing from paragraph (b)(8)(i) ``(JAN 2002'') and adding ``(JUL 
2005'').
    The revised and added text reads as follows:


52.212-5  Contract Terms and Conditions Required to Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR 
EXECUTIVE ORDERS--COMMERCIAL ITEMS (JUL 2005)

* * * * *
0
4. Amend section 52.219-9 by--
0
a. Revising the date of the clause;
0
b. Redesignating paragraph (e)(4) as paragraph (e)(5); and
0
c. Adding a new paragraph (e)(4).
    The revised and added text reads as follows:


52.219-9  Small Business Subcontracting Plan.

* * * * *

SMALL BUSINESS SUBCONTRACTING PLAN (JUL 2005)

* * * * *
    (e) * * *
    (4) Confirm that a subcontractor representing itself as a HUBZone 
small business concern is identified as a certified HUBZone small 
business concern by accessing the Central Contractor Registration (CCR) 
database or by contacting SBA.
* * * * *
[FR Doc. 05-14669 Filed 7-26-05; 8:45 am]
BILLING CODE 6820-EP-S