Defense Federal Acquisition Regulation Supplement; Small Business Programs (DFARS Case 2003-D047), 9303-9305 [06-1636]
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Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Proposed Rules
9303
• Delete text containing procedures
for referring matters to the Small
Business Administration; procedures for
processing contract awards under the
8(a) Program; and information on the
DoD test program for negotiation of
comprehensive small business
subcontracting plans. Text on these
subjects will be relocated to the new
DFARS companion resource,
Procedures, Guidance, and Information
(PGI). Additional information on PGI is
available at https://www.acq.osd.mil/
dpap/dars/pgi.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
articulate legal arguments in support of
or in opposition to a proposed exempted
class of works is useful, testimony from
witnesses who can explain and
demonstrate pertinent facts is
encouraged.
An LCD projector and screen will be
available in the hearing rooms. Other
electronic or audiovisual equipment
necessary for a presentation should be
brought by the person testifying.
Persons intending to bring such
equipment into the Library of Congress,
e.g., laptops, slide projectors, etc., are
encouraged to give the Office advance
notice and to arrive early in order to
clear security screening by the Library
police.
The Office intends to organize
individual sessions of the hearings
around particular or related classes of
works proposed for exemption. If a
request to testify involves more than one
proposed exemption or related
exemption, please specify, in order of
preference, the proposed exemptions on
which you would prefer to testify.
Following receipt of the requests to
testify, the Copyright Office will prepare
an agenda of the hearings which will be
posted on the Copyright Office Web site
at: https://www.copyright.gov/1201/ and
sent to all persons who have submitted
requests to testify. The Copyright Office
will also provide additional information
on directions and parking for all persons
testifying at the Palo Alto, CA round of
hearings. To facilitate this process, it is
essential that all of the required
information listed above be included in
a request to testify.
SUMMARY: DoD is proposing to amend
the Defense Federal Acquisition
Regulation Supplement (DFARS) to
update text pertaining to small business
programs. This proposed rule is a result
of a transformation initiative undertaken
by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Comments on the proposed rule
should be submitted in writing to the
address shown below on or before April
24, 2006, to be considered in the
formation of the final rule.
ADDRESSES: You may submit comments,
identified by DFARS Case 2003–D047,
using any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
• E-mail: dfars@osd.mil. Include
DFARS Case 2003–D047 in the subject
line of the message.
• Fax: (703) 602–0350.
• Mail: Defense Acquisition
Regulations System, Attn: Ms. Deborah
Tronic, OUSD (AT&L) DPAP (DARS),
IMD 3C132, 3062 Defense Pentagon,
Washington, DC 20301–3062.
• Hand Delivery/Courier: Defense
Acquisition Regulations System, Crystal
Square 4, Suite 200A, 241 18th Street,
Arlington, VA 22202–3402.
Comments received generally will be
posted without change to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Tronic, (703) 602–0289.
SUPPLEMENTARY INFORMATION:
DoD does not expect this rule to 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 updates and clarifies
DFARS text, but makes no significant
change to DoD policy for contracting
with small business concerns.
Therefore, DoD has not performed an
initial regulatory flexibility analysis.
DoD invites comments from small
businesses and other interested parties.
DoD also will consider comments from
small entities concerning the affected
DFARS subparts in accordance with 5
U.S.C. 610. Such comments should be
submitted separately and should cite
DFARS Case 2003–D047.
A. Background
C. Paperwork Reduction Act
Dated: February 16, 2006.
David O. Carson,
Copyright General Counsel.
[FR Doc. E6–2571 Filed 2–22–06; 8:45 am]
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/
dfars/transformation/index.htm.
This proposed rule is a result of the
DFARS Transformation initiative. The
proposed DFARS changes—
• Update and clarify requirements for
contracting with small business and
small disadvantaged business concerns;
and
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.
BILLING CODE 1410–30–S
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Parts 219 and 252
RIN 0750–AE93
cchase on PROD1PC60 with PROPOSALS
Defense Federal Acquisition
Regulation Supplement; Small
Business Programs (DFARS Case
2003–D047)
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Proposed rule with request for
comments.
AGENCY:
VerDate Aug<31>2005
16:48 Feb 22, 2006
Jkt 208001
PO 00000
Frm 00026
Fmt 4702
Sfmt 4702
B. Regulatory Flexibility Act
List of Subjects in 48 CFR Parts 219 and
252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, DoD proposes to amend 48
CFR parts 219 and 252 as follows:
1. The authority citation for 48 CFR
parts 219 and 252 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
PART 219—SMALL BUSINESS
PROGRAMS
2. Section 219.000 is revised to read
as follows:
E:\FR\FM\23FEP1.SGM
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9304
219.000
Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Proposed Rules
Scope of part.
This part also implements 10 U.S.C.
2323, which—
(1) Is applicable to DoD through fiscal
year 2009; and
(2) Establishes goals for awards to
small disadvantaged business (SDB)
concerns, historically black colleges and
universities (HBCUs), and minority
institutions (MIs). See subpart 226.70
for policy on contracting with HBCU/
MIs.
219.202–1
[Removed]
3. Section 219.202–1 is removed.
4. Section 219.602 is revised to read
as follows:
219.602
Procedures.
When making a nonresponsibility
determination for a small business
concern, follow the procedures at PGI
219.602.
219.602–1 and 219.602–3
[Removed]
Statutory requirements.
(1) Section 834 of Public Law 101–
189, as amended (15 U.S.C. 637 note),
requires DoD to establish a test program
to determine whether comprehensive
subcontracting plans on a corporate,
division, or plant-wide basis will reduce
administrative burdens while enhancing
subcontracting opportunities for small
and small disadvantaged business
concerns. See PGI 219.702 for the
requirements of the test program.
(2) Comprehensive subcontracting
plans shall not be subject to application
of liquidated damages during the period
of the test program (Section 402, Public
Law 101–574).
219.703
[Amended]
7. Section 219.703 is amended in
paragraph (a)(2)(B) by removing ‘‘Small,
Small Disadvantaged and WomenOwned’’.
8. Section 219.704 is revised to read
as follows:
cchase on PROD1PC60 with PROPOSALS
219.704 Subcontracting plan
requirements.
(1) The goal for use of small
disadvantaged business concerns shall
include subcontracts with historically
black colleges and universities and
minority institutions (see subpart
226.70), in addition to subcontracts with
small disadvantaged business concerns.
Subcontracts with historically black
colleges and universities and minority
institutions do not have to be included
in the small disadvantaged business
goal in commercial items subcontracting
plans.
VerDate Aug<31>2005
16:33 Feb 22, 2006
Jkt 208001
219.705–2
9. Section 219.705–2 is removed.
10. Section 219.708 is amended by
revising paragraph (b)(1) to read as
follows:
(b)(1)(A) Use the clause at 252.219–
7003, Small Business Subcontracting
Plan (DoD Contracts), in solicitations
and contracts that contain the clause at
FAR 52.219–9, Small Business
Subcontracting Plan.
(B) In contracts with contractors that
have comprehensive subcontracting
plans approved under the test program
described in 219.702, use the clause at
252.219–7004, Small Business
Subcontracting Plan (Test Program),
instead of the clauses at 252.219–7003,
Small Business Subcontracting Plan
(DoD Contracts), and FAR 52.219–9,
Small Business Subcontracting Plan.
*
*
*
*
*
11. Section 219.800 is amended by
revising paragraph (a) to read as follows:
219.800
General.
(a) By Partnership Agreement (PA)
between the Small Business
Administration (SBA) and the
Department of Defense (DoD), the SBA
delegated to the Under Secretary of
Defense (Acquisition, Technology, and
Logistics) its authority under paragraph
8(a)(1)(A) of the Small Business Act (15
U.S.C. 637(a)) to enter into 8(a) prime
contracts, and its authority under
8(a)(1)(B) of the Small Business Act to
award the performance of those
contracts to eligible 8(a) Program
participants. However, the SBA remains
the prime contractor on all 8(a)
contracts, continues to determine
eligibility of concerns for contract
award, and retains appeal rights under
FAR 19.810. The SBA delegates only the
authority to sign contracts on its behalf.
Consistent with the provisions of the
PA, this authority is hereby redelegated
to DoD contracting officers. This
authority expires on September 30,
PO 00000
Frm 00027
Fmt 4702
2006. A copy of the PA is available at
PGI 219.800.
*
*
*
*
*
12. Section 219.803 is revised to read
as follows:
219.803 Selecting acquisitions for the 8(a)
Program.
When selecting acquisitions for the
8(a) Program, follow the procedures at
PGI 219.803.
13. Section 219.804–2 is revised to
read as follows:
219.804–2
[Removed]
219.708 Solicitation provisions and
contract clauses.
5. Sections 219.602–1 and 219.602–3
are removed.
6. Section 219.702 is revised to read
as follows:
219.702
(2) In those subcontracting plans
which specifically identify small
businesses, prime contractors shall
notify the administrative contracting
officer of any substitutions of such
firms. Notifications shall be in writing
and shall occur within a reasonable
period of time after award of the
subcontract. Contractor-specified
formats shall be acceptable.
(3) See 215.304 for evaluation of offers
in acquisitions that require a
subcontracting plan.
Sfmt 4702
Agency offering.
When processing requirements under
the PA, follow the procedures at PGI
219.804–2.
219.804–3
[Removed]
14. Section 219.804–3 is removed.
15. Section 219.805–2 is revised to
read as follows:
219.805–2
Procedures.
When processing requirements under
the PA, follow the procedures at PGI
219.805–2 for requesting eligibility
determinations.
16. Sections 219.808–1 and 219.811
are revised to read as follows:
219.808–1
Sole source.
For sole source requirements
processed under the PA, follow the
procedures at PGI 219.808–1.
219.811
Preparing the contracts.
For preparing awards under the PA,
follow the procedures at PGI 219.811.
219.811–1 and 219.811–2
[Removed]
17. Sections 219.811–1 and 219.811–
2 are removed.
18. Section 219.811–3 is amended by
revising paragraph (3) to read as follows:
219.811–3
Contract clauses.
*
*
*
*
*
(3) Use the clause at 252.219–7011,
Notification to Delay Performance, in
solicitations and purchase orders issued
under the PA cited in 219.800.
219.812
[Removed]
19. Section 219.812 is removed.
20. Section 219.1101 is added to read
as follows:
219.1101
General.
The determination to use or suspend
the price evaluation adjustment for DoD
acquisitions can be found at https://
www.acq.osd.mil/dpap/dars/classdev/
index.htm.
PART 252—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
21. Section 252.219–7003 is amended
by revising the section heading, the
E:\FR\FM\23FEP1.SGM
23FEP1
Federal Register / Vol. 71, No. 36 / Thursday, February 23, 2006 / Proposed Rules
clause title and date, the introductory
text preceding paragraph (a), and
paragraph (g) to read as follows:
252.219–7003 Small business
subcontracting plan (DoD contracts).
*
*
*
*
*
SMALL BUSINESS SUBCONTRACTING
PLAN (DOD CONTRACTS) (XXX 2006)
This clause supplements the Federal
Acquisition Regulation 52.219–9, Small
Business Subcontracting Plan, clause of
this contract.
*
*
*
*
*
(g) In those subcontracting plans
which specifically identify small
businesses, the Contractor shall notify
the Administrative Contracting Officer
of any substitutions of such firms.
Notifications shall be in writing and
shall occur within a reasonable period
of time after award of the subcontract.
Contractor-specified formats shall be
acceptable.
22. Section 252.219–7004 is amended
by revising the section heading, the
clause title and date, and paragraph (d)
to read as follows:
252.219–7004 Small business
subcontracting plan (test program).
*
*
*
*
*
SMALL BUSINESS SUBCONTRACTING
PLAN (TEST PROGRAM) (XXX 2006)
*
*
*
*
*
(d) The failure of the Contractor or
subcontractor to comply in good faith
with (1) the clause of this contract
entitled ‘‘Utilization of Small Business
Concerns,’’ or (2) an approved plan
required by this clause, shall be a
material breach of the contract.
[FR Doc. 06–1636 Filed 2–22–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety
Administration
49 CFR Part 383
[Docket No. FMCSA–1997–2181]
RIN 2126–AA03
Commercial Driver Instruction Permits;
Withdrawal
Federal Motor Carrier Safety
Administration (FMCSA), Department
of Transportation (DOT).
ACTION: Notice of Proposed Rulemaking
(NPRM), withdrawal.
cchase on PROD1PC60 with PROPOSALS
AGENCY:
SUMMARY: FMCSA withdraws its notice
of proposed rulemaking (NPRM) on
VerDate Aug<31>2005
16:33 Feb 22, 2006
Jkt 208001
additional minimum Federal standards
for State-issued learner’s permits that
allow drivers to be trained in the
operation of commercial motor vehicles
(CMVs). The NPRM requesting
comments was published on August 22,
1990, at 55 FR 34478. The comment
period was extended to November 30,
1990 (55 FR 42741, October 23, 1990).
FMCSA determined that the issues
addressed in the NPRM and the public
comments on these issues do not reflect
many initiatives and activities that
occurred after publication of the NPRM.
Therefore, the 1990 NPRM is obsolete
and it is in the public interest to
withdraw it.
DATES: The NPRM with request for
comments published on August 22,
1990, is withdrawn as of February 23,
2006.
FOR FURTHER INFORMATION CONTACT: Mr.
Robert Redmond, Senior Transportation
Specialist, (202) 366–5014, Federal
Motor Carrier Safety Administration,
400 Seventh Street, SW., Washington,
DC 20590–0001. Office hours are 7:45
a.m. to 4:15 p.m., ET, Monday through
Friday, except Federal holidays.
SUPPLEMENTARY INFORMATION:
Background
The commercial driver’s license (CDL)
program, established by the Commercial
Motor Vehicle Safety Act (CMVSA) of
1986 [Pub. L. 99–570, October 27, 1986,
100 Stat. 3207–170] is an evolving
program. Part 383 of Title 49, Code of
Federal Regulations, implements the
CMVSA (currently codified at 49 U.S.C.
31301 et seq.). As of April 1, 1992, it
prohibits any person who does not
possess a CDL or learner’s permit issued
by his or her State of domicile from
operating a CMV requiring a CDL. The
prohibition impacts driver-training
activities by limiting trainees to their
State of domicile to receive training and
behind-the-wheel experience, and take
the skills test necessary to obtain a CDL.
This creates problems because
commercial driver training facilities are
not equally available in all States.
To address this and other issues such
as lack of uniformity of duration of
learners’ permits, associated driver
history recordkeeping, and test
reciprocity between States, the Federal
Highway Administration (FHWA)
published an NPRM to: (1) Propose
standards for issuing a learner’s permit;
(2) make it easier for out-of-State drivers
to obtain on-the-road skills-training
operating a CMV; and (3) make it easier
for such drivers to obtain a CDL outside
their State of domicile. The NPRM
proposed additional minimum Federal
requirements for a learner’s permit,
PO 00000
Frm 00028
Fmt 4702
Sfmt 4702
9305
which was referred to as a commercial
driver’s instruction permit (CDIP).
FHWA’s intent was to establish
minimum standards, uniformity, and
reciprocity for commercial instructional
permits and to remove impediments to
driver training caused by CDL residency
requirements.
Effective January 1, 2000, DOT
transferred responsibility for motor
carrier functions and operations to
FMCSA (64 FR 72959, December 29,
1999). In the discussion below, the
governing agency is referred to as
FMCSA, regardless of whether the
action described occurred before or after
this transfer of responsibility.
Comments Received on the NPRM
The NPRM requested comments from
interested parties by October 22, 1990,
and this comment period was later
extended through November 30, 1990.
As of August 1, 2005, there were 65
submissions to the NPRM docket; the
last comment was posted in the docket
on October 17, 1995. FMCSA reviewed
all comments regardless of submission
date. Of the 65 submissions, 58 are
directly related to the proposed rule,
three are letters addressed to Members
of Congress requesting support for the
rule, one amended a previous comment,
two addressed other issues indirectly
related to the proposed rule, and one
contains a petition to extend the
comment period. The largest single
group of commenters was State driver
licensing officials. The majority of
commenters opposed the proposal put
forward by FMCSA, but proposed an
alternative approach developed by the
American Association of Motor Vehicle
Administrators (AAMVA).
Learner’s Permit for Out-of-State
Residents
Two fundamental issues raised in the
1990 NPRM concerned problems
obtaining on-the-road skills-training and
taking the CDL skills test in a
representative vehicle because States are
prohibited from issuing a permit or CDL
to a driver not domiciled in that
jurisdiction. This limits the ability of
drivers to obtain required on-the-road
skills-training, and obtain a learner’s
permit or temporary CDL in States
where they are not permanently
domiciled.
The NPRM proposed amending 49
CFR 383.23 to allow any jurisdiction
where the driver receives training, even
if it is not the State of domicile, to issue
a learner’s permit. The intent was to
address the problem that commercial
driver training facilities are not equally
available in all States.
E:\FR\FM\23FEP1.SGM
23FEP1
]]>Agencies
[Federal Register Volume 71, Number 36 (Thursday, February 23, 2006)]
[Proposed Rules]
[Pages 9303-9305]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-1636]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Parts 219 and 252
RIN 0750-AE93
Defense Federal Acquisition Regulation Supplement; Small Business
Programs (DFARS Case 2003-D047)
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Proposed rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: DoD is proposing to amend the Defense Federal Acquisition
Regulation Supplement (DFARS) to update text pertaining to small
business programs. This proposed rule is a result of a transformation
initiative undertaken by DoD to dramatically change the purpose and
content of the DFARS.
DATES: Comments on the proposed rule should be submitted in writing to
the address shown below on or before April 24, 2006, to be considered
in the formation of the final rule.
ADDRESSES: You may submit comments, identified by DFARS Case 2003-D047,
using any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the instructions for submitting comments.
E-mail: dfars@osd.mil. Include DFARS Case 2003-D047 in the
subject line of the message.
Fax: (703) 602-0350.
Mail: Defense Acquisition Regulations System, Attn: Ms.
Deborah Tronic, OUSD (AT&L) DPAP (DARS), IMD 3C132, 3062 Defense
Pentagon, Washington, DC 20301-3062.
Hand Delivery/Courier: Defense Acquisition Regulations
System, Crystal Square 4, Suite 200A, 241 18th Street, Arlington, VA
22202-3402.
Comments received generally will be posted without change to http:/
/www.regulations.gov, including any personal information provided.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, (703) 602-0289.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.
This proposed rule is a result of the DFARS Transformation
initiative. The proposed DFARS changes--
Update and clarify requirements for contracting with small
business and small disadvantaged business concerns; and
Delete text containing procedures for referring matters to
the Small Business Administration; procedures for processing contract
awards under the 8(a) Program; and information on the DoD test program
for negotiation of comprehensive small business subcontracting plans.
Text on these subjects will be relocated to the new DFARS companion
resource, Procedures, Guidance, and Information (PGI). Additional
information on PGI is available at https://www.acq.osd.mil/dpap/dars/
pgi.
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 does not expect this rule to 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
updates and clarifies DFARS text, but makes no significant change to
DoD policy for contracting with small business concerns. Therefore, DoD
has not performed an initial regulatory flexibility analysis. DoD
invites comments from small businesses and other interested parties.
DoD also will consider comments from small entities concerning the
affected DFARS subparts in accordance with 5 U.S.C. 610. Such comments
should be submitted separately and should cite DFARS Case 2003-D047.
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 Parts 219 and 252
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
Therefore, DoD proposes to amend 48 CFR parts 219 and 252 as
follows:
1. The authority citation for 48 CFR parts 219 and 252 continues to
read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 219--SMALL BUSINESS PROGRAMS
2. Section 219.000 is revised to read as follows:
[[Page 9304]]
219.000 Scope of part.
This part also implements 10 U.S.C. 2323, which--
(1) Is applicable to DoD through fiscal year 2009; and
(2) Establishes goals for awards to small disadvantaged business
(SDB) concerns, historically black colleges and universities (HBCUs),
and minority institutions (MIs). See subpart 226.70 for policy on
contracting with HBCU/MIs.
219.202-1 [Removed]
3. Section 219.202-1 is removed.
4. Section 219.602 is revised to read as follows:
219.602 Procedures.
When making a nonresponsibility determination for a small business
concern, follow the procedures at PGI 219.602.
219.602-1 and 219.602-3 [Removed]
5. Sections 219.602-1 and 219.602-3 are removed.
6. Section 219.702 is revised to read as follows:
219.702 Statutory requirements.
(1) Section 834 of Public Law 101-189, as amended (15 U.S.C. 637
note), requires DoD to establish a test program to determine whether
comprehensive subcontracting plans on a corporate, division, or plant-
wide basis will reduce administrative burdens while enhancing
subcontracting opportunities for small and small disadvantaged business
concerns. See PGI 219.702 for the requirements of the test program.
(2) Comprehensive subcontracting plans shall not be subject to
application of liquidated damages during the period of the test program
(Section 402, Public Law 101-574).
219.703 [Amended]
7. Section 219.703 is amended in paragraph (a)(2)(B) by removing
``Small, Small Disadvantaged and Women-Owned''.
8. Section 219.704 is revised to read as follows:
219.704 Subcontracting plan requirements.
(1) The goal for use of small disadvantaged business concerns shall
include subcontracts with historically black colleges and universities
and minority institutions (see subpart 226.70), in addition to
subcontracts with small disadvantaged business concerns. Subcontracts
with historically black colleges and universities and minority
institutions do not have to be included in the small disadvantaged
business goal in commercial items subcontracting plans.
(2) In those subcontracting plans which specifically identify small
businesses, prime contractors shall notify the administrative
contracting officer of any substitutions of such firms. Notifications
shall be in writing and shall occur within a reasonable period of time
after award of the subcontract. Contractor-specified formats shall be
acceptable.
(3) See 215.304 for evaluation of offers in acquisitions that
require a subcontracting plan.
219.705-2 [Removed]
9. Section 219.705-2 is removed.
10. Section 219.708 is amended by revising paragraph (b)(1) to read
as follows:
219.708 Solicitation provisions and contract clauses.
(b)(1)(A) Use the clause at 252.219-7003, Small Business
Subcontracting Plan (DoD Contracts), in solicitations and contracts
that contain the clause at FAR 52.219-9, Small Business Subcontracting
Plan.
(B) In contracts with contractors that have comprehensive
subcontracting plans approved under the test program described in
219.702, use the clause at 252.219-7004, Small Business Subcontracting
Plan (Test Program), instead of the clauses at 252.219-7003, Small
Business Subcontracting Plan (DoD Contracts), and FAR 52.219-9, Small
Business Subcontracting Plan.
* * * * *
11. Section 219.800 is amended by revising paragraph (a) to read as
follows:
219.800 General.
(a) By Partnership Agreement (PA) between the Small Business
Administration (SBA) and the Department of Defense (DoD), the SBA
delegated to the Under Secretary of Defense (Acquisition, Technology,
and Logistics) its authority under paragraph 8(a)(1)(A) of the Small
Business Act (15 U.S.C. 637(a)) to enter into 8(a) prime contracts, and
its authority under 8(a)(1)(B) of the Small Business Act to award the
performance of those contracts to eligible 8(a) Program participants.
However, the SBA remains the prime contractor on all 8(a) contracts,
continues to determine eligibility of concerns for contract award, and
retains appeal rights under FAR 19.810. The SBA delegates only the
authority to sign contracts on its behalf. Consistent with the
provisions of the PA, this authority is hereby redelegated to DoD
contracting officers. This authority expires on September 30, 2006. A
copy of the PA is available at PGI 219.800.
* * * * *
12. Section 219.803 is revised to read as follows:
219.803 Selecting acquisitions for the 8(a) Program.
When selecting acquisitions for the 8(a) Program, follow the
procedures at PGI 219.803.
13. Section 219.804-2 is revised to read as follows:
219.804-2 Agency offering.
When processing requirements under the PA, follow the procedures at
PGI 219.804-2.
219.804-3 [Removed]
14. Section 219.804-3 is removed.
15. Section 219.805-2 is revised to read as follows:
219.805-2 Procedures.
When processing requirements under the PA, follow the procedures at
PGI 219.805-2 for requesting eligibility determinations.
16. Sections 219.808-1 and 219.811 are revised to read as follows:
219.808-1 Sole source.
For sole source requirements processed under the PA, follow the
procedures at PGI 219.808-1.
219.811 Preparing the contracts.
For preparing awards under the PA, follow the procedures at PGI
219.811.
219.811-1 and 219.811-2 [Removed]
17. Sections 219.811-1 and 219.811-2 are removed.
18. Section 219.811-3 is amended by revising paragraph (3) to read
as follows:
219.811-3 Contract clauses.
* * * * *
(3) Use the clause at 252.219-7011, Notification to Delay
Performance, in solicitations and purchase orders issued under the PA
cited in 219.800.
219.812 [Removed]
19. Section 219.812 is removed.
20. Section 219.1101 is added to read as follows:
219.1101 General.
The determination to use or suspend the price evaluation adjustment
for DoD acquisitions can be found at https://www.acq.osd.mil/dpap/dars/
classdev/index.htm.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
21. Section 252.219-7003 is amended by revising the section
heading, the
[[Page 9305]]
clause title and date, the introductory text preceding paragraph (a),
and paragraph (g) to read as follows:
252.219-7003 Small business subcontracting plan (DoD contracts).
* * * * *
SMALL BUSINESS SUBCONTRACTING PLAN (DOD CONTRACTS) (XXX 2006)
This clause supplements the Federal Acquisition Regulation 52.219-
9, Small Business Subcontracting Plan, clause of this contract.
* * * * *
(g) In those subcontracting plans which specifically identify small
businesses, the Contractor shall notify the Administrative Contracting
Officer of any substitutions of such firms. Notifications shall be in
writing and shall occur within a reasonable period of time after award
of the subcontract. Contractor-specified formats shall be acceptable.
22. Section 252.219-7004 is amended by revising the section
heading, the clause title and date, and paragraph (d) to read as
follows:
252.219-7004 Small business subcontracting plan (test program).
* * * * *
SMALL BUSINESS SUBCONTRACTING PLAN (TEST PROGRAM) (XXX 2006)
* * * * *
(d) The failure of the Contractor or subcontractor to comply in
good faith with (1) the clause of this contract entitled ``Utilization
of Small Business Concerns,'' or (2) an approved plan required by this
clause, shall be a material breach of the contract.
[FR Doc. 06-1636 Filed 2-22-06; 8:45 am]
BILLING CODE 5001-08-P
