Federal Acquisition Regulation; FAR Case 2006-003, Procedures Related to Procurement Center Representatives, 36925-36927 [06-5709]
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
5. Amend section 52.204–7 by—
a. Revising the date of the clause;
b. Revising paragraph (a)(2) of the
definition ‘‘Registered in the CCR
database‘‘; and
I c. Removing Alternate I.
I The revised and added text reads as
follows:
I
I
I
52.204–7
*
*
A. Background
Central Contractor Registration.
*
*
*
CENTRAL CONTRACTOR REGISTRATION
(JUL 2006)
(a) * * *
Registered in the CCR database means
that—
(1) * * *
(2) The Government has validated all
mandatory data fields, to include
validation of the Taxpayer Identification
Number (TIN) with the Internal Revenue
Service (IRS), and has marked the
record ‘‘Active’’. The Contractor will be
required to provide consent for TIN
validation to the Government as a part
of the CCR registration process.
*
*
*
*
*
[FR Doc. 06–5711 Filed 6–27–06; 8:45 am]
BILLING CODE 6820–EP–S
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 10 and 19
[FAC 2005–10; FAR Case 2006–003; Item
II; Docket 2006–0020, Sequence 12]
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
rwilkins on PROD1PC63 with RULES_3
AGENCIES:
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 provide internal
procedures to cover situations when the
FAR requires interaction with a
procurement center representative and
one has not been assigned to the
procuring activity or contract
administration office.
DATES: Effective Date: July 28, 2006.
17:14 Jun 27, 2006
Jkt 208001
This final rule amends the Federal
Acquisition Regulation to provide
internal procedures to cover situations
when the FAR requires interaction with
a Small Business Administration
procurement center representative and
one has not been assigned to the
procuring activity or contract
administration office.
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 FAR
revision within the meaning of FAR
1.501 and Public Law 98–577, and
publication for public comments is not
required. However, the Councils will
consider comments from small entities
concerning the affected FAR Parts 10
and 19 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 2005–10, FAR
case 2006–003), in correspondence.
C. Paperwork Reduction Act
Federal Acquisition Regulation; FAR
Case 2006–003, Procedures Related to
Procurement Center Representatives
VerDate Aug<31>2005
For
clarification of content, contact Ms.
Rhonda Cundiff, Procurement Analyst,
at (202) 501–0044. Please cite FAC
2005–10, FAR case 2006–003. For
information pertaining to status or
publication schedules, contact the FAR
Secretariat at (202) 501–4755.
SUPPLEMENTARY INFORMATION:
FOR FURTHER INFORMATION CONTACT:
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 10 and
19
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 10 and 19 as set
forth below:
I 1. The authority citation for 48 CFR
parts 10 and 19 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 42 U.S.C. 2473(c).
Frm 00005
Fmt 4701
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2. Amend section 10.001 by revising
paragraph (c)(1) to read as follows:
I
10.001
Policy.
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*
*
(c) * * *
(1) When performing market research,
should consult with the local Small
Business Administration procurement
center representative (PCR). If a PCR is
not assigned, see 19.402 (a); and
*
*
*
*
*
PART 19—SMALL BUSINESS
PROGRAMS
3. Amend section 19.201 by revising
the introductory text of paragraph (d)(5)
to read as follows:
I
19.201
General Policy.
*
*
*
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*
(d) * * *
(5) Work with the SBA procurement
center representative (or, if a
procurement center representative is not
assigned, see 19.402(a)) to—
*
*
*
*
*
I 4. Amend section 19.202–1 by
revising the introductory text of
paragraph (e)(1) and paragraph (e)(4) to
read as follows:
19.202–1 Encouraging small business
participation in acquisitions.
*
*
*
*
*
(e)(1) Provide a copy of the proposed
acquisition package to the SBA
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) at least 30
days prior to the issuance of the
solicitation if—
*
*
*
*
*
(4) If the contracting officer rejects the
SBA representative’s recommendation
made in accordance with 19.402(c)(2),
the contracting officer shall document
the basis for the rejection and notify the
SBA representative in accordance with
19.505.
I 5. Amend section 19.202–2 by
revising the last sentence in paragraph
(a) to read as follows:
Locating small business
*
I
PO 00000
PART 10—MARKET RESEARCH
19.202–2
sources.
Government procurement.
Dated: June 20, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
36925
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(a) * * * This effort should include
contacting the SBA procurement center
representative (or, if a procurement
center representative is not assigned, see
19.402(a)).
*
*
*
*
*
I 6. Amend section 19.402 by
redesignating paragraph (a) as (a)(1);
adding a new paragraph (a)(2); revising
paragraph (b); and revising the second
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
sentence of paragraph (c)(2) to read as
follows:
8. Amend section 19.503 by revising
the last sentence in paragraph (d) to
read as follows:
I
19.402 Small Business Administration
procurement center representatives.
(a) * * *
(2) If a SBA procurement center
representative is not assigned to the
procuring activity or contract
administration office, contact the SBA
Office of Government Contracting Area
Office serving the area in which the
procuring activity is located for
assistance in carrying out SBA policies
and programs. See https://www.sba.gov/
GC/pcr.html for the location of the SBA
office servicing the activity.
(b) Upon their request and subject to
applicable acquisition and security
regulations, contracting officers shall
give SBA procurement center
representatives (or, if a procurement
center representative is not assigned, see
paragraph (a) of this section) access to
all reasonably obtainable contract
information that is directly pertinent to
their official duties.
(c) * * *
(2) * * * If the SBA procurement
center representative (or, if a
procurement center representative is not
assigned, see paragraph (a) of this
section) believes that the acquisition, as
proposed, makes it unlikely that small
businesses can compete for the prime
contract, the representative shall
recommend any alternate contracting
method that the representative
reasonably believes will increase small
business prime contracting
opportunities. * * *
*
*
*
*
*
I 7. Amend section 19.501 by revising
the last sentence in paragraph (b) and
paragraph (f) to read as follows:
19.501
General.
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*
*
*
*
*
(b) * * * A joint determination is one
that is recommended by the Small
Business Administration (SBA)
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) and
concurred in by the contracting officer.
*
*
*
*
*
(f) At the request of an SBA
procurement center representative, (or,
if a procurement center representative is
not assigned, see 19.402(a)) the
contracting officer shall make available
for review at the contracting office (to
the extent of the SBA representative’s
security clearance) all proposed
acquisitions in excess of the micropurchase threshold that have not been
unilaterally set aside for small business.
*
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*
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*
VerDate Aug<31>2005
17:14 Jun 27, 2006
Jkt 208001
19.503 Setting aside a class of
acquisitions for small business.
*
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*
(d) * * * If there are any changes of
such a material nature as to result in
probable payment of more than a fair
market price by the Government or in a
change in the capability of small
business concerns to satisfy the
requirements, the contracting officer
may withdraw or modify (see 19.506(a))
the unilateral or joint set-aside by giving
written notice to the SBA procurement
center representative (or, if a
procurement center representative is not
assigned, see 19.402(a)) stating the
reasons.
I 9. Amend section 19.505 by revising
paragraphs (a), (b), and (c)(1) to read as
follows:
19.505 Rejecting Small Business
Administration recommendations.
(a) If the contracting officer rejects a
recommendation of the SBA
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) or breakout
procurement center representative,
written notice shall be furnished to the
appropriate SBA representative within 5
working days of the contracting officer’s
receipt of the recommendation.
(b) The SBA procurement center
representative (or, if a procurement
center representative is not assigned, see
19.402(a)) may appeal the contracting
officer’s rejection to the head of the
contracting activity (or designee) within
2 working days after receiving the
notice. The head of the contracting
activity (or designee) shall render a
decision in writing, and provide it to the
SBA representative within 7 working
days. Pending issuance of a decision to
the SBA representative, the contracting
officer shall suspend action on the
acquisition.
(c) * * *
(1) Within 2 working days, the SBA
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) may request
the contracting officer to suspend action
on the acquisition until the SBA
Administrator appeals to the agency
head (see paragraph (f) of this section);
and
*
*
*
*
*
I 10. Amend section 19.506 by revising
the second sentence in paragraph (a)
and paragraph (b) to read as follows:
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Fmt 4701
Sfmt 4700
19.506 Withdrawing or modifying small
business set-asides.
(a) * * * The contracting officer shall
initiate a withdrawal of an individual
small business set-aside by giving
written notice to the agency small
business specialist and the SBA
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) stating the
reasons. * * *
(b) If the agency small business
specialist does not agree to a withdrawal
or modification, the case shall be
promptly referred to the SBA
representative (or, if a procurement
center representative is not assigned, see
19.402(a)) for review.
*
*
*
*
*
I 11. Revise section 19.705–3 to read as
follows:
19.705–3
Preparing the solicitation.
The contracting officer shall provide
the Small Business Administration’s
(SBA’s) procurement center
representative (or, if a procurement
center representative is not assigned, see
19.402(a)) a reasonable period of time to
review any solicitation requiring
submission of a subcontracting plan and
to submit advisory findings before the
solicitation is issued.
I 12. Amend section 19.705–4 by
revising paragraph (d)(7) to read as
follows:
19.705–4
plan.
Reviewing the subcontracting
*
*
*
*
*
(d) * * *
(7) Obtain advice and
recommendations from the SBA
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) and the
agency small business specialist.
I 13. Amend section 19.705–5 by
revising the first sentence in paragraph
(a)(3) to read as follows:
19.705–5
plans.
Awards involving subcontracting
(a) * * *
(3) Notify the SBA procurement
center representative (or, if a
procurement center representative is not
assigned, see 19.402(a)) of the
opportunity to review the proposed
contract (including the plan and
supporting documentation). * * *
*
*
*
*
*
I 14. Amend section 19.705–6 by
revising the introductory text of
paragraph (c) and paragraph (d) to read
as follows:
19.705–6 Postaward responsibilities of the
contracting officer.
*
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Federal Register / Vol. 71, No. 124 / Wednesday, June 28, 2006 / Rules and Regulations
(c) Giving to the SBA procurement
center representative (or, if a
procurement center representative is not
assigned, see 19.402(a)) a copy of—
*
*
*
*
*
(d) Notifying the SBA procurement
center representative (or, if a
procurement center representative is not
assigned, see 19.402(a)) of the
opportunity to review subcontracting
plans in connection with contract
modifications.
*
*
*
*
*
I 15. Amend section 19.1305 by
revising the second sentence of
paragraph (e) to read as follows:
DEPARTMENT OF DEFENSE
19.1305
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
HUBZone set-aside procedures.
*
*
*
*
*
(e) * * * When the SBA intends to
appeal a contracting officer’s decision to
reject a recommendation of the SBA
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) to set aside
an acquisition for competition restricted
to HUBZone small business concerns,
the SBA procurement center
representative shall notify the
contracting officer, in writing, of its
intent within 5 working days of
receiving the contracting officer’s notice
of rejection. * * *
I 16. Amend section 19.1405 by
revising the second sentence of
paragraph (d) to read as follows:
19.1405 Service-disabled veteran-owned
small business set-aside procedures.
*
*
*
*
*
(d) * * * When the SBA intends to
appeal a contracting officer’s decision to
reject a recommendation of the SBA
procurement center representative (or, if
a procurement center representative is
not assigned, see 19.402(a)) to set aside
an acquisition for competition restricted
to service-disabled veteran-owned small
business concerns, the SBA
procurement center representative shall
notify the contracting officer, in writing,
of its intent within 5 working days of
receiving the contracting officer’s notice
of rejection. * * *
[FR Doc. 06–5709 Filed 6–27–06; 8:45 am]
rwilkins on PROD1PC63 with RULES_3
BILLING CODE 6820–EP–S
VerDate Aug<31>2005
17:14 Jun 27, 2006
Jkt 208001
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 15
[FAC 2005–10; FAR Case 2004–035; Item
III; Docket 2006–0020, Sequence 8]
RIN 9000–AK04
Federal Acquisition Regulation; FAR
Case 2004–035, Submission of Cost or
Pricing Data on Noncommercial
Modifications of Commercial Items
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) regarding prohibition
on obtaining cost or pricing data to
implement Section 818 of Public Law
108–375, the Ronald W. Reagan
National Defense Authorization Act for
Fiscal Year 2005.
DATES: Effective Date: July 28, 2006.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Jeremy Olson, at (202) 501–3221. Please
cite FAC 2005–10, FAR case 2004–035.
For information pertaining to status or
publication schedules, contact the FAR
Secretariat at (202) 501–4755.
SUPPLEMENTARY INFORMATION:
A. Background
Section 818 of the Ronald W. Reagan
National Defense Authorization Act for
Fiscal Year 2005 amends 10 U.S.C.
2306a. 10 U.S.C. 2306a provides
exceptions to the requirement for
submission of cost or pricing data,
including an exception for commercial
items. Section 818 states that the
exception for a commercial item does
not apply to noncommercial
modifications of a commercial item that
are expected to cost, in the aggregate,
more than $500,000 or 5 percent of the
total price of the contract, whichever is
greater. Section 818 applies to offers
submitted, and to modifications of
contracts or subcontracts made, on or
after June 1, 2005.
An interim rule was published in the
Federal Register on June 8, 2005 (70 FR
33659) to implement the statute.
PO 00000
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Fmt 4701
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36927
In response to the interim rule,
comments were received from seven
respondents. One commenter opposes
the rule in its entirety, while the other
commenters recommend various
revisions to the final rule regarding
thresholds, definition of total cost,
definition of noncommercial
modifications, and waivers.
Public Comments
1. Rule fails to recognize the timehonored recognition prohibiting
obtainment of cost or pricing data for
commercial or modified commercial
items.
Comment: One commenter asserts
that this revision invalidates long
standing procurement streamlining
policies previously promoted by the
acquisition community. This
commenter states that ‘‘The exemption
allowance from submission of cost or
pricing data afforded to providers of
commercial items should not be
abolished on the basis of an arbitrary
dollar threshold.’’ This commenter
further states that the interim rule will
pose an unnecessary burden to a large
segment of the contracting community,
and that concerns may also surface with
respect to the safeguard from
inadvertent disclosure of the required
cost or pricing data. This commenter
urges the abolishment of the rule.
Councils’ Response: The interim rule
implements a statutory requirement to
obtain cost or pricing data for
noncommercial modifications when the
statutory thresholds are met. The
Councils do not have the authority to
decline implementation of the statute.
As to the concern regarding
safeguarding data, the Government has
a long-standing set of procedures that
has effectively protected contractor
proprietary cost and pricing data from
unauthorized disclosure. These same
procedures will apply when cost or
pricing data are obtained under the
subject rule.
2. Dollar and percentage thresholds.
a. Comment: Two commenters assert
that the interim rule should be revised
to clearly state that the requirements for
submitting certified cost or pricing data
apply only if both the TINA threshold
and the NDAA thresholds have been
met. These commenters state that
Section 818 created an exception to the
commercial item exception, but did not
change the threshold for TINA. Thus,
noncommercial modifications are
subject to TINA if over the NDAA
thresholds, but only if the
noncommercial modifications also
exceed the TINA thresholds.
Councils’ Response: The Councils
agree with the commenters and have
revised the interim rule accordingly.
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]]>Agencies
[Federal Register Volume 71, Number 124 (Wednesday, June 28, 2006)]
[Rules and Regulations]
[Pages 36925-36927]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-5709]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 10 and 19
[FAC 2005-10; FAR Case 2006-003; Item II; Docket 2006-0020, Sequence
12]
Federal Acquisition Regulation; FAR Case 2006-003, Procedures
Related to Procurement Center Representatives
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 provide internal
procedures to cover situations when the FAR requires interaction with a
procurement center representative and one has not been assigned to the
procuring activity or contract administration office.
DATES: Effective Date: July 28, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-0044. Please cite
FAC 2005-10, FAR case 2006-003. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the Federal Acquisition Regulation to
provide internal procedures to cover situations when the FAR requires
interaction with a Small Business Administration procurement center
representative and one has not been assigned to the procuring activity
or contract administration office.
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 FAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Parts 10 and 19 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 2005-10,
FAR case 2006-003), 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.
List of Subjects in 48 CFR Parts 10 and 19
Government procurement.
Dated: June 20, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 10 and 19 as set forth
below:
0
1. The authority citation for 48 CFR parts 10 and 19 continues 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 10--MARKET RESEARCH
0
2. Amend section 10.001 by revising paragraph (c)(1) to read as
follows:
10.001 Policy.
* * * * *
(c) * * *
(1) When performing market research, should consult with the local
Small Business Administration procurement center representative (PCR).
If a PCR is not assigned, see 19.402 (a); and
* * * * *
PART 19--SMALL BUSINESS PROGRAMS
0
3. Amend section 19.201 by revising the introductory text of paragraph
(d)(5) to read as follows:
19.201 General Policy.
* * * * *
(d) * * *
(5) Work with the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) to--
* * * * *
0
4. Amend section 19.202-1 by revising the introductory text of
paragraph (e)(1) and paragraph (e)(4) to read as follows:
19.202-1 Encouraging small business participation in acquisitions.
* * * * *
(e)(1) Provide a copy of the proposed acquisition package to the
SBA procurement center representative (or, if a procurement center
representative is not assigned, see 19.402(a)) at least 30 days prior
to the issuance of the solicitation if--
* * * * *
(4) If the contracting officer rejects the SBA representative's
recommendation made in accordance with 19.402(c)(2), the contracting
officer shall document the basis for the rejection and notify the SBA
representative in accordance with 19.505.
0
5. Amend section 19.202-2 by revising the last sentence in paragraph
(a) to read as follows:
19.202-2 Locating small business sources.
* * * * *
(a) * * * This effort should include contacting the SBA procurement
center representative (or, if a procurement center representative is
not assigned, see 19.402(a)).
* * * * *
0
6. Amend section 19.402 by redesignating paragraph (a) as (a)(1);
adding a new paragraph (a)(2); revising paragraph (b); and revising the
second
[[Page 36926]]
sentence of paragraph (c)(2) to read as follows:
19.402 Small Business Administration procurement center
representatives.
(a) * * *
(2) If a SBA procurement center representative is not assigned to
the procuring activity or contract administration office, contact the
SBA Office of Government Contracting Area Office serving the area in
which the procuring activity is located for assistance in carrying out
SBA policies and programs. See https://www.sba.gov/GC/pcr.html for the
location of the SBA office servicing the activity.
(b) Upon their request and subject to applicable acquisition and
security regulations, contracting officers shall give SBA procurement
center representatives (or, if a procurement center representative is
not assigned, see paragraph (a) of this section) access to all
reasonably obtainable contract information that is directly pertinent
to their official duties.
(c) * * *
(2) * * * If the SBA procurement center representative (or, if a
procurement center representative is not assigned, see paragraph (a) of
this section) believes that the acquisition, as proposed, makes it
unlikely that small businesses can compete for the prime contract, the
representative shall recommend any alternate contracting method that
the representative reasonably believes will increase small business
prime contracting opportunities. * * *
* * * * *
0
7. Amend section 19.501 by revising the last sentence in paragraph (b)
and paragraph (f) to read as follows:
19.501 General.
* * * * *
(b) * * * A joint determination is one that is recommended by the
Small Business Administration (SBA) procurement center representative
(or, if a procurement center representative is not assigned, see
19.402(a)) and concurred in by the contracting officer.
* * * * *
(f) At the request of an SBA procurement center representative,
(or, if a procurement center representative is not assigned, see
19.402(a)) the contracting officer shall make available for review at
the contracting office (to the extent of the SBA representative's
security clearance) all proposed acquisitions in excess of the micro-
purchase threshold that have not been unilaterally set aside for small
business.
* * * * *
0
8. Amend section 19.503 by revising the last sentence in paragraph (d)
to read as follows:
19.503 Setting aside a class of acquisitions for small business.
* * * * *
(d) * * * If there are any changes of such a material nature as to
result in probable payment of more than a fair market price by the
Government or in a change in the capability of small business concerns
to satisfy the requirements, the contracting officer may withdraw or
modify (see 19.506(a)) the unilateral or joint set-aside by giving
written notice to the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a))
stating the reasons.
0
9. Amend section 19.505 by revising paragraphs (a), (b), and (c)(1) to
read as follows:
19.505 Rejecting Small Business Administration recommendations.
(a) If the contracting officer rejects a recommendation of the SBA
procurement center representative (or, if a procurement center
representative is not assigned, see 19.402(a)) or breakout procurement
center representative, written notice shall be furnished to the
appropriate SBA representative within 5 working days of the contracting
officer's receipt of the recommendation.
(b) The SBA procurement center representative (or, if a procurement
center representative is not assigned, see 19.402(a)) may appeal the
contracting officer's rejection to the head of the contracting activity
(or designee) within 2 working days after receiving the notice. The
head of the contracting activity (or designee) shall render a decision
in writing, and provide it to the SBA representative within 7 working
days. Pending issuance of a decision to the SBA representative, the
contracting officer shall suspend action on the acquisition.
(c) * * *
(1) Within 2 working days, the SBA procurement center
representative (or, if a procurement center representative is not
assigned, see 19.402(a)) may request the contracting officer to suspend
action on the acquisition until the SBA Administrator appeals to the
agency head (see paragraph (f) of this section); and
* * * * *
0
10. Amend section 19.506 by revising the second sentence in paragraph
(a) and paragraph (b) to read as follows:
19.506 Withdrawing or modifying small business set-asides.
(a) * * * The contracting officer shall initiate a withdrawal of an
individual small business set-aside by giving written notice to the
agency small business specialist and the SBA procurement center
representative (or, if a procurement center representative is not
assigned, see 19.402(a)) stating the reasons. * * *
(b) If the agency small business specialist does not agree to a
withdrawal or modification, the case shall be promptly referred to the
SBA representative (or, if a procurement center representative is not
assigned, see 19.402(a)) for review.
* * * * *
0
11. Revise section 19.705-3 to read as follows:
19.705-3 Preparing the solicitation.
The contracting officer shall provide the Small Business
Administration's (SBA's) procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) a
reasonable period of time to review any solicitation requiring
submission of a subcontracting plan and to submit advisory findings
before the solicitation is issued.
0
12. Amend section 19.705-4 by revising paragraph (d)(7) to read as
follows:
19.705-4 Reviewing the subcontracting plan.
* * * * *
(d) * * *
(7) Obtain advice and recommendations from the SBA procurement
center representative (or, if a procurement center representative is
not assigned, see 19.402(a)) and the agency small business specialist.
0
13. Amend section 19.705-5 by revising the first sentence in paragraph
(a)(3) to read as follows:
19.705-5 Awards involving subcontracting plans.
(a) * * *
(3) Notify the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) of
the opportunity to review the proposed contract (including the plan and
supporting documentation). * * *
* * * * *
0
14. Amend section 19.705-6 by revising the introductory text of
paragraph (c) and paragraph (d) to read as follows:
19.705-6 Postaward responsibilities of the contracting officer.
* * * * *
[[Page 36927]]
(c) Giving to the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) a
copy of--
* * * * *
(d) Notifying the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) of
the opportunity to review subcontracting plans in connection with
contract modifications.
* * * * *
0
15. Amend section 19.1305 by revising the second sentence of paragraph
(e) to read as follows:
19.1305 HUBZone set-aside procedures.
* * * * *
(e) * * * When the SBA intends to appeal a contracting officer's
decision to reject a recommendation of the SBA procurement center
representative (or, if a procurement center representative is not
assigned, see 19.402(a)) to set aside an acquisition for competition
restricted to HUBZone small business concerns, the SBA procurement
center representative shall notify the contracting officer, in writing,
of its intent within 5 working days of receiving the contracting
officer's notice of rejection. * * *
0
16. Amend section 19.1405 by revising the second sentence of paragraph
(d) to read as follows:
19.1405 Service-disabled veteran-owned small business set-aside
procedures.
* * * * *
(d) * * * When the SBA intends to appeal a contracting officer's
decision to reject a recommendation of the SBA procurement center
representative (or, if a procurement center representative is not
assigned, see 19.402(a)) to set aside an acquisition for competition
restricted to service-disabled veteran-owned small business concerns,
the SBA procurement center representative shall notify the contracting
officer, in writing, of its intent within 5 working days of receiving
the contracting officer's notice of rejection. * * *
[FR Doc. 06-5709 Filed 6-27-06; 8:45 am]
BILLING CODE 6820-EP-S
