Federal Acquisition Regulation; FAR Case 2006-031, Enhanced Access for Small Business, 46950-46951 [07-4077]

Download as PDF 46950 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules This document does not contain proposed information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104– 13. In addition, therefore, it does not contain any proposed information collection burden ‘‘for small business concerns with fewer than 25 employees,’’ pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). Provisions of the Regulatory Flexibility Act of 1980 do not apply to this proceeding. Members of the public should note that from the time a Notice of Proposed Rule Making is issued until the matter is no longer subject to Commission consideration or court review, all ex parte contacts are prohibited in Commission proceedings, such as this one, which involve channel allotments. See 47 CFR 1.1204(b) for rules governing permissible ex parte contacts. For information regarding proper filing procedures for comments, see 47 CFR 1.415 and 1.420. List of Subjects in 47 CFR Part 73 Radio, Radio broadcasting. For the reasons discussed in the preamble, the Federal Communications Commission proposes to amend 47 CFR Part 73 as follows: PART 73—RADIO BROADCAST SERVICES 1. The authority citation for part 73 continues to read as follows: Authority: 47 U.S.C. 154, 303, 334, 336. § 73.202 [Amended] 2. Section 73.202(b), the Table of FM Allotments under Texas is amended by adding Channel 235A at Markham. Federal Communications Commission. John A. Karousos, Assistant Chief, Audio Division Media Bureau. [FR Doc. E7–16566 Filed 8–21–07; 8:45 am] yshivers on PROD1PC62 with PROPOSALS BILLING CODE 6712–01–P VerDate Aug<31>2005 15:31 Aug 21, 2007 Jkt 211001 GENERAL SERVICES ADMINISTRATION comments received will be posted without change to http:// www.regulations.gov, including any personal and/or business confidential information provided. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF DEFENSE 48 CFR Part 33 [FAR Case 2006–031; Docket 2007–0001; Sequence 8] RIN 9000–AK79 Federal Acquisition Regulation; FAR Case 2006–031, Enhanced Access for Small Business AGENCIES: Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Proposed rule with request for comments. SUMMARY: The Civilian Agency Acquisition Council and the Defense Acquisition Regulations Council (Councils) are proposing to amend the Federal Acquisition Regulation (FAR) to implement Section 857 of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Pub. L. 109– 364). DATES: Interested parties should submit written comments to the FAR Secretariat on or before October 22, 2007 to be considered in the formulation of a final rule. ADDRESSES: Submit comments identified by FAR case 2006–031 by any of the following methods: • Federal eRulemaking Portal: http:// www.regulations.gov. Search for any document by first selecting the proper document types and selecting ‘‘Federal Acquisition Regulation’’ as the agency of choice. At the ‘‘Keyword’’ prompt, type in the FAR case number (for example, FAR Case 2006–031) and click on the ‘‘Submit’’ button. You may also search for any document by clicking on the ‘‘Advanced search/document search’’ tab at the top of the screen, selecting from the agency field ‘‘Federal Acquisition Regulation’’, and typing the FAR case number in the keyword field. Select the ‘‘Submit’’ button. Please include any personal and/or business information inside the document. • 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 FAR case 2006–031 in all correspondence related to this case. All PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 Ms. Meredith Murphy, Procurement Analyst, at (202) 208–6925 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAR case 2006–031. SUPPLEMENTARY INFORMATION: A. Background Section 857 of the John Warner National Defense Authorization Act Fiscal Year 2007 (Pub. L. 109–364) created a higher ceiling for small businesses to use the small claims procedure to appeal a contracting officer’s final decision. This proposed rule amends the FAR to add the higher ceiling at 33.211(a)(4)(v). 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 Councils do not expect this proposed 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 this proposed rule does not change the rules for buying and does not add an information collection requirement. An Initial Regulatory Flexibility Analysis has, therefore, not been performed. We invite comments from small businesses and other interested parties. The Councils will consider comments from small entities concerning the affected FAR Part 33 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. (FAR case 2006–031), in correspondence. C. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the proposed 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 Part 33 Government procurement. E:\FR\FM\22AUP1.SGM 22AUP1 Federal Register / Vol. 72, No. 162 / Wednesday, August 22, 2007 / Proposed Rules Dated: August 14, 2007 Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA propose amending 48 CFR part 33 as set forth below: 1. The authority citation for 48 CFR part 33 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 33—PROTESTS, DISPUTES, AND APPEALS 2. Amend section 33.211 by revising paragraph (a)(4) to read as follows: 33.211 Contracting officer’s decision. (a) * * * (4) Prepare a written decision that shall include a— (i) A description of the claim or dispute; yshivers on PROD1PC62 with PROPOSALS (ii) A reference to the pertinent contract terms; VerDate Aug<31>2005 15:31 Aug 21, 2007 Jkt 211001 (iii) A statement of the factual areas of agreement and disagreement; (iv) A statement of the contracting officer’s decision, with supporting rationale; (v) Paragraphs substantially as follows: ‘‘This is the final decision of the Contracting Officer. You may appeal this decision to the agency board of contract appeals. If you decide to appeal, you must, within 90 days from the date you receive this decision, mail or otherwise furnish written notice to the agency board of contract appeals and provide a copy to the Contracting Officer from whose decision this appeal is taken. The notice shall indicate that an appeal is intended, reference this decision, and identify the contract by number. With regard to appeals to the agency board of contract appeals, you may, solely at your election, proceed under the board’s— PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 46951 (1) Small claim procedure for claims of $50,000 or less or, in the case of a small business concern (as defined in the Small Business Act and regulations under that Act), $150,000 or less; or (2) Accelerated procedure for claims of $100,000 or less. Instead of appealing to the agency board of contract appeals, you may bring an action directly in the United States Court of Federal Claims (except as provided in the Contract Disputes Act of 1978, 41 U.S.C. 603, regarding Maritime Contracts) within 12 months of the date you receive this decision’’; and (vi) Demand for payment prepared in accordance with 32.610(b) in all cases where the decision results in a finding that the contractor is indebted to the Government. * * * * * [FR Doc. 07–4077 Filed 8–21–07; 8:45 am] BILLING CODE 6820–EP–S E:\FR\FM\22AUP1.SGM 22AUP1

Agencies

[Federal Register Volume 72, Number 162 (Wednesday, August 22, 2007)]
[Proposed Rules]
[Pages 46950-46951]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 07-4077]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 33

[FAR Case 2006-031; Docket 2007-0001; Sequence 8]
RIN 9000-AK79


Federal Acquisition Regulation; FAR Case 2006-031, Enhanced 
Access for Small Business

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

ACTION:  Proposed rule with request for comments.

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SUMMARY:  The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to implement Section 857 of the 
John Warner National Defense Authorization Act for Fiscal Year 2007 
(Pub. L. 109-364).

DATES:  Interested parties should submit written comments to the FAR 
Secretariat on or before October 22, 2007 to be considered in the 
formulation of a final rule.

ADDRESSES:  Submit comments identified by FAR case 2006-031 by any of 
the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for any document by first selecting the proper document types 
and selecting ``Federal Acquisition Regulation'' as the agency of 
choice. At the ``Keyword'' prompt, type in the FAR case number (for 
example, FAR Case 2006-031) and click on the ``Submit'' button. You may 
also search for any document by clicking on the ``Advanced search/
document search'' tab at the top of the screen, selecting from the 
agency field ``Federal Acquisition Regulation'', and typing the FAR 
case number in the keyword field. Select the ``Submit'' button. Please 
include any personal and/or business information inside the document.
     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 FAR case 2006-
031 in all correspondence related to this case. All comments received 
will be posted without change to http://www.regulations.gov, including 
any personal and/or business confidential information provided.

FOR FURTHER INFORMATION CONTACT:  Ms. Meredith Murphy, Procurement 
Analyst, at (202) 208-6925 for clarification of content. For 
information pertaining to status or publication schedules, contact the 
FAR Secretariat at (202) 501-4755. Please cite FAR case 2006-031.

SUPPLEMENTARY INFORMATION:

A. Background

    Section 857 of the John Warner National Defense Authorization Act 
Fiscal Year 2007 (Pub. L. 109-364) created a higher ceiling for small 
businesses to use the small claims procedure to appeal a contracting 
officer's final decision. This proposed rule amends the FAR to add the 
higher ceiling at 33.211(a)(4)(v).
    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 Councils do not expect this proposed 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 this proposed rule does not change the rules for buying and 
does not add an information collection requirement. An Initial 
Regulatory Flexibility Analysis has, therefore, not been performed. We 
invite comments from small businesses and other interested parties. The 
Councils will consider comments from small entities concerning the 
affected FAR Part 33 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. (FAR case 2006-031), in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 Part 33

    Government procurement.


[[Page 46951]]


    Dated: August 14, 2007
Al Matera,
Director, Office of Acquisition Policy.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR part 33 as 
set forth below:
    1. The authority citation for 48 CFR part 33 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 33--PROTESTS, DISPUTES, AND APPEALS

    2. Amend section 33.211 by revising paragraph (a)(4) to read as 
follows:


33.211  Contracting officer's decision.

    (a) * * *
     (4) Prepare a written decision that shall include a--
    (i) A description of the claim or dispute;
    (ii) A reference to the pertinent contract terms;
    (iii) A statement of the factual areas of agreement and 
disagreement;
    (iv) A statement of the contracting officer's decision, with 
supporting rationale;
    (v) Paragraphs substantially as follows:
    ``This is the final decision of the Contracting Officer. You may 
appeal this decision to the agency board of contract appeals. If you 
decide to appeal, you must, within 90 days from the date you receive 
this decision, mail or otherwise furnish written notice to the agency 
board of contract appeals and provide a copy to the Contracting Officer 
from whose decision this appeal is taken. The notice shall indicate 
that an appeal is intended, reference this decision, and identify the 
contract by number. With regard to appeals to the agency board of 
contract appeals, you may, solely at your election, proceed under the 
board's--
    (1) Small claim procedure for claims of $50,000 or less or, in the 
case of a small business concern (as defined in the Small Business Act 
and regulations under that Act), $150,000 or less; or
    (2) Accelerated procedure for claims of $100,000 or less.
    Instead of appealing to the agency board of contract appeals, you 
may bring an action directly in the United States Court of Federal 
Claims (except as provided in the Contract Disputes Act of 1978, 41 
U.S.C. 603, regarding Maritime Contracts) within 12 months of the date 
you receive this decision''; and
    (vi) Demand for payment prepared in accordance with 32.610(b) in 
all cases where the decision results in a finding that the contractor 
is indebted to the Government.
* * * * *
[FR Doc. 07-4077 Filed 8-21-07; 8:45 am]
BILLING CODE 6820-EP-S