Federal Acquisition Regulation; FAR Case 2007-020, Correcting Statutory References Related to the Higher Education Act of 1965, 53992-53993 [E8-21384]

Download as PDF 53992 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations Item XIV—Technical Amendments Editorial changes are made at FAR 15.404–1 and 52.212–5. Dated: September 9, 2008 Al Matera, Director, Office of Acquisition Policy. Federal Acquisition Circular Federal Acquisition Circular (FAC) 2005–27 is issued under the authority of the Secretary of Defense, the Administrator of General Services, and the Administrator for the National Aeronautics and Space Administration. Unless otherwise specified, all Federal Acquisition Regulation (FAR) and other directive material contained in FAC 2005–27 is effective October 17, 2008, except for Items VII, VIII, IX, X, XIII, and XIV which are effective September 17, 2008. Dated: September 5, 2008. Shay D. Assad, Director, Defense Procurement and Acquisition Policy. A. Background Dated: September 8, 2008. David A. Drabkin, Senior Procurement Executive & Deputy Chief Acquisition Officer, Office of the Chief Acquisition Officer, U.S. General Services Administration. Dated: August 26, 2008. William P. McNally, Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. E8–21383 Filed 9–16–08; 8:45 am] BILLING CODE 6820–EP–S DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2 and 52 [FAC 2005–27; FAR Case 2007–020; Item I; Docket 2008–0001; Sequence 15] Federal Acquisition Regulation; FAR Case 2007–020, Correcting Statutory References Related to the Higher Education Act of 1965 Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. pwalker on PROD1PC71 with RULES3 SUMMARY: The Civilian Agency Acquisition Council and the Defense VerDate Aug<31>2005 18:29 Sep 16, 2008 Jkt 214001 The definition of ‘‘minority institution’’ had been found in section 1046 of the Higher Education Act of 1965 (HEA) and at 20 U.S.C. 1135d– 5(3). The Higher Education Amendments of 1998 redesignated section 1046 of the HEA as section 365. The Hispanic-serving Institution Program was authorized in section 316 of Title III of the HEA, as amended by 1992 amendments. In the Higher Education Amendments of 1998, Pub. L. 105–244, the Hispanic-serving institution Program was moved into Title V of the HEA and reenacted, in that title, with all the relevant provisions that governed that program while it was part of Title III of the HEA. This final rule reflects these changes. 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 RIN 9000–AL06 AGENCIES: Acquisition Regulations Council (Councils) have agreed on a final rule amending the Federal Acquisition Regulation (FAR) to correct references to sections of the Higher Education Act of 1965 at FAR 2.101 and 52.2. These sections of the Act contain the definitions of minority institution and Hispanic-serving institution. The citations for these sections changed when the Higher Education Act of 1965 was amended by the Higher Education Amendments of 1998. This final rule updates the FAR accordingly. DATES: Effective Date: October 17, 2008. FOR FURTHER INFORMATION CONTACT: Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501–0044, for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501– 4755. Please cite FAC 2005–27, FAR case 2007–020. SUPPLEMENTARY INFORMATION: 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 Pub. L. 98–577, and publication for public comments is not required. However, the Councils will consider comments from small entities concerning the affected FAR Parts 2 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 2005–27, FAR case 2007–020, in correspondence.) PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 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 2 and 52 Government procurement. Dated: September 9, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 2 and 52 as set forth below: ■ 1. The authority citation for 48 CFR parts 2 and 52 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 2—DEFINITIONS OF WORDS AND TERMS 2. Amend section 2.101 in paragraph (b)(2) by revising the definition ‘‘Minority Institution’’ to read as follows: ■ 2.101 Definitions. * * * * * (b) * * * (2) * * * Minority Institution means an institution of higher education meeting the requirements of Section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k), including a Hispanicserving institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a). * * * * * PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Amend section 52.212–5 by revising the date of the clause and paragraph (b)(11)(i) to read 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—COMMERCIALS ITEMS (OCT 2008) * * * * * (b) * * * ll (11)(i) 52.219–23, Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 2323)(if the offeror elects to waive the adjustment, it shall so indicate in its offer.) * E:\FR\FM\17SER3.SGM * * 17SER3 * * Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 4. Amend section 52.219–23 by revising the date of the clause and in paragraph (a) the definition ‘‘Minority institution’’ to read as follows: ■ ACTION: 52.219–23 Notice of Price Evaluation Adjustment for Small Disadvantaged Business Concerns. * * * * * NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS CONCERNS (OCT 2008) (a) * * * Minority institution means an institution of higher education meeting the requirements of Section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a). * * * * * ■ 5. Amend section 52.226–2 by revising the date of the provision and in paragraph (a) the definition ‘‘Minority institution’’ to read as follows: 52.226–2 Historically Black College or University and Minority Institution Representation. * * * * * HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION REPRESENTATION (OCT 2008) (a) * * * Minority institution means an institution of higher education meeting the requirements of Section 365(3) of the Higher Education Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving institution of higher education, as defined in Section 502(a) of the Act (20 U.S.C. 1101a). * * * * * [FR Doc. E8–21384 Filed 9–16–08; 8:45 am] BILLING CODE 6820–EP–S GENERAL SERVICES ADMINISTRATION NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 2 and 19 [FAC 2005–27; FAR Case 2008–001; Item II; Docket 2008–001; Sequence 12] pwalker on PROD1PC71 with RULES3 RIN 9000–AL04 Federal Acquisition Regulation; FAR Case 2008–001, Changing the Name of the Office of Small and Disadvantaged Business Utilization for DoD Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). VerDate Aug<31>2005 18:29 Sep 16, 2008 Jkt 214001 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 change the name of the ‘‘Office of Small and Disadvantaged Business Utilization’’ to the ‘‘Office of Small Business Programs’’ for the Department of Defense. DATES: Effective Date: October 17, 2008. FOR FURTHER INFORMATION CONTACT Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501–0044 for clarification of content. For information pertaining to status or publication schedules, contact the FAR Secretariat at (202) 501–4755. Please cite FAC 2005–27, FAR case 2008–001. SUPPLEMENTARY INFORMATION: A. Background Section 904 of the National Defense Authorization Act for Fiscal Year 2006, Public Law 109–163, re-designated the ‘‘Office of Small and Disadvantaged Business Utilization’’ to the ‘‘Office of Small Business Programs’’ for the Department of Defense, and the Departments of the Army, the Navy, and the Air Force. The office name change, as well as the change in the title of the director of the office, must be noted in the FAR. This case amends the FAR to make the necessary changes. 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 2 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 2005–27, FAR case 2008–001), in correspondence. DEPARTMENT OF DEFENSE AGENCIES: Final rule. 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. PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 53993 List of Subjects in 48 CFR Parts 2 and 19 Government procurement. Dated: September 9, 2008. Al Matera, Director, Office of Acquisition Policy. Therefore, DoD, GSA, and NASA amend 48 CFR parts 2 and 19 as set forth below: ■ 1. The authority citation for 48 CFR parts 2 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 2—DEFINITIONS OF WORDS AND TERMS 2. Amend section 2.101 in paragraph (b)(2) by adding, in alphabetical order, the definition ‘‘Office of Small and Disadvantaged Business Utilization’’ to read as follows: ■ 2.101 Definitions. * * * * * (b) * * * (2) * * * Office of Small and Disadvantaged Business Utilization means the Office of Small Business Programs when referring to the Department of Defense. * * * * * PART 19—SMALL BUSINESS PROGRAMS 3. Amend section 19.201 by revising the introductory text of paragraph (d) and paragraph (d)(1) to read as follows: ■ 19.201 General policy. * * * * * (d) The Small Business Act requires each agency with contracting authority to establish an Office of Small and Disadvantaged Business Utilization (see section (k) of the Small Business Act). For the Department of Defense, in accordance with the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163), the Office of Small and Disadvantaged Business Utilization has been redesignated as the Office of Small Business Programs. Management of the office shall be the responsibility of an officer or employee of the agency who shall, in carrying out the purposes of the Act— (1) Be known as the Director of Small and Disadvantaged Business Utilization, or for the Department of Defense, the Director of Small Business Programs; * * * * * ■ 3. Amend section 19.702 by revising the second and third sentences of paragraph (d) to read as follows: E:\FR\FM\17SER3.SGM 17SER3

Agencies

[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53992-53993]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21384]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2 and 52

[FAC 2005-27; FAR Case 2007-020; Item I; Docket 2008-0001; Sequence 15]
RIN 9000-AL06


Federal Acquisition Regulation; FAR Case 2007-020, Correcting 
Statutory References Related to the Higher Education Act of 1965

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 correct references 
to sections of the Higher Education Act of 1965 at FAR 2.101 and 52.2. 
These sections of the Act contain the definitions of minority 
institution and Hispanic-serving institution. The citations for these 
sections changed when the Higher Education Act of 1965 was amended by 
the Higher Education Amendments of 1998. This final rule updates the 
FAR accordingly.

DATES: Effective Date: October 17, 2008.

FOR FURTHER INFORMATION CONTACT: Ms. Rhonda Cundiff, Procurement 
Analyst, at (202) 501-0044, for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR 
case 2007-020.

SUPPLEMENTARY INFORMATION:

A. Background

    The definition of ``minority institution'' had been found in 
section 1046 of the Higher Education Act of 1965 (HEA) and at 20 U.S.C. 
1135d-5(3). The Higher Education Amendments of 1998 redesignated 
section 1046 of the HEA as section 365.
    The Hispanic-serving Institution Program was authorized in section 
316 of Title III of the HEA, as amended by 1992 amendments. In the 
Higher Education Amendments of 1998, Pub. L. 105-244, the Hispanic-
serving institution Program was moved into Title V of the HEA and 
reenacted, in that title, with all the relevant provisions that 
governed that program while it was part of Title III of the HEA. This 
final rule reflects these changes.
    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 Pub. L. 98-577, and publication for public 
comments is not required. However, the Councils will consider comments 
from small entities concerning the affected FAR Parts 2 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 2005-27, 
FAR case 2007-020, 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 2 and 52

    Government procurement.

    Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2 and 52 as set forth 
below:
0
1. The authority citation for 48 CFR parts 2 and 52 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 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101 in paragraph (b)(2) by revising the definition 
``Minority Institution'' to read as follows:


2.101  Definitions.

* * * * *
    (b) * * *
    (2) * * *
    Minority Institution means an institution of higher education 
meeting the requirements of Section 365(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1067k), including a Hispanic-serving institution of 
higher education, as defined in Section 502(a) of the Act (20 U.S.C. 
1101a).
* * * * *

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
3. Amend section 52.212-5 by revising the date of the clause and 
paragraph (b)(11)(i) to read 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--COMMERCIALS ITEMS (OCT 2008)

* * * * *
    (b) * * *
    ---- (11)(i) 52.219-23, Notice of Price Evaluation Adjustment 
for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C. 
2323)(if the offeror elects to waive the adjustment, it shall so 
indicate in its offer.)
* * * * *

[[Page 53993]]


0
4. Amend section 52.219-23 by revising the date of the clause and in 
paragraph (a) the definition ``Minority institution'' to read as 
follows:


52.219-23  Notice of Price Evaluation Adjustment for Small 
Disadvantaged Business Concerns.

* * * * *

NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED BUSINESS 
CONCERNS (OCT 2008)

    (a) * * *
    Minority institution means an institution of higher education 
meeting the requirements of Section 365(3) of the Higher Education 
Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving 
institution of higher education, as defined in Section 502(a) of the 
Act (20 U.S.C. 1101a).
* * * * *

0
5. Amend section 52.226-2 by revising the date of the provision and in 
paragraph (a) the definition ``Minority institution'' to read as 
follows:


52.226-2  Historically Black College or University and Minority 
Institution Representation.

* * * * *

HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION 
REPRESENTATION (OCT 2008)

    (a) * * *
    Minority institution means an institution of higher education 
meeting the requirements of Section 365(3) of the Higher Education 
Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving 
institution of higher education, as defined in Section 502(a) of the 
Act (20 U.S.C. 1101a).
* * * * *
[FR Doc. E8-21384 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S