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