Federal Acquisition Regulation; FAR Case 2008-001, Changing the Name of the Office of Small and Disadvantaged Business Utilization for DoD, 53993-53994 [E8-21385]
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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
53994
19.702
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations
Statutory requirements.
*
*
*
*
*
´ ´
(d) * * * However, the mentor-protege
agreement must have been approved by
the Director, Small Business Programs
of the cognizant DoD military
department or defense agency, before
developmental assistance costs may be
credited against subcontract goals. A list
of approved agreements may be
obtained at https://www.acq.osd.mil/
osbp/mentorlprotege/.
[FR Doc. E8–21385 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 4, 8, 9, 18, 44, and 52
[FAC 2005–27; FAR Case 2007–015; Item
III; Docket 2008–0001; Sequence 16]
RIN 9000–AK96
Federal Acquisition Regulation; FAR
Case 2007–015, Administrative
Changes to the FPI Blanket Waiver and
the JWOD Program Name
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCIES:
pwalker on PROD1PC71 with RULES3
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 increase the blanket
waiver threshold for small dollar-value
purchases from Federal Prison
Industries (FPI) by Federal agencies and
to change the name of the JWOD
Program to the AbilityOne Program.
DATES: Effective Date: October 17, 2008.
FOR FURTHER INFORMATION CONTACT Mr.
William Clark, Procurement Analyst, at
(202) 219–1813 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
2007–015.
SUPPLEMENTARY INFORMATION:
A. Background
The FPI Board of Directors recently
revised its 2003 resolution to increase
the blanket waiver threshold for small
dollar-value purchases from FPI by
Federal agencies. A revision to an
VerDate Aug<31>2005
18:29 Sep 16, 2008
Jkt 214001
earlier resolution adopted by the FPI
Board provides that the increased dollar
threshold necessary to obtain FPI
clearance would become effective upon
the publication of appropriate
modification to the FAR.
This final rule amends the FAR to
reflect the threshold increase from
$2,500 to $3,000. No waiver is required
to buy from an alternative source below
$3,000. Customers may, however, still
purchase from FPI at, or below, this
threshold, if they so choose.
The Committee for Purchase From
People Who Are Blind or Severely
Disabled, which administers the JavitsWagner-O’Day Act, has changed its
program name to the AbilityOne
Program (formerly JWOD Program). The
Committee changed the program’s name
to the AbilityOne Program through the
Federal Register on November 27, 2006
(71 FR 68492). This final rule will
update the name of the program for all
occurrences in the FAR.
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. The final rule
does not constitute a significant FAR
revision within the meaning of FAR
1.501 and Pub. L. 99–577, and
publication for public comments is not
required. However, the Councils will
consider comments from small entities
concerning the affected FAR parts 4, 8,
9, 18, 44 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 2007–015), 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 4, 8, 9,
18, 44, and 52
Government procurement.
Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 4, 8, 9, 18, 44, and
52 as set forth below:
■
PO 00000
Frm 00006
Fmt 4701
Sfmt 4700
1. The authority citation for 48 CFR
parts 4, 8, 9, 18, 44, 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 4—ADMINISTRATIVE MATTERS
4.602
[Amended]
2. Amend section 4.602 paragraph
(a)(2) by removing ‘‘and nonprofit
agencies’’ and adding ‘‘and AbilityOne
nonprofit agencies’’ in its place.
■
4.606
[Amended]
3. Amend section 4.606 paragraph
(c)(3) by removing ‘‘JWOD’’ and adding
‘‘AbilityOne’’ in its place.
■
PART 8—REQUIRED SOURCES OF
SUPPLIES AND SERVICES
4. Amend section 8.602 by revising
the introductory text of paragraph (c)
and paragraph (c)(1) to read as follows.
■
8.602
Policy.
*
*
*
*
*
(c) In some cases where FPI and an
AbilityOne participating nonprofit
agency produce identical items (see
8.603), FPI grants a waiver to permit the
Government to purchase a portion of its
requirement from the AbilityOne
participating nonprofit agency. When
this occurs, the portion of the
requirement for which FPI has granted
a waiver—
(1) Shall be purchased from the
AbilityOne participating nonprofit
agency using the procedures in Subpart
8.7; and
*
*
*
*
*
■ 5. Amend section 8.603 by revising
the introductory paragraph; and
removing from paragraphs (a)(2) and
(b)(1) ‘‘JWOD’’ and adding ‘‘AbilityOne’’
in its place.
8.603
Purchase priorities.
FPI and nonprofit agencies
participating in the AbilityOne Program
under the Javits-Wagner-O’Day Act (see
Subpart 8.7) may produce identical
supplies or services. When this occurs,
ordering offices shall purchase supplies
and services in the following priorities:
*
*
*
*
*
8.605
[Amended]
6. Amend section 8.605 by removing
from paragraph (e) ‘‘$2,500’’ and adding
‘‘$3,000’’ in its place.
■ 7. Revise section 8.700 to read as
follows:
■
8.700
Scope of subpart.
This subpart prescribes the policies
and procedures for implementing the
Javits-Wagner-O’Day Act (41 U.S.C. 46–
E:\FR\FM\17SER3.SGM
17SER3
]]>Agencies
[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53993-53994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-21385]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
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]
RIN 9000-AL04
Federal Acquisition Regulation; FAR Case 2008-001, Changing the
Name of the Office of Small and Disadvantaged Business Utilization for
DoD
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 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.
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 19
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 19 as set forth
below:
0
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
0
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
0
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;
* * * * *
0
3. Amend section 19.702 by revising the second and third sentences of
paragraph (d) to read as follows:
[[Page 53994]]
19.702 Statutory requirements.
* * * * *
(d) * * * However, the mentor-prot[eacute]g[eacute] agreement must
have been approved by the Director, Small Business Programs of the
cognizant DoD military department or defense agency, before
developmental assistance costs may be credited against subcontract
goals. A list of approved agreements may be obtained at https://
www.acq.osd.mil/osbp/mentor_protege/.
[FR Doc. E8-21385 Filed 9-16-08; 8:45 am]
BILLING CODE 6820-EP-S
