Federal Acquisition Regulation; FAR Case 2008-023, Clarification of Criteria for Sole Source Awards to Service-disabled Veteran-owned Small Business Concerns, 23373-23374 [E9-11648]
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Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Proposed Rules
should be clearly identified as such and
should not be submitted through
https://www.regulations.gov or e-mail.
https://www.regulations.gov is an
‘‘anonymous access’’ system, and EPA
will not know your identity or contact
information unless you provide it in the
body of your comment. If you send
e-mail directly to EPA, your e-mail
address will be automatically captured
and included as part of the public
comment. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: The index to the docket for
this action is available electronically at
https://www.regulations.gov and in hard
copy at EPA Region IX, 75 Hawthorne
Street, San Francisco, California. While
all documents in the docket are listed in
the index, some information may be
publicly available only at the hard copy
location (e.g., copyrighted material), and
some may not be publicly available in
either location (e.g., CBI). To inspect the
hard copy materials, please schedule an
appointment during normal business
hours with the contact listed in the FOR
FURTHER INFORMATION CONTACT section.
FOR FURTHER INFORMATION CONTACT:
Cynthia Allen, EPA Region IX, (415)
947–4120, allen.cynthia@epa.gov.
This
proposal updates the delegation tables
in 40 CFR parts 60 and 61, to allow
easier access by the public to the status
of local jurisdictions. In the Rules and
Regulations section of this Federal
Register, we are updating these
delegation tables in a direct final action
without prior proposal because we
believe these delegations are not
controversial. If we receive adverse
comments, however, we will publish a
timely withdrawal of the direct final
rule and address the comments in
subsequent action based on this
proposed rule.
We do not plan to open a second
comment period, so anyone interested
in commenting should do so at this
time. If we do not receive adverse
comments, no further activity is
planned. For further information, please
see the direct final action.
erowe on PROD1PC63 with PROPOSALS-1
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 271
Jkt 217001
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
Pennsylvania: Final Authorization of
State Hazardous Waste Management
Program Revisions
48 CFR Part 19
AGENCY: Environmental Protection
Agency (EPA).
RIN 9000–AL29
ACTION:
Proposed rule: Correction.
SUMMARY: The Environmental Protection
Agency published in the Federal
Register of April 29, 2009 (74 FR
19480), a document concerning
Pennsylvania’s Final Authorization of
State Hazardous Waste Management
Program Revisions. This document
corrects the Docket Number.
FOR FURTHER INFORMATION CONTACT:
Charles Bentley, Mailcode 3LC50, Office
of State Programs, U.S. EPA Region III,
1650 Arch Street, Philadelphia, PA
19103–2029, Phone number: (215) 814–
3379.
SUPPLEMENTARY INFORMATION:
Correction
In the Federal Register of April 29,
2009 in FR Doc. E9–9790, on page
19480, the following corrections are
made:
1. In the Heading of the document, the
Docket Number is corrected to read
‘‘EPA–R03–RCRA–2009–0196’’.
2. In the sentence following
‘‘ADDRESSES:’’ in the second column, the
docket number is corrected to read
‘‘EPA–R03–RCRA–2009–0196’’.
3. In the sentence following
‘‘Instructions:’’ in the third column, the
docket number is corrected to read
‘‘EPA–R03–RCRA–2009–0196’’.
Dated: May 7, 2009.
William C. Early,
Acting Regional Administrator, EPA Region
III.
[FR Doc. E9–11655 Filed 5–18–09; 8:45 am]
BILLING CODE 6560–50–P
BILLING CODE 6560–50–P
15:22 May 18, 2009
DEPARTMENT OF DEFENSE
[EPA–R03–RCRA–2009–0196; FRL–8906–7]
Dated: April 17, 2009.
Allyn Stern,
Acting Director, Air Division, Region IX.
[FR Doc. E9–11523 Filed 5–18–09; 8:45 am]
VerDate Nov<24>2008
23373
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Fmt 4702
Sfmt 4702
[FAR Case 2008–023; Docket 2009–0017;
Sequence 1]
Federal Acquisition Regulation; FAR
Case 2008–023, Clarification of Criteria
for Sole Source Awards to Servicedisabled Veteran-owned Small
Business Concerns
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and
SpaceAdministration (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
clarify the criteria that need to be met
in order to conduct a sole source
Service-disabled Veteran-owned Small
Business (SDVOSB) concern
acquisition.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before July 20, 2009 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by FAR case 2008–023 by any
of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘FAR
Case 2008–023’’ under the heading
‘‘Comment or Submission’’. Select the
link ‘‘Send a Comment or Submission’’
that corresponds with FAR Case 2008–
023. Follow the instructions provided to
complete the ‘‘Public Comment and
Submission Form’’. Please include your
name, company name (if any), and
‘‘FAR Case 2008–023’’ on your attached
document.
• Fax: 202–501–4067.
• Mail: General Services
Administration, Regulatory Secretariat
(VPR), 1800 F Street NW, Room 4041,
ATTN: Hada Flowers, Washington, DC
20405.
Instructions: Please submit comments
only and cite FAR case 2008–23 in all
correspondence related to this case. All
comments received will be posted
E:\FR\FM\19MYP1.SGM
19MYP1
23374
Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Proposed Rules
without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
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 FAR case 2008–023 in
all correspondence.
SUPPLEMENTARY INFORMATION:
erowe on PROD1PC63 with PROPOSALS-1
A. Background
The United States Government
Accountability Office’s (GAO) decision
in the matter of MCS Portable Restroom
Service, B–299291, March 28, 2007,
deals in part with the issue of when a
sole source SDVOSB acquisition may be
conducted. In this decision, GAO notes
that the plain wording of FAR 19.1406
may be unintentionally inconsistent
with the Veterans Benefit Act of 2003
and the Small Business Administration
regulations that implement that Act.
GAO concludes the intent of the FAR
language is that one criterion for a sole
source award is that the contracting
officer does not have a reasonable
expectation that two or more SDVOSBs
will submit offers. The intent of the FAR
language is not that a sole source
acquisition is prohibited if more than
one SDVOSB that could conceivably
perform the work exists.
The Councils have reviewed the
language in question, FAR 19.1406(a)(1).
The Councils have determined that in
order to lessen the possibility of
misinterpretation, the language should
be revised to more closely mirror the
Veterans Benefit Act of 2003 (15 U.S.C.
657f). The proposed rule contains
language that was revised accordingly.
The language in FAR 19.1306(a)(1),
which deals with sole source awards to
HUBZone small business concerns
based on 15 U.S.C. 657a(b), is currently
the same as the language in FAR
19.1406(a)(1). The Councils have
determined that the language in
19.1306(a)(1) should be revised in the
same manner as the language in
19.1406(a)(1). The intent in both cases is
that one of the criterion for making a
sole source award is that the contracting
officer does not reasonably expect to
receive offers from two or more
concerns. Not revising the language in
FAR 19.1306(a)(1) to match FAR
19.1406(a)(1) will lead to confusion.
There could be a presumption that the
intent is to convey different meanings,
when that is not the intent. Therefore,
the proposed rule contains language that
has been revised accordingly.
VerDate Nov<24>2008
15:22 May 18, 2009
Jkt 217001
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
revision is being done to clarify the
intent of the existing language and is not
a change in policy. 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 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. (FAR case 2008–023), 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. Chapter 35,
et seq.
List of Subjects in 48 CFR Part 19.
Government procurement.
Dated: May 12, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA
propose amending 48 CFR part 19 as set
forth below:
PART 19—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 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).
2. Amend section 19.1306 by revising
paragraphs (a) and (a)(1) to read as
follows:
19.1306
HUBZone sole source awards.
(a) A contracting officer may award
contracts to HUBZone small business
concerns on a sole source basis (see
19.501(c) and 6.302–5) without
considering small business set-asides
(see Subpart 19.5), provided—
(1) The contracting officer does not
have a reasonable expectation that offers
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Frm 00016
Fmt 4702
Sfmt 4702
would be received from two or more
HUBZone small business concerns;
*
*
*
*
*
3. Amend section 19.1406 by revising
paragraphs (a)(1) and (a)(2) to read as
follows:
19.1406 Sole source awards to servicedisabled veteran owned small business
concerns.
(a) * * *
(1) The contracting officer does not
have a reasonable expectation that offers
would be received from two or more
service-disabled veteran-owned small
business concerns;
(2) The anticipated award price of the
contract, including options, will not
exceed—
*
*
*
*
*
[FR Doc. E9–11648 Filed 5–18–09; 8:45 am]
BILLING CODE 6820–EP–S
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 541 and 552
[GSAR Case 2008–G511; Docket 2009–0008;
Sequence 1]
RIN 3090–AI85
General Services Administration
Acquisition Regulation; GSAR Case
2008–G511; Rewrite of Part 541,
Acquisition of Utility Services
AGENCY: Office of the Chief Acquisition
Officer, General Services
Administration (GSA).
ACTION: Proposed rule.
SUMMARY: The General Services
Administration (GSA) is proposing to
amend the General Services
Administration Acquisition Regulation
(GSAR) to revise the section of GSAR
Part 541 that provides requirements for
the acquisition of utility services.
DATES: Interested parties should submit
written comments to the Regulatory
Secretariat on or before July 20, 2009 to
be considered in the formulation of a
final rule.
ADDRESSES: Submit comments
identified by GSAR Case 2008–G511 by
any of the following methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘GSAR
Case 2008–G511’’ under the heading
‘‘Comment or Submission’’. Select the
link ‘‘Send a Comment or Submission’’
that corresponds with GSAR Case 2008–
G511. Follow the instructions provided
to complete the ‘‘Public Comment and
Submission Form’’. Please include your
E:\FR\FM\19MYP1.SGM
19MYP1
]]>Agencies
[Federal Register Volume 74, Number 95 (Tuesday, May 19, 2009)]
[Proposed Rules]
[Pages 23373-23374]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-11648]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAR Case 2008-023; Docket 2009-0017; Sequence 1]
RIN 9000-AL29
Federal Acquisition Regulation; FAR Case 2008-023, Clarification
of Criteria for Sole Source Awards to Service-disabled Veteran-owned
Small Business Concerns
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and SpaceAdministration (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 clarify the criteria that need
to be met in order to conduct a sole source Service-disabled Veteran-
owned Small Business (SDVOSB) concern acquisition.
DATES: Interested parties should submit written comments to the
Regulatory Secretariat on or before July 20, 2009 to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAR case 2008-023 by any of
the following methods:
Regulations.gov: https://www.regulations.gov.
Submit comments via the Federal eRulemaking portal by inputting
``FAR Case 2008-023'' under the heading ``Comment or Submission''.
Select the link ``Send a Comment or Submission'' that corresponds with
FAR Case 2008-023. Follow the instructions provided to complete the
``Public Comment and Submission Form''. Please include your name,
company name (if any), and ``FAR Case 2008-023'' on your attached
document.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VPR), 1800 F Street NW, Room 4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments only and cite FAR case 2008-23
in all correspondence related to this case. All comments received will
be posted
[[Page 23374]]
without change to https://www.regulations.gov, including any personal
and/or business confidential information provided.
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 FAR case 2008-023
in all correspondence.
SUPPLEMENTARY INFORMATION:
A. Background
The United States Government Accountability Office's (GAO) decision
in the matter of MCS Portable Restroom Service, B-299291, March 28,
2007, deals in part with the issue of when a sole source SDVOSB
acquisition may be conducted. In this decision, GAO notes that the
plain wording of FAR 19.1406 may be unintentionally inconsistent with
the Veterans Benefit Act of 2003 and the Small Business Administration
regulations that implement that Act. GAO concludes the intent of the
FAR language is that one criterion for a sole source award is that the
contracting officer does not have a reasonable expectation that two or
more SDVOSBs will submit offers. The intent of the FAR language is not
that a sole source acquisition is prohibited if more than one SDVOSB
that could conceivably perform the work exists.
The Councils have reviewed the language in question, FAR
19.1406(a)(1). The Councils have determined that in order to lessen the
possibility of misinterpretation, the language should be revised to
more closely mirror the Veterans Benefit Act of 2003 (15 U.S.C. 657f).
The proposed rule contains language that was revised accordingly.
The language in FAR 19.1306(a)(1), which deals with sole source
awards to HUBZone small business concerns based on 15 U.S.C. 657a(b),
is currently the same as the language in FAR 19.1406(a)(1). The
Councils have determined that the language in 19.1306(a)(1) should be
revised in the same manner as the language in 19.1406(a)(1). The intent
in both cases is that one of the criterion for making a sole source
award is that the contracting officer does not reasonably expect to
receive offers from two or more concerns. Not revising the language in
FAR 19.1306(a)(1) to match FAR 19.1406(a)(1) will lead to confusion.
There could be a presumption that the intent is to convey different
meanings, when that is not the intent. Therefore, the proposed rule
contains language that has been revised accordingly.
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 revision is being done to clarify the intent of the
existing language and is not a change in policy. 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 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. (FAR case 2008-023), 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. Chapter 35, et seq.
List of Subjects in 48 CFR Part 19.
Government procurement.
Dated: May 12, 2009.
Al Matera,
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA propose amending 48 CFR part 19 as
set forth below:
PART 19--SMALL BUSINESS PROGRAMS
1. The authority citation for 48 CFR part 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).
2. Amend section 19.1306 by revising paragraphs (a) and (a)(1) to
read as follows:
19.1306 HUBZone sole source awards.
(a) A contracting officer may award contracts to HUBZone small
business concerns on a sole source basis (see 19.501(c) and 6.302-5)
without considering small business set-asides (see Subpart 19.5),
provided--
(1) The contracting officer does not have a reasonable expectation
that offers would be received from two or more HUBZone small business
concerns;
* * * * *
3. Amend section 19.1406 by revising paragraphs (a)(1) and (a)(2)
to read as follows:
19.1406 Sole source awards to service-disabled veteran owned small
business concerns.
(a) * * *
(1) The contracting officer does not have a reasonable expectation
that offers would be received from two or more service-disabled
veteran-owned small business concerns;
(2) The anticipated award price of the contract, including options,
will not exceed--
* * * * *
[FR Doc. E9-11648 Filed 5-18-09; 8:45 am]
BILLING CODE 6820-EP-S
