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]

Download as PDF Federal Register / Vol. 74, No. 95 / Tuesday, May 19, 2009 / Proposed Rules should be clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://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 http://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 PO 00000 Frm 00015 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: http:// 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 http:// 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 PO 00000 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: http:// 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: http://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 http://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