Class Deviation From FAR 52.219-7, Notice of Partial Small Business Set-Aside, 25844-25845 [2010-10969]

Download as PDF 25844 Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices engagement, politically, scientifically, internationally, and publicly. NOAA will next develop and execute a five-year Arctic Action Plan to achieve these goals. Development and execution of the plan will require coordination across all NOAA Line and Staff Offices and collaboration with local, regional, federal, nongovernmental, and academic partners. As a starting point, NOAA will establish a single point of contact within NOAA Senior Executive Leadership who will be accountable for achieving the Arctic goals. The Arctic Action Plan will also include an engagement strategy for reaching internal and external employees, partners, and stakeholders, as well as a detailed budget strategy. NOAA is committed to enhancing its current involvement in research and management programs in the Arctic, and anticipates an initial investment of $10 million towards the implementation of this strategy, recognizing that additional funds will be needed to achieve the goals. II. Request for Comments NOAA invites comments on its: (a) vision for the Arctic; and (b) six strategic goals and five-year strategies for the Arctic. BILLING CODE 3510–NW–S DEPARTMENT OF DEFENSE Office of the Secretary Federal Advisory Committee; National Security Education Board Members Meeting jlentini on DSKJ8SOYB1PROD with NOTICES AGENCY: Under Secretary of Defense Personnel and Readiness, DoD. ACTION: Notice of meeting. SUMMARY: Pursuant to Public Law 92– 463, notice is hereby given that the National Security Education Board will meet on June 23, 2010. The purpose of the meeting is to review and make recommendations to the Secretary of Defense concerning requirements established by the David L. Boren National Security Education Act, Title VII of Public Law 102–183, as amended. DATES: The meeting will be held on June 23, 2010, from 8 a.m. to 12:30 p.m. ADDRESSES: The meeting will be held at the National Security Education Program; 1101 Wilson Blvd., Suite 1210; Rosslyn, VA 22219. Jkt 220001 [FR Doc. 2010–10938 Filed 5–7–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE specification fuel products for the Military Services. Domestic bulk fuel solicitations generally contain partial small business set-asides pursuant to FAR subpart 19.5. These set-asides are solicited and awarded using the current deviation clause, DESC Clause I237.06, Notice of Partial Small Business SetAside (Deviation). The current deviation was approved on June 25, 1990, pursuant to DAR Case 90–922. The current deviation established a methodology for partial small business set-aside evaluation and awards. DESC proposes revisions to the current deviation clause to clarify language in various portions of the clause, and in particular to clarify that a small business will not be awarded a set-aside portion at a price higher than its offer price under the non-set-aside portion. The proposed revisions are incorporated into the clause below: Office of the Secretary Defense Logistics Agency Defense Logistics Acquisition Directive provision and clause. Class Deviation From FAR 52.219–7, Notice of Partial Small Business SetAside I237.06 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (DEVIATION) Required in all domestic bulk solicitations/ contracts when the solicitation contains one or more partial set-aside items. Be sure leadin appears above the clause. This clause is a deviation from FAR Clause I237. ACTION: [FR Doc. 2010–11016 Filed 5–7–10; 8:45 am] 17:18 May 07, 2010 Dated: May 4, 2010. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. Defense Logistics Agency, DoD. Notice. AGENCY: Dated: May 4, 2010. Paul N. Doremus, Director of Strategic Planning, National Oceanic and Atmospheric Administration. VerDate Mar<15>2010 FOR FURTHER INFORMATION CONTACT: Dr. Kevin Gormley, Program Officer, National Security Education Program, 1101 Wilson Boulevard, Suite 1210, Rosslyn, Virginia 22209–2248; (703) 696–1991. Electronic mail address: Kevin.gormley@wso.whs.mil. SUPPLEMENTARY INFORMATION: The National Security Education Board Members meeting is open to the public. The public is afforded the opportunity to submit written statements associated with NSEP. SUMMARY: This is to notify interested parties of a proposed class deviation to the Federal Acquisition Regulation (FAR) regarding partial small business set-asides for Defense Logistics Agency (DLA), Defense Energy Support Center (DESC) bulk fuels solicitations and resulting contract awards. DLA is requesting Department of Defense approval of a class deviation to FAR 52.219–7, to revise an existing class deviation to that clause. DATES: Comments must be received on or before July 9, 2010. ADDRESSES: Submit your comments concerning this Deviation to DLA, Attn: J–71 (Kerry Pilz), 8725 John J. Kingman Rd, Fort Belvoir, VA 22060–6221. Telephone (703) 767–1461 or E-mail at kerry.pilz@dla.mil. FOR FURTHER INFORMATION CONTACT: Kerry Pilz, (703) 767–1461 or e-mail at kerry.pilz@dla.mil. SUPPLEMENTARY INFORMATION: In accordance with Federal Acquisition Regulation (FAR) 1.404 and Defense Federal Acquisition Regulation Supplement 201.404, DESC is requesting a class deviation from FAR Clause 52.219–7, Notice of Partial Small Business Set-Aside. DESC intends to use the clause in domestic bulk fuel solicitations. Under the bulk petroleum program, DESC purchases, distributes, and manages millions of gallons of military PO 00000 Frm 00016 Fmt 4703 Sfmt 4703 THE FOLLOWING CLAUSE APPLIES ONLY TO PARTIAL SMALL BUSINESS SET-ASIDE LINE ITEMS THAT MAY BE CONTAINED IN THIS DOCUMENT. I237.06 NOTICE OF PARTIAL SMALL BUSINESS SET–ASIDE (DEVIATION) (DESC) (a) DEFINITION. Small business concern, as used in this clause, means a concern, including its affiliates that is independently owned and operated, not dominant in the field of operation in which it is bidding on Government contracts, and qualified as a small business under the size standards in this solicitation. (b) GENERAL. (1) A portion of certain items of this procurement, as listed in the Schedule, has been set aside for award to eligible small businesses. The quantities indicated for such items in the Schedule include the set-aside portion. All offerors are urged to offer the maximum quantities they desire and are capable of delivering. Small business concerns interested in receiving a set-aside contract should submit an offer in the same manner as though there were no set-aside. Volumes offered by qualified small business concerns will be evaluated for the non-setaside and set-aside portions of the procurement. Separate offers should not be submitted on the non-set-aside and set-aside portions. (2) The partial small business set-aside of the procurement is based on a determination by the Contracting Officer that it is in the interest of maintaining or mobilizing the nation’s full production capacity or in the E:\FR\FM\10MYN1.SGM 10MYN1 jlentini on DSKJ8SOYB1PROD with NOTICES Federal Register / Vol. 75, No. 89 / Monday, May 10, 2010 / Notices interest of national defense programs, or in the interest of assuring that a fair portion of Government procurement is placed with small business concerns. (3) All of the offers received under this solicitation will first be negotiated as to price and an evaluation will be made as though there were no set-aside. (4) For the purposes of set-aside evaluation, when an offer contains increments at different prices, each increment will be considered a separate offer. Except as provided in (d) below, negotiations will be limited to the offered quantities not awarded under the provision of (c)(2) below. (c) SET-ASIDE AWARD PROCEDURE. (1) The price for the small business setaside portion will be negotiated by the Contracting Officer based upon prices the Government would otherwise pay the successful offeror for the non-set-aside portion of the location under this solicitation, adjusted for transportation charges and other factors. In the case of a small business concern whose offer is determined by the evaluation process to be low on the non-setaside portion, awards of the set-aside portion will be made to that small business concern without further negotiation. Contracts for any remaining set-aside portions will be negotiated with those eligible small business concerns that have submitted a responsive offer on the various items for which a setaside has been established. In no event will a small business concern be awarded a setaside portion at a price higher than its offer price under the non-set-aside portion. (2) Negotiations for small business setaside awards will begin with the small business concern with the lowest evaluated price and a quantity of offered product remaining. If the low small business concern on the item does not offer to supply product at the set-aside price established in accordance with (1) above, the next low small business concern on the item will be given the same opportunity; this process will continue with the successive low small business concerns until all small business concerns have been contacted. (3) The Government reserves the right to make awards to the otherwise low offeror for all or any portion of the set-aside quantities, without regard to the size of the offeror, if eligible small business concerns do not offer a quantity of product sufficient to meet a setaside requirement or do not offer to supply at the set-aside prices. The total quantity that will be awarded a small business offeror on both the unreserved and reserved portions will not exceed the total quantity offered under this solicitation by such small business offerors. However, if insufficient product is offered by small business concerns to meet the quantity set aside for small business, small business concerns with which the Government has already commenced negotiations may be given an opportunity to offer additional product. (4) Where the Trade Agreements Act applies to the non-set-aside portion, offers of eligible products will be treated as if they were qualifying country end products. (d) AGREEMENT. For the set-aside portion of the acquisition, a small business concern submitting an offer in its own name agrees VerDate Mar<15>2010 17:18 May 07, 2010 Jkt 220001 to furnish, in performing the contract, only end items manufactured or produced by small business concerns inside the United States. The term United States includes its territories and possessions, the Commonwealth of Puerto Rico, the Trust Territory of the Pacific Islands, and the District of Columbia. If this procurement is processed under simplified acquisition procedures and the total amount of this contract does not exceed $25,000, a small business concern may furnish the product of any domestic firm. This paragraph does not apply in connection with construction or service contracts. Dated: May 5, 2010. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2010–10969 Filed 5–7–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE 25845 FOR FURTHER INFORMATION CONTACT: Ms. Jeanette M. Weathers-Jenkins at (703) 681–2103. SUPPLEMENTARY INFORMATION: The Defense Information Systems Agency systems of records notices subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended, have been published in the Federal Register and are available from the Defense Information Systems Agency, 5600 Columbia Pike, Room 933–I, Falls Church, VA 22041–2705. The Defense Information Systems Agency proposes to delete one system of records notice from its inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. The proposed deletion is not within the purview of subsection (r) of the Privacy Act of 1974 (5 U.S.C. 552a), as amended, which requires the submission of a new or altered system report. Dated: May 4, 2010. Mitchell S. Bryman, Alternate OSD Federal Register Liaison Officer, Department of Defense. Office of the Secretary [Docket ID DOD–2010–OS–0062] Privacy Act of 1974; System of Records DELETION: KEUR.04 AGENCY: Defense Information Systems Agency, DoD. ACTION: Notice to delete a system of records. SYSTEM NAME: SUMMARY: The Defense Information Systems Agency proposes to delete a system of records notice in its existing inventory of record systems subject to the Privacy Act of 1974 (5 U.S.C. 552a), as amended. DATES: This proposed action will be effective without further notice on June 9, 2010 unless comments are received which result in a contrary determination. These records are covered under system of records notice V5–05, Joint Personnel Adjudication System (JPAS) (July 1, 2005; 70 FR 38120), therefore it can be deleted. You may submit comments, identified by docket number and title, by any of the following methods: • Federal Rulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Mail: Federal Docket Management System Office, 1160 Defense Pentagon, Washington, DC 20301–1160. Instructions: All submissions received must include the agency name and docket number for this Federal Register document. The general policy for comments and other submissions from members of the public is to make these submissions available for public viewing on the Internet at https:// www.regulations.gov as they are received without change, including any personal identifiers or contact information. ADDRESSES: PO 00000 Frm 00017 Fmt 4703 Sfmt 4703 Security Clearance File (February 22, 1993; 58 FR 10562). REASON: [FR Doc. 2010–10939 Filed 5–7–10; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF EDUCATION Office of Special Education and Rehabilitative Services (OSERS); Overview Information; Centers for Independent Living; Notice Inviting Applications for New Awards for Fiscal Year (FY) 2010 Catalog of Federal Domestic Assistance (CFDA) Numbers: 84.400A and 84.132A. Dates: Applications Available: May 10, 2010. Date of Pre-Application Meeting: May 20, 2010. Deadline for Transmittal of Applications: June 9, 2010. Deadline for Intergovernmental Review: August 9, 2010. Full Text of Announcement I. Funding Opportunity Description Purpose of Program: This program provides support for planning, E:\FR\FM\10MYN1.SGM 10MYN1

Agencies

[Federal Register Volume 75, Number 89 (Monday, May 10, 2010)]
[Notices]
[Pages 25844-25845]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10969]


-----------------------------------------------------------------------

DEPARTMENT OF DEFENSE

Office of the Secretary


Class Deviation From FAR 52.219-7, Notice of Partial Small 
Business Set-Aside

AGENCY: Defense Logistics Agency, DoD.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This is to notify interested parties of a proposed class 
deviation to the Federal Acquisition Regulation (FAR) regarding partial 
small business set-asides for Defense Logistics Agency (DLA), Defense 
Energy Support Center (DESC) bulk fuels solicitations and resulting 
contract awards. DLA is requesting Department of Defense approval of a 
class deviation to FAR 52.219-7, to revise an existing class deviation 
to that clause.

DATES: Comments must be received on or before July 9, 2010.

ADDRESSES: Submit your comments concerning this Deviation to DLA, Attn: 
J-71 (Kerry Pilz), 8725 John J. Kingman Rd, Fort Belvoir, VA 22060-
6221. Telephone (703) 767-1461 or E-mail at kerry.pilz@dla.mil.

FOR FURTHER INFORMATION CONTACT: Kerry Pilz, (703) 767-1461 or e-mail 
at kerry.pilz@dla.mil.

SUPPLEMENTARY INFORMATION: In accordance with Federal Acquisition 
Regulation (FAR) 1.404 and Defense Federal Acquisition Regulation 
Supplement 201.404, DESC is requesting a class deviation from FAR 
Clause 52.219-7, Notice of Partial Small Business Set-Aside. DESC 
intends to use the clause in domestic bulk fuel solicitations.
    Under the bulk petroleum program, DESC purchases, distributes, and 
manages millions of gallons of military specification fuel products for 
the Military Services. Domestic bulk fuel solicitations generally 
contain partial small business set-asides pursuant to FAR subpart 19.5. 
These set-asides are solicited and awarded using the current deviation 
clause, DESC Clause I237.06, Notice of Partial Small Business Set-Aside 
(Deviation). The current deviation was approved on June 25, 1990, 
pursuant to DAR Case 90-922. The current deviation established a 
methodology for partial small business set-aside evaluation and awards.
    DESC proposes revisions to the current deviation clause to clarify 
language in various portions of the clause, and in particular to 
clarify that a small business will not be awarded a set-aside portion 
at a price higher than its offer price under the non-set-aside portion. 
The proposed revisions are incorporated into the clause below:

    Defense Logistics Agency Defense Logistics Acquisition Directive 
provision and clause.

I237.06 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (DEVIATION)

    Required in all domestic bulk solicitations/contracts when the 
solicitation contains one or more partial set-aside items. Be sure 
lead-in appears above the clause. This clause is a deviation from 
FAR Clause I237.

    THE FOLLOWING CLAUSE APPLIES ONLY TO PARTIAL SMALL BUSINESS SET-
ASIDE LINE ITEMS THAT MAY BE CONTAINED IN THIS DOCUMENT.

I237.06 NOTICE OF PARTIAL SMALL BUSINESS SET-ASIDE (DEVIATION) (DESC)

    (a) DEFINITION. Small business concern, as used in this clause, 
means a concern, including its affiliates that is independently 
owned and operated, not dominant in the field of operation in which 
it is bidding on Government contracts, and qualified as a small 
business under the size standards in this solicitation.
    (b) GENERAL.
    (1) A portion of certain items of this procurement, as listed in 
the Schedule, has been set aside for award to eligible small 
businesses. The quantities indicated for such items in the Schedule 
include the set-aside portion. All offerors are urged to offer the 
maximum quantities they desire and are capable of delivering. Small 
business concerns interested in receiving a set-aside contract 
should submit an offer in the same manner as though there were no 
set-aside. Volumes offered by qualified small business concerns will 
be evaluated for the non-set-aside and set-aside portions of the 
procurement. Separate offers should not be submitted on the non-set-
aside and set-aside portions.
    (2) The partial small business set-aside of the procurement is 
based on a determination by the Contracting Officer that it is in 
the interest of maintaining or mobilizing the nation's full 
production capacity or in the

[[Page 25845]]

interest of national defense programs, or in the interest of 
assuring that a fair portion of Government procurement is placed 
with small business concerns.
    (3) All of the offers received under this solicitation will 
first be negotiated as to price and an evaluation will be made as 
though there were no set-aside.
    (4) For the purposes of set-aside evaluation, when an offer 
contains increments at different prices, each increment will be 
considered a separate offer. Except as provided in (d) below, 
negotiations will be limited to the offered quantities not awarded 
under the provision of (c)(2) below.
    (c) SET-ASIDE AWARD PROCEDURE.
    (1) The price for the small business set-aside portion will be 
negotiated by the Contracting Officer based upon prices the 
Government would otherwise pay the successful offeror for the non-
set-aside portion of the location under this solicitation, adjusted 
for transportation charges and other factors. In the case of a small 
business concern whose offer is determined by the evaluation process 
to be low on the non-set-aside portion, awards of the set-aside 
portion will be made to that small business concern without further 
negotiation. Contracts for any remaining set-aside portions will be 
negotiated with those eligible small business concerns that have 
submitted a responsive offer on the various items for which a set-
aside has been established. In no event will a small business 
concern be awarded a set-aside portion at a price higher than its 
offer price under the non-set-aside portion.
    (2) Negotiations for small business set-aside awards will begin 
with the small business concern with the lowest evaluated price and 
a quantity of offered product remaining. If the low small business 
concern on the item does not offer to supply product at the set-
aside price established in accordance with (1) above, the next low 
small business concern on the item will be given the same 
opportunity; this process will continue with the successive low 
small business concerns until all small business concerns have been 
contacted.
    (3) The Government reserves the right to make awards to the 
otherwise low offeror for all or any portion of the set-aside 
quantities, without regard to the size of the offeror, if eligible 
small business concerns do not offer a quantity of product 
sufficient to meet a set-aside requirement or do not offer to supply 
at the set-aside prices. The total quantity that will be awarded a 
small business offeror on both the unreserved and reserved portions 
will not exceed the total quantity offered under this solicitation 
by such small business offerors. However, if insufficient product is 
offered by small business concerns to meet the quantity set aside 
for small business, small business concerns with which the 
Government has already commenced negotiations may be given an 
opportunity to offer additional product.
    (4) Where the Trade Agreements Act applies to the non-set-aside 
portion, offers of eligible products will be treated as if they were 
qualifying country end products.
    (d) AGREEMENT. For the set-aside portion of the acquisition, a 
small business concern submitting an offer in its own name agrees to 
furnish, in performing the contract, only end items manufactured or 
produced by small business concerns inside the United States. The 
term United States includes its territories and possessions, the 
Commonwealth of Puerto Rico, the Trust Territory of the Pacific 
Islands, and the District of Columbia. If this procurement is 
processed under simplified acquisition procedures and the total 
amount of this contract does not exceed $25,000, a small business 
concern may furnish the product of any domestic firm. This paragraph 
does not apply in connection with construction or service contracts.

    Dated: May 5, 2010.
Mitchell S. Bryman,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2010-10969 Filed 5-7-10; 8:45 am]
BILLING CODE 5001-06-P
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.