Federal Acquisition Regulation; FAR Case 2008-023, Clarification of Criteria for Sole Source Awards to Service-Disabled Veteran-Owned Small Business Concerns, 38687-38689 [2010-15902]
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Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations
contracts and orders if the clause at
52.204–11 is not incorporated. This
clause is not required for any existing
contracts, or task and delivery orders
issued under a contract, that contains
the original clause FAR 52.204–11
(March 2009).
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
3. Amend section 52.204–11 by—
a. Removing from the clause heading
‘‘(MAR 2009)’’ and adding ‘‘(JUL
2010)’’in its place;
■ b. Revising paragraphs (a) and (c);
■ c. Revising paragraph (d)(7)
introductory text;
■ d. Removing from paragraph (d)(7)(i)
the word ‘‘contractor’s’’ and adding the
word ‘‘Contractor’s’’ in its place;
■ e. Revising paragraphs (d)(7)(ii) and
(d)(10) introductory text; and
■ f. Adding paragraph (d)(10)(xii).
The added and revised text reads as
follows:
■
■
52.204–11 American Recovery and
Reinvestment Act—Reporting
Requirements.
*
*
*
*
*
(a) Definitions. For definitions related to
this clause (e.g., contract, first-tier
subcontract, total compensation etc.) see the
Frequently Asked Questions (FAQs) available
at https://www.whitehouse.gov/omb/
recovery_faqs_contractors. These FAQs are
also linked under https://
www.FederalReporting.gov.
srobinson on DSKHWCL6B1PROD with RULES3
*
*
*
*
*
(c) Reports from the Contractor for all work
funded, in whole or in part, by the Recovery
Act, are due no later than the 10th day
following the end of each calendar quarter.
The Contractor shall review the Frequently
Asked Questions (FAQs) for Federal
Contractors before each reporting cycle and
prior to submitting each quarterly report as
the FAQs may be updated from time-to-time.
The first report is due no later than the 10th
day after the end of the calendar quarter in
which the Contractor received the award.
Thereafter, reports shall be submitted no later
than the 10th day after the end of each
calendar quarter. For information on when
the Contractor shall submit its final report,
see https://www.whitehouse.gov/omb/
recovery_faqs_contractors.
(d) * * *
(7) A narrative description of the
employment impact of work funded by the
Recovery Act. This narrative should be
cumulative for each calendar quarter and
address the impact on the Contractor’s and
first-tier subcontractors’ workforce for all
first-tier subcontracts valued at $25,000 or
more. At a minimum, the Contractor shall
provide—
*
*
*
*
States and outlying areas. A job cannot be
reported as both created and retained. See an
example of how to calculate the number of
jobs at https://www.whitehouse.gov/omb/
recovery_faqs_contractors.
DEPARTMENT OF DEFENSE
*
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
*
*
*
*
(10) For any first-tier subcontract funded in
whole or in part under the Recovery Act, that
is valued at $25,000 or more and not subject
to reporting under paragraph 9, the
Contractor shall require the subcontractor to
provide the information described in
paragraphs (d)(1)(i), (ix), (x), (xi), and (xii) of
this section to the Contractor for the purposes
of the quarterly report. The Contractor shall
advise the subcontractor that the information
will be made available to the public as
required by section 1512 of the Recovery Act.
The Contractor shall provide detailed
information on these first-tier subcontracts as
follows:
*
*
*
*
*
(xii) A narrative description of the
employment impact of work funded by the
Recovery Act. This narrative should be
cumulative for each calendar quarter and
address the impact on the subcontractor’s
workforce. At a minimum, the subcontractor
shall provide—
(A) A brief description of the types of jobs
created and jobs retained in the United States
and outlying areas (see definition in FAR
2.101). This description may rely on job
titles, broader labor categories, or the
subcontractor’s existing practice for
describing jobs as long as the terms used are
widely understood and describe the general
nature of the work; and
(B) An estimate of the number of jobs
created and jobs retained by the
subcontractor in the United States and
outlying areas. A job cannot be reported as
both created and retained. See an example of
how to calculate the number of jobs at https://
www.whitehouse.gov/omb/
recovery_faqs_contractors.
*
*
52.212–5
*
*
*
4. Amend section 52.212–5 by
removing from the clause heading ‘‘(June
2010)’’ and adding ‘‘(JUL 2010)’’ in its
place; and removing from paragraph
(b)(4) ‘‘MAR 2009)’’ and adding ‘‘(JUL
2010)’’ in its place.
■
[FR Doc. 2010–15908 Filed 7–1–10; 8:45 am]
BILLING CODE 6820–EP–P
*
16:38 Jul 01, 2010
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GENERAL SERVICES
ADMINISTRATION
48 CFR Part 19
[FAC 2005–43; FAR Case 2008–023; Item
IV; Docket 2009–0017, Sequence 1]
RIN 9000–AL29
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 Space
Administration (NASA).
ACTION: Final rule.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council
(Councils) are issuing a final rule 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 Veteranowned Small Business (SDVOSB)
concern acquisition.
DATES: Effective Date: August 2, 2010
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Rhonda
Cundiff, Procurement Analyst, at (202)
501–0044. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at (202) 501–
4755. Please cite FAC 2005–43, FAR
Case 2008–023.
SUPPLEMENTARY INFORMATION:
A. Background
[Amended]
(ii) An estimate of the number of jobs
created and jobs retained by the prime
Contractor and all first-tier subcontracts
valued at $25,000 or more, in the United
VerDate Mar<15>2010
38687
Sfmt 4700
The Councils published a proposed
rule in the Federal Register at 74 FR
23373 on May 19, 2009, to revise the
language in FAR 19.1406(a)(1) to clarify
the criteria that need to be met in order
to conduct a sole source SDVOSB
concern acquisition. The final rule
contains language that more closely
mirrors the Veterans Benefit Act of 2003
(15 U.S.C. 657f). The final rule revises
the language in FAR 19.1306(a)(1),
which deals with sole source awards to
Historically Underutilized Business
Zone (HUBZone) small business
concerns based on 15 U.S.C. 657a(b), to
match the language in FAR
19.1406(a)(1) to alleviate confusion on
the appropriate use of the criteria
needed to conduct a sole source
SDVOSB concern acquisition.
E:\FR\FM\02JYR3.SGM
02JYR3
srobinson on DSKHWCL6B1PROD with RULES3
38688
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations
The public comment period for the
FAR proposed rule closed July 20, 2009.
Eight respondents submitted comments
to the proposed rule. A discussion of the
comments and the changes made to the
rule as a result of those comments is
provided below. Three respondents
concurred with the proposed changes to
clarify the criteria that needed to be met
in order to conduct a sole source
SDVOSB concern acquisition.
1. Comment: Increase knowledge of
the marketplace and SDVOSB
advocacy. One respondent expressed
concern that the contracting officer does
not have sufficient knowledge of the
marketplace to make a sole-source
determination without the advice of the
U.S. Department of Veterans Affairs, the
Small Business Administration (SBA),
or other entities that advocate for the
veteran community. The respondent
further added that the regulatory
language needs to mandate that the
contracting officer exercise a higher
level of advocacy for service-disabled
veteran-owned firms to ensure these
firms receive greater representation in
the procurement process.
Response: The purpose of this
regulatory change is to clarify the
circumstances under which a
contracting officer may award a solesource contract to a small business
concern owned and controlled by a
service-disabled veteran. This case does
not address market research or
advocacy; therefore the respondent’s
comments are considered outside the
scope of this case.
2. Comment: Correction to FAR
19.1306(a)(2). One respondent requested
an additional review be conducted
regarding FAR 19.1306(a)(2), because
paragraph (c) does not exist.
Response: The reference to paragraph
(c) is deleted.
3. Comment: Revise the language in
FAR 19.1306(a) and 19.1406(a). Two
respondents recommended revising
paragraph (a) of FAR 19.1406 Sole
Source Awards to Service-disabled
Veterans-owned Small Business
concerns to match the language in
paragraph (a) of FAR 19.1306 by adding
the language: ‘‘(a) A participating agency
contracting office may award contracts
to a service-disabled Veteran-owned
small business concern on a sole source
basis without considering small
business set-asides provided-’’.
Response: FAR 19.1406(a) has been
revised to be consistent with FAR
19.1306(a).
4. Comment: Revise the SDVOSB
language to mirror the 8(a) language.
One respondent recommended that the
language in the FAR for SDVOSB sole
VerDate Mar<15>2010
16:38 Jul 01, 2010
Jkt 220001
source criteria mirror the language of
the 8(a) criteria.
Response: The SDVOSB program and
the 8(a) Business Development Program
were established under two separate
statutes with different sole-source award
requirements. The statute for the
SDVOSB program does not require the
FAR language to be similar to the FAR
language for the 8(a) Business
Development Program.
5. Comment: Raise the prescribed $3
million threshold to $3.5 million. One
respondent recommended that the
dollar limit for the sole source awards
to a Service-disabled Veteran-owned
small business be raised to $3.5 million
from the prescribed $3 million to be
consistent with the dollar limits for nonmanufacturing 8(a) awards.
Response: Threshold changes are
based on statute. Federal Acquisition
Circular 2005–013, FAR Case 2004–033,
published in the Federal Register at 71
FR 57363 on September 28, 2006, was
based on a statutory requirement,
raising thresholds in the FAR due to
inflation. The escalation calculation for
the inflationary threshold for sole
source awards to Service-disabled
Veteran-owned small businesses was
not eligible for an inflationary increase
(see https://acquisition.gov/far/
facsframe.html). However, FAR Case
2008–024 is the case handling the next
round of inflationary increases, and
when that case is published as a final
rule, the threshold may be raised; the
Councils note that the inflation
calculation is different for SDVOSB than
for 8(a) and HUBZone because these
statutes were enacted at different times.
This rule is a significant regulatory
action and, therefore, was 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 Department of Defense, the
General Services Administration, and
the National Aeronautics and Space
Administration certify that this final
rule will not 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
rule clarifies the intent of the existing
language and is not a change in policy.
The Councils did not receive any
comments on the Regulatory Flexibility
Act or a perceived burden on small
business.
PO 00000
Frm 00016
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. chapter 35,
et seq.
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA
amend 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
the introductory text of paragraph (a),
paragraph (a)(1), the introductory text of
paragraph (a)(2), and paragraph (a)(3) 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(b)(5)) before
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;
(2) The anticipated price of the
contract, including options, will not
exceed—
*
*
*
*
*
(3) The requirement is not currently
being performed by an 8(a) participant
under the provisions of subpart 19.8 or
has been accepted as a requirement by
SBA under subpart 19.8.
*
*
*
*
*
■ 3. Amend section 19.1406 by revising
the introductory text of paragraph (a),
paragraph (a)(1), and the introductory
text of paragraph (a)(2); redesignating
paragraphs (a)(3) and (a)(4) as
paragraphs (a)(4) and (a)(5),
respectively, and adding a new
paragraph (a)(3) to read as follows:
19.1406 Sole source awards to servicedisabled veteran-owned small business
concerns.
(a) A contracting officer may award
contracts to service-disabled veteranowned small business concerns on a
sole source basis (see 19.501(d) and
E:\FR\FM\02JYR3.SGM
02JYR3
38689
Federal Register / Vol. 75, No. 127 / Friday, July 2, 2010 / Rules and Regulations
6.302–5(b)(6)), before considering small
business set-asides (see subpart 19.5)
provided none of the exclusions of
19.1404 apply and—
(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—
*
*
*
*
*
(3) The requirement is not currently
being performed by an 8(a) participant
under the provisions of subpart 19.8 or
has been accepted as a requirement by
SBA under subpart 19.8;
*
*
*
*
*
[FR Doc. 2010–15902 Filed 7–1–10; 8:45 am]
BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22, 25, and 52
[FAC 2005–43; FAR Case 2009–040; Item
V; Docket 2010–0092, Sequence 1]
RIN 9000–AL57
Federal Acquisition Regulation; FAR
Case 2009–040, Trade Agreements
Thresholds
AGENCIES: Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Interim rule with request for
comments.
SUMMARY: The Civilian Agency
Acquisition Council and the Defense
Acquisition Regulations Council (the
Councils) are issuing an interim rule
amending the Federal Acquisition
Regulation (FAR) to incorporate
increased thresholds for application of
the World Trade Organization
Government Procurement Agreement
and the Free Trade Agreements, as
determined by the United States Trade
Representative.
DATES: Effective Date: July 2, 2010.
Comment Date: Interested parties
should submit written comments to the
Regulatory Secretariat on or before
August 31, 2010 to be considered in the
formulation of a final rule.
ADDRESSES: Submit comments
identified by FAC 2005–43, FAR Case
2009–040, by any of the following
methods:
• Regulations.gov: https://
www.regulations.gov.
Submit comments via the Federal
eRulemaking portal by inputting ‘‘FAR
Case 2009–040’’ under the heading
‘‘Enter Keyword or ID’’ and selecting
‘‘Search’’. Select the link ‘‘Submit a
Comment’’ that corresponds with ‘‘FAR
Case 2009–040’’. Follow the instructions
provided at the ‘‘Submit a Comment’’
screen. Please include your name,
company name (if any), and ‘‘FAR Case
2009–040’’ on your attached document.
• Fax: 202–501–4067.
srobinson on DSKHWCL6B1PROD with RULES3
WTO GPA ..................................................................................................................
FTAs:
Australia FTA ......................................................................................................
Bahrain FTA .......................................................................................................
CAFTA–DR (Costa Rica, Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua) ....................................................................................
Chile FTA ............................................................................................................
Morocco FTA ......................................................................................................
NAFTA:
—Canada ............................................................................................................
—Mexico .............................................................................................................
Oman FTA .................................................................................................................
Peru FTA ...................................................................................................................
Singapore FTA ...........................................................................................................
Israeli Trade Act ........................................................................................................
This is a significant regulatory action
and, therefore, was subject to review
under Section 6(b) of Executive Order
12866, Regulatory Planning and Review,
VerDate Mar<15>2010
16:38 Jul 01, 2010
Jkt 220001
SUPPLEMENTARY INFORMATION:
A. Background
Every two years, the trade agreements
thresholds are adjusted according to a
pre-determined formula under the
agreements. On December 29, 2009 (74
FR 68907), the United States Trade
Representative established new
procurement thresholds. These
thresholds became effective on January
1, 2010. The United States Trade
Representative has specified the
following new thresholds:
Frm 00017
Fmt 4701
Sfmt 4700
Service contract
(equal to or
exceeding)
Construction
contract
(equal to or
exceeding)
$203,000
$203,000
$7,804,000
70,079
203,000
70,079
203,000
7,804,000
9,110,318
70,079
70,079
203,000
70,079
70,079
203,000
7,804,000
7,804,000
7,804,000
25,000
70,079
203,000
203,000
70,079
50,000
dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
PO 00000
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Ms.
Cecelia L. Davis, Procurement Analyst,
at (202) 219–0202. Please cite FAC
2005–43, FAR Case 2009–040. For
information pertaining to status or
publication schedules, contact the
Regulatory Secretariat at (202) 501–
4755.
Supply contract
(equal to or
exceeding)
Trade agreement
B. Executive Order 12866
• Mail: General Services
Administration, Regulatory Secretariat
(MVCB), 1800 F Street, NW., Room
4041, ATTN: Hada Flowers,
Washington, DC 20405.
Instructions: Please submit comments
only and cite FAC 2005–43, FAR case
2009–040, in all correspondence related
to this case. All comments received will
be posted without change to https://
www.regulations.gov, including any
personal and/or business confidential
information provided.
70,079
70,079
203,000
203,000
70,079
..............................
9,110,318
9,110,318
9,110,318
7,804,000
7,804,000
..............................
C. Regulatory Flexibility Act
The Councils do not expect this
interim rule to have a significant
economic impact on a substantial
number of small entities within the
E:\FR\FM\02JYR3.SGM
02JYR3
]]>Agencies
[Federal Register Volume 75, Number 127 (Friday, July 2, 2010)]
[Rules and Regulations]
[Pages 38687-38689]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15902]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005-43; FAR Case 2008-023; Item IV; 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 Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) are issuing a final rule 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: Effective Date: August 2, 2010
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Rhonda Cundiff, Procurement Analyst, at (202) 501-0044. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at (202) 501-4755. Please cite FAC 2005-43, FAR Case 2008-
023.
SUPPLEMENTARY INFORMATION:
A. Background
The Councils published a proposed rule in the Federal Register at
74 FR 23373 on May 19, 2009, to revise the language in FAR
19.1406(a)(1) to clarify the criteria that need to be met in order to
conduct a sole source SDVOSB concern acquisition. The final rule
contains language that more closely mirrors the Veterans Benefit Act of
2003 (15 U.S.C. 657f). The final rule revises the language in FAR
19.1306(a)(1), which deals with sole source awards to Historically
Underutilized Business Zone (HUBZone) small business concerns based on
15 U.S.C. 657a(b), to match the language in FAR 19.1406(a)(1) to
alleviate confusion on the appropriate use of the criteria needed to
conduct a sole source SDVOSB concern acquisition.
[[Page 38688]]
The public comment period for the FAR proposed rule closed July 20,
2009. Eight respondents submitted comments to the proposed rule. A
discussion of the comments and the changes made to the rule as a result
of those comments is provided below. Three respondents concurred with
the proposed changes to clarify the criteria that needed to be met in
order to conduct a sole source SDVOSB concern acquisition.
1. Comment: Increase knowledge of the marketplace and SDVOSB
advocacy. One respondent expressed concern that the contracting officer
does not have sufficient knowledge of the marketplace to make a sole-
source determination without the advice of the U.S. Department of
Veterans Affairs, the Small Business Administration (SBA), or other
entities that advocate for the veteran community. The respondent
further added that the regulatory language needs to mandate that the
contracting officer exercise a higher level of advocacy for service-
disabled veteran-owned firms to ensure these firms receive greater
representation in the procurement process.
Response: The purpose of this regulatory change is to clarify the
circumstances under which a contracting officer may award a sole-source
contract to a small business concern owned and controlled by a service-
disabled veteran. This case does not address market research or
advocacy; therefore the respondent's comments are considered outside
the scope of this case.
2. Comment: Correction to FAR 19.1306(a)(2). One respondent
requested an additional review be conducted regarding FAR
19.1306(a)(2), because paragraph (c) does not exist.
Response: The reference to paragraph (c) is deleted.
3. Comment: Revise the language in FAR 19.1306(a) and 19.1406(a).
Two respondents recommended revising paragraph (a) of FAR 19.1406 Sole
Source Awards to Service-disabled Veterans-owned Small Business
concerns to match the language in paragraph (a) of FAR 19.1306 by
adding the language: ``(a) A participating agency contracting office
may award contracts to a service-disabled Veteran-owned small business
concern on a sole source basis without considering small business set-
asides provided-''.
Response: FAR 19.1406(a) has been revised to be consistent with FAR
19.1306(a).
4. Comment: Revise the SDVOSB language to mirror the 8(a) language.
One respondent recommended that the language in the FAR for SDVOSB sole
source criteria mirror the language of the 8(a) criteria.
Response: The SDVOSB program and the 8(a) Business Development
Program were established under two separate statutes with different
sole-source award requirements. The statute for the SDVOSB program does
not require the FAR language to be similar to the FAR language for the
8(a) Business Development Program.
5. Comment: Raise the prescribed $3 million threshold to $3.5
million. One respondent recommended that the dollar limit for the sole
source awards to a Service-disabled Veteran-owned small business be
raised to $3.5 million from the prescribed $3 million to be consistent
with the dollar limits for non-manufacturing 8(a) awards.
Response: Threshold changes are based on statute. Federal
Acquisition Circular 2005-013, FAR Case 2004-033, published in the
Federal Register at 71 FR 57363 on September 28, 2006, was based on a
statutory requirement, raising thresholds in the FAR due to inflation.
The escalation calculation for the inflationary threshold for sole
source awards to Service-disabled Veteran-owned small businesses was
not eligible for an inflationary increase (see https://acquisition.gov/far/facsframe.html). However, FAR Case 2008-024 is the case handling
the next round of inflationary increases, and when that case is
published as a final rule, the threshold may be raised; the Councils
note that the inflation calculation is different for SDVOSB than for
8(a) and HUBZone because these statutes were enacted at different
times.
This rule is a significant regulatory action and, therefore, was
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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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 rule clarifies the
intent of the existing language and is not a change in policy. The
Councils did not receive any comments on the Regulatory Flexibility Act
or a perceived burden on small business.
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.
chapter 35, et seq.
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: June 25, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR part 19 as set forth below:
PART 19--SMALL BUSINESS PROGRAMS
0
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).
0
2. Amend section 19.1306 by revising the introductory text of paragraph
(a), paragraph (a)(1), the introductory text of paragraph (a)(2), and
paragraph (a)(3) 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(b)(5)) before 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;
(2) The anticipated price of the contract, including options, will
not exceed--
* * * * *
(3) The requirement is not currently being performed by an 8(a)
participant under the provisions of subpart 19.8 or has been accepted
as a requirement by SBA under subpart 19.8.
* * * * *
0
3. Amend section 19.1406 by revising the introductory text of paragraph
(a), paragraph (a)(1), and the introductory text of paragraph (a)(2);
redesignating paragraphs (a)(3) and (a)(4) as paragraphs (a)(4) and
(a)(5), respectively, and adding a new paragraph (a)(3) to read as
follows:
19.1406 Sole source awards to service-disabled veteran-owned small
business concerns.
(a) A contracting officer may award contracts to service-disabled
veteran-owned small business concerns on a sole source basis (see
19.501(d) and
[[Page 38689]]
6.302-5(b)(6)), before considering small business set-asides (see
subpart 19.5) provided none of the exclusions of 19.1404 apply and--
(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--
* * * * *
(3) The requirement is not currently being performed by an 8(a)
participant under the provisions of subpart 19.8 or has been accepted
as a requirement by SBA under subpart 19.8;
* * * * *
[FR Doc. 2010-15902 Filed 7-1-10; 8:45 am]
BILLING CODE 6820-EP-P
