Federal Acquisition Regulation; Repeal of the Small Business Competitiveness Demonstration Program, 82567-82574 [2010-32900]

Download as PDF Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules Dated: December 22, 2010. Shay D. Assad, Director, Defense Procurement and Acquisition Policy. Dated: December 22, 2010. Joseph A. Neurauter, Deputy Associate Administrator and Senior Procurement Executive, Office of General Services Acquisition Policy, Integrity, and Workforce, U.S. General Services Administration. Dated: December 21, 2010. Sheryl J. Goddard, Acting Assistant Administrator for Procurement, National Aeronautics and Space Administration. [FR Doc. 2010–32901 Filed 12–29–10; 8:45 am] BILLING CODE 6820–EP–P DEPARTMENT OF DEFENSE GENERAL SERVICES ADMINISTRATION II. Executive Order 12866 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. NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 48 CFR Parts 1, 4, 12, 19, 22, 52, and 53 [FAC 2005–48; FAR Case 2011–005; Item I; Docket 2010–0112, Sequence 1] RIN 9000–AL87 Federal Acquisition Regulation; Repeal of the Small Business Competitiveness Demonstration Program Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA). ACTION: Final rule. AGENCY: DoD, GSA, and NASA are issuing a final rule amending the Federal Acquisition Regulation (FAR) to remove FAR coverage of the Small Business Competitiveness Demonstration Program, to meet the requirements of section 1335 of the Small Business Jobs Act of 2010. DATES: Effective Date: January 31, 2011. FOR FURTHER INFORMATION CONTACT: For clarification of content, contact Mr. Karlos Morgan, Procurement Analyst, at (202) 501–2364. For information pertaining to status or publication schedules, contact the Regulatory Secretariat at (202) 501–4755. Please cite FAC 2005–48, FAR Case 2011–005. SUPPLEMENTARY INFORMATION: emcdonald on DSK2BSOYB1PROD with RULES4 SUMMARY: I. Background This final rule amends the FAR to delete subpart 19.10 to meet the requirements of section 1335 of the Small Business Jobs Act of 2010 (Pub. VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 L. 111–240), referred to as the Act. Section 1335 of the Act amended the Business Opportunity Development Reform Act of 1988 (Pub. L. 100–656) by striking Title VII (15 U.S.C. 644 note), the Small Business Competitiveness Demonstration Program. In accordance with the Act, the repeal of the Small Business Competitiveness Demonstration Program became immediately effective upon the enactment of the Act and it will apply to the first full fiscal year after the September 27, 2010, date of enactment. This change will remove the policy, procedures, provisions, clauses, and the information collection and recordkeeping requirements associated with the Small Business Competitiveness Demonstration Program, and will update forms deleting any references to the program. III. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to this rule. This final rule does not constitute a significant FAR revision within the meaning of FAR 1.501–3(a) and 41 U.S.C. 418b, and publication for public comments is not required. IV. Paperwork Reduction Act The final rule removes the information collection requirements associated with the Small Business Competitiveness Demonstration Program under OMB Clearance 9000– 0100, and does not contain any information collection requirements that require the approval of the Office of Management and Budget under 44 U.S.C. chapter 35. List of Subjects in 48 CFR Parts 1, 4, 12, 19, 22, 52, and 53 Government procurement. Dated: December 22, 2010. Millisa Gary, Acting Director, Federal Acquisition Policy Division. Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 4, 12, 19, 22, 52, and 53 as set forth below: ■ 1. The authority citation for 48 CFR parts 1, 4, 12, 19, 22, 52, and 53 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). PO 00000 Frm 00003 Fmt 4701 Sfmt 4700 82567 PART 1—FEDERAL ACQUISITION REGULATIONS SYSTEM 1.106 [Amended] 2. Amend section 1.106, in the table following the introductory paragraph, by removing FAR segments 52.219–19, 52.219–20, and 52.219–21, and their corresponding OMB Control Number 9000–0100. ■ PART 4—ADMINISTRATIVE MATTERS 3. Amend section 4.603 by revising paragraph (b) to read as follows: ■ 4.603 Policy. * * * * * (b) Executive agencies shall use FPDS to maintain publicly available information about all contract actions exceeding the micro-purchase threshold, and any modifications to those actions that change previously reported contract action report data, regardless of dollar value. * * * * * 4.606 [Amended] 4. Amend section 4.606 by removing paragraph (a)(2); and redesignating paragraphs (a)(3) and (a)(4) as paragraphs (a)(2) and (a)(3), respectively. ■ 4.1202 [Amended] 5. Amend section 4.1202 by removing paragraphs (k) and (l); and redesignating paragraphs (m) through (ee) as paragraphs (k) through (cc), respectively. ■ PART 12—ACQUISITION OF COMMERCIAL ITEMS 12.303 [Amended] 6. Amend section 12.303 by removing from the end of paragraph (b)(1) ‘‘, or if set aside for emerging small businesses’’. ■ 12.603 [Amended] 7. Amend section 12.603 by removing the second sentence of paragraph (c)(2)(iv). ■ PART 19—SMALL BUSINESS PROGRAMS 19.304 [Amended] 8. Amend section 19.304 by removing from the first sentence in the introductory text in paragraph (c) ‘‘52.212–3(c)(9)’’ and adding ‘‘52.212– 3(c)(8)’’ in its place. ■ 9. Amend section 19.502–2 by revising the last sentence in paragraph (a); and by removing paragraph (d). The revised text reads as follows: ■ E:\FR\FM\30DER4.SGM 30DER4 82568 19.502–2 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules Total small business set-asides. (a) * * * The small business reservation does not preclude the award of a contract with a value not greater than $150,000 under subpart 19.8, Contracting with the Small Business Administration, or under 19.1305, HUBZone set-aside procedures. * * * * * Subpart 19.10—[Removed and Reserved] ■ 10. Remove and reserve subpart 19.10. emcdonald on DSK2BSOYB1PROD with RULES4 VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 12. Amend section 52.204–8 by— a. Removing from the date of the provision ‘‘Oct 2010’’ and adding ‘‘(JAN 2011)’’ in its place; ■ b. Removing paragraphs (c)(2)(i) and (c)(2)(ii); and ■ c. Redesignating paragraphs (c)(2)(iii) through (c)(2)(x) as paragraphs (c)(2)(i) through (c)(2)(viii), respectively. ■ ■ [Amended] 13. Amend section 52.212–3 by— a. Removing from the date of the provision ‘‘Oct 2010’’ and adding ‘‘(JAN 2011)’’ in its place; ■ b. Removing from paragraph (a), the definition ‘‘Emerging small business’’; ■ c. Removing paragraph (c)(8); and ■ d. Redesignating paragraphs (c)(9) and (c)(10) as paragraphs (c)(8) and (c)(9), respectively. 52.219–19 through 52.219–21 and Reserved] [Removed 14. Remove and reserve sections 52.219–19 through 52.219–21. ■ PO 00000 Frm 00004 Fmt 4701 PART 53—FORMS 53.212 [Amended] 15. Amend section 53.212 by removing ‘‘SF 1449, (Rev. 3/2005)’’ and adding ‘‘SF 1449, (Rev. 10/2010)’’ in its place. ■ ■ 11. Amend section 22.1006 by— a. Removing from paragraph (a)(2)(i)(C) ‘‘52.204–8(c)(2)(v) or (vi)’’ and adding ‘‘52.204–8(c)(2)(iii) or (iv)’’ in its place; ■ b. Removing from paragraph (e)(2)(i) ‘‘52.204–8(c)(2)(v)’’ and adding ‘‘52.204– 8(c)(2)(iii)’’ in its place; and ■ c. Removing from paragraph (e)(4)(i) ‘‘52.204–8(c)(2)(vi)’’ and adding ‘‘52.204– 8(c)(2)(iv)’’ in its place. ■ [Amended] ■ [Amended] ■ 52.204–8 52.212–3 PART 22—APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS 22.1006 PART 52—SOLICITATION PROVISIONS AND CONTRACT CLAUSES Sfmt 4700 53.213 [Amended] 16. Amend section 53.213 by removing from paragraphs (a) and (f) ‘‘SF 1449, (Rev. 3/2005)’’ and adding ‘‘SF 1449, (Rev. 10/2010)’’, respectively, in its place; and by removing from paragraph (f) ‘‘OF 347 (Rev. 4/06)’’ and adding ‘‘OF 347, (Rev. 10/2010)’’ in its place. ■ 53.214 [Amended] 17. Amend section 53.214 by removing from paragraph (d) ‘‘SF 1447 (APR 2008)’’ and adding ‘‘SF 1447 (Rev. 11/2010)’’ in its place. ■ 53.236–1 [Amended] 18. Amend section 53.236–1 by removing from paragraph (e) ‘‘OF 347 (Rev. 03/2005)’’ and adding ‘‘OF 347, (Rev. 10/2010)’’ in its place. ■ 19. Amend section 53.301–1447 by revising the form to read as follows: ■ 53.301–1447 Solicitation/Contract. BILLING CODE 6820–EP–P E:\FR\FM\30DER4.SGM 30DER4 VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4725 E:\FR\FM\30DER4.SGM 30DER4 82569 ER30DE10.015</GPH> emcdonald on DSK2BSOYB1PROD with RULES4 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 20. Amend section 53.301–1449 by revising the form to read as follows: ■ VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 53.301–1449 Solicitation/Contract/Order for Commercial Items. PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\30DER4.SGM 30DER4 ER30DE10.016</GPH> emcdonald on DSK2BSOYB1PROD with RULES4 82570 VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4725 E:\FR\FM\30DER4.SGM 30DER4 82571 ER30DE10.017</GPH> emcdonald on DSK2BSOYB1PROD with RULES4 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 21. Amend section 53.302–347 by revising the form to read as follows: ■ VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 53.302–347 PO 00000 Frm 00008 Order for Supplies or Services. Fmt 4701 Sfmt 4700 E:\FR\FM\30DER4.SGM 30DER4 ER30DE10.018</GPH> emcdonald on DSK2BSOYB1PROD with RULES4 82572 VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00009 Fmt 4701 Sfmt 4725 E:\FR\FM\30DER4.SGM 30DER4 82573 ER30DE10.019</GPH> emcdonald on DSK2BSOYB1PROD with RULES4 Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules [FR Doc. 2010–32900 Filed 12–29–10; 8:45 am] BILLING CODE VerDate Mar<15>2010 18:18 Dec 29, 2010 Jkt 223001 PO 00000 Frm 00010 Fmt 4701 Sfmt 9990 E:\FR\FM\30DER4.SGM 30DER4 ER30DE10.020</GPH> emcdonald on DSK2BSOYB1PROD with RULES4 82574

Agencies

[Federal Register Volume 75, Number 250 (Thursday, December 30, 2010)]
[Proposed Rules]
[Pages 82567-82574]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-32900]


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

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 1, 4, 12, 19, 22, 52, and 53

[FAC 2005-48; FAR Case 2011-005; Item I; Docket 2010-0112, Sequence 1]
RIN 9000-AL87


Federal Acquisition Regulation; Repeal of the Small Business 
Competitiveness Demonstration Program

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Final rule.

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

SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the 
Federal Acquisition Regulation (FAR) to remove FAR coverage of the 
Small Business Competitiveness Demonstration Program, to meet the 
requirements of section 1335 of the Small Business Jobs Act of 2010.

DATES: Effective Date: January 31, 2011.

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Karlos Morgan, Procurement Analyst, at (202) 501-2364. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-48, FAR 
Case 2011-005.

SUPPLEMENTARY INFORMATION: 

I. Background

    This final rule amends the FAR to delete subpart 19.10 to meet the 
requirements of section 1335 of the Small Business Jobs Act of 2010 
(Pub. L. 111-240), referred to as the Act. Section 1335 of the Act 
amended the Business Opportunity Development Reform Act of 1988 (Pub. 
L. 100-656) by striking Title VII (15 U.S.C. 644 note), the Small 
Business Competitiveness Demonstration Program. In accordance with the 
Act, the repeal of the Small Business Competitiveness Demonstration 
Program became immediately effective upon the enactment of the Act and 
it will apply to the first full fiscal year after the September 27, 
2010, date of enactment. This change will remove the policy, 
procedures, provisions, clauses, and the information collection and 
recordkeeping requirements associated with the Small Business 
Competitiveness Demonstration Program, and will update forms deleting 
any references to the program.

II. Executive Order 12866

    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.

III. Regulatory Flexibility Act

    The Regulatory Flexibility Act does not apply to this rule. This 
final rule does not constitute a significant FAR revision within the 
meaning of FAR 1.501-3(a) and 41 U.S.C. 418b, and publication for 
public comments is not required.

IV. Paperwork Reduction Act

    The final rule removes the information collection requirements 
associated with the Small Business Competitiveness Demonstration 
Program under OMB Clearance 9000-0100, and does not contain any 
information collection requirements that require the approval of the 
Office of Management and Budget under 44 U.S.C. chapter 35.

List of Subjects in 48 CFR Parts 1, 4, 12, 19, 22, 52, and 53

    Government procurement.

    Dated: December 22, 2010.
Millisa Gary,
Acting Director, Federal Acquisition Policy Division.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1, 4, 12, 19, 22, 52, 
and 53 as set forth below:

0
1. The authority citation for 48 CFR parts 1, 4, 12, 19, 22, 52, and 53 
continues to read as follows:

    Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

PART 1--FEDERAL ACQUISITION REGULATIONS SYSTEM


1.106  [Amended]

0
2. Amend section 1.106, in the table following the introductory 
paragraph, by removing FAR segments 52.219-19, 52.219-20, and 52.219-
21, and their corresponding OMB Control Number 9000-0100.

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.603 by revising paragraph (b) to read as follows:


4.603  Policy.

* * * * *
    (b) Executive agencies shall use FPDS to maintain publicly 
available information about all contract actions exceeding the micro-
purchase threshold, and any modifications to those actions that change 
previously reported contract action report data, regardless of dollar 
value.
* * * * *


4.606  [Amended]

0
4. Amend section 4.606 by removing paragraph (a)(2); and redesignating 
paragraphs (a)(3) and (a)(4) as paragraphs (a)(2) and (a)(3), 
respectively.


4.1202  [Amended]

0
5. Amend section 4.1202 by removing paragraphs (k) and (l); and 
redesignating paragraphs (m) through (ee) as paragraphs (k) through 
(cc), respectively.

PART 12--ACQUISITION OF COMMERCIAL ITEMS


12.303  [Amended]

0
6. Amend section 12.303 by removing from the end of paragraph (b)(1) 
``, or if set aside for emerging small businesses''.


12.603  [Amended]

0
7. Amend section 12.603 by removing the second sentence of paragraph 
(c)(2)(iv).

PART 19--SMALL BUSINESS PROGRAMS


19.304  [Amended]

0
8. Amend section 19.304 by removing from the first sentence in the 
introductory text in paragraph (c) ``52.212-3(c)(9)'' and adding 
``52.212-3(c)(8)'' in its place.

0
9. Amend section 19.502-2 by revising the last sentence in paragraph 
(a); and by removing paragraph (d).
    The revised text reads as follows:

[[Page 82568]]

19.502-2  Total small business set-asides.

    (a) * * * The small business reservation does not preclude the 
award of a contract with a value not greater than $150,000 under 
subpart 19.8, Contracting with the Small Business Administration, or 
under 19.1305, HUBZone set-aside procedures.
* * * * *

Subpart 19.10--[Removed and Reserved]

0
10. Remove and reserve subpart 19.10.

PART 22--APPLICATION OF LABOR LAWS TO GOVERNMENT ACQUISITIONS


22.1006  [Amended]

0
11. Amend section 22.1006 by--
0
a. Removing from paragraph (a)(2)(i)(C) ``52.204-8(c)(2)(v) or (vi)'' 
and adding ``52.204-8(c)(2)(iii) or (iv)'' in its place;
0
b. Removing from paragraph (e)(2)(i) ``52.204-8(c)(2)(v)'' and adding 
``52.204-8(c)(2)(iii)'' in its place; and
0
c. Removing from paragraph (e)(4)(i) ``52.204-8(c)(2)(vi)'' and adding 
``52.204-8(c)(2)(iv)'' in its place.

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


52.204-8  [Amended]

0
12. Amend section 52.204-8 by--
0
a. Removing from the date of the provision ``Oct 2010'' and adding 
``(JAN 2011)'' in its place;
0
b. Removing paragraphs (c)(2)(i) and (c)(2)(ii); and
0
c. Redesignating paragraphs (c)(2)(iii) through (c)(2)(x) as paragraphs 
(c)(2)(i) through (c)(2)(viii), respectively.


52.212-3  [Amended]

0
13. Amend section 52.212-3 by--
0
a. Removing from the date of the provision ``Oct 2010'' and adding 
``(JAN 2011)'' in its place;
0
b. Removing from paragraph (a), the definition ``Emerging small 
business'';
0
c. Removing paragraph (c)(8); and
0
d. Redesignating paragraphs (c)(9) and (c)(10) as paragraphs (c)(8) and 
(c)(9), respectively.


52.219-19 through 52.219-21  [Removed and Reserved]

0
14. Remove and reserve sections 52.219-19 through 52.219-21.

PART 53--FORMS


53.212  [Amended]

0
15. Amend section 53.212 by removing ``SF 1449, (Rev. 3/2005)'' and 
adding ``SF 1449, (Rev. 10/2010)'' in its place.


53.213  [Amended]

0
16. Amend section 53.213 by removing from paragraphs (a) and (f) ``SF 
1449, (Rev. 3/2005)'' and adding ``SF 1449, (Rev. 10/2010)'', 
respectively, in its place; and by removing from paragraph (f) ``OF 347 
(Rev. 4/06)'' and adding ``OF 347, (Rev. 10/2010)'' in its place.


53.214  [Amended]

0
17. Amend section 53.214 by removing from paragraph (d) ``SF 1447 (APR 
2008)'' and adding ``SF 1447 (Rev. 11/2010)'' in its place.


53.236-1  [Amended]

0
18. Amend section 53.236-1 by removing from paragraph (e) ``OF 347 
(Rev. 03/2005)'' and adding ``OF 347, (Rev. 10/2010)'' in its place.

0
19. Amend section 53.301-1447 by revising the form to read as follows:


53.301-1447  Solicitation/Contract.

BILLING CODE 6820-EP-P

[[Page 82569]]

[GRAPHIC] [TIFF OMITTED] TR30DE10.015


[[Page 82570]]


[GRAPHIC] [TIFF OMITTED] TR30DE10.016


0
20. Amend section 53.301-1449 by revising the form to read as follows:


53.301-1449  Solicitation/Contract/Order for Commercial Items.

[[Page 82571]]

[GRAPHIC] [TIFF OMITTED] TR30DE10.017


[[Page 82572]]


[GRAPHIC] [TIFF OMITTED] TR30DE10.018


0
21. Amend section 53.302-347 by revising the form to read as follows:


53.302-347  Order for Supplies or Services.

[[Page 82573]]

[GRAPHIC] [TIFF OMITTED] TR30DE10.019


[[Page 82574]]


[GRAPHIC] [TIFF OMITTED] TR30DE10.020

[FR Doc. 2010-32900 Filed 12-29-10; 8:45 am]
BILLING CODE