Federal Acquisition Regulation; Technical Amendments, 23370-23371 [2012-9206]
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
matters when justifying and approving
the award of a sole-source 8(a) contract.
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6. Potential Impact on Native AmericanOwned Firms
Comment: Several respondents
expressed concern regarding the
possible impact facing Native Americanowned enterprises. The respondents
pointed out that the 8(a) program has
undergone considerable reform over the
last two years and has experienced
overwhelming success in achieving its
goals. The respondents also emphasized
that the vast majority of Native
American-owned enterprises have
consistently provided high value
support to their Government customers.
In view of these considerations, the
respondents requested that each
executive agency send a policy directive
to their contracting officers to outline
the benefits of the SBA 8(a) program and
the positive impact this program has
had for Native participants.
Response: The benefits of SBA’s 8(a)
program and the positive impact this
program has had for Native participants
are promoted by SBA and the Office of
Small and Disadvantaged Business
Utilization (OSDBU) on a consistent
basis throughout the Government. Each
Federal agency with contracting
authority has established an OSDBU.
The OSDBU advocates for small, small
disadvantaged (including the 8(a)
program), veteran, service-disabled
veteran-owned, HUBZone, and womenowned businesses. The OSDBU is
charged with promoting increased
access for small businesses to
procurement opportunities, conducting
outreach efforts, and providing liaison
support for small and disadvantaged
businesses. In addition, the OSDBU
works closely with program officers and
contracting officers to assist in the
accomplishment of the annual
Governmentwide 5 percent procurement
goals for small disadvantaged
businesses.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a significant
regulatory action and, therefore, was
subject to review under section 6(b) of
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E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
DEPARTMENT OF DEFENSE
IV. Regulatory Flexibility Act
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
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 the
rule does not impose any additional
requirements on the majority of small
businesses. The rule implements the
statutory requirements mandated by
section 811, Justification and Approval
of Sole-Source Contracts, of the National
Defense Authorization Act for Fiscal
Year 2010. It is recognized that a very
small number of businesses that have
been awarded 8(a) contracts over the
$20 million threshold may be impacted.
However, the rule does not limit the
number of contracts or dollars awarded
to these businesses. The rule may also
indirectly benefit the 8,833 currently
certified section 8(a) firms by improving
their likelihood of a contract award
through increased competition, but this
impact is similarly considered not
significant.
V. Paperwork Reduction Act
The final rule does not contain any
information collection requirements that
require the approval of the Office of
Management and Budget under the
Paperwork Reduction Act (44 U.S.C.
chapter 35).
List of Subjects in 48 CFR Parts 6, 15,
and 19
Government procurement.
Dated: April 11, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 1 and 52
[FAC 2005–58; Item IV; Docket 2012–0079;
Sequence 2]
Federal Acquisition Regulation;
Technical Amendments
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
ACTION: Final rule.
AGENCY:
This document makes
amendments to the Federal Acquisition
Regulation (FAR) in order to make
editorial changes.
DATES: Effective Date: April 18, 2012.
FOR FURTHER INFORMATION CONTACT: The
Regulatory Secretariat, 1275 First Street
NE., 7th Floor, Washington, DC 20417,
202–501–4755, for information
pertaining to status or publication
schedules. Please cite FAC 2005–58,
Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to
update certain elements in 48 CFR parts
1 and 52, this document makes editorial
changes to the FAR.
SUMMARY:
List of Subjects in 48 CFR Parts 1 and
52
Government procurement.
Dated: April 11, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR parts 1 and 52 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 1 and 52 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).
Interim Rule Adopted as Final Without
Change
PART 1—FEDERAL ACQUISITION
REGULATIONS SYSTEM
Accordingly, the interim rule
amending 48 CFR parts 6, 15, and 19,
which was published in the Federal
Register at 76 FR 14559 on March 16,
2011, is adopted as a final rule without
change.
■
■
[FR Doc. 2012–9204 Filed 4–17–12; 8:45 am]
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2. Amend section 1.201–1 by revising
paragraph (c) to read as follows:
1.201–1
The two councils.
*
*
*
*
*
(c) The Director of the DAR Council
shall be the representative of the
Secretary of Defense. The operation of
the DAR Council will be as prescribed
by the Secretary of Defense.
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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations
Membership shall include
representatives of the military
departments, the Defense Logistics
Agency, the Defense Contract
Management Agency, and the National
Aeronautics and Space Administration.
*
*
*
*
*
52.219–28 Post-Award Small Business
Program Rerepresentation.
ACTION:
*
SUMMARY:
PART 52—SOLICITATION PROVISIONS
AND CONTRACT CLAUSES
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23371
52.212–5
*
*
*
*
Post-Award Small Business Program
Rerepresentation (Apr 2012)
*
*
*
*
*
[FR Doc. 2012–9206 Filed 4–17–12; 8:45 am]
DEPARTMENT OF DEFENSE
[Amended]
2. Amend section 52.212–5 by
removing from paragraph (b)(7) ‘‘(Jan
2012)’’ and adding ‘‘(Feb 2012)’’ in its
place; and removing from paragraph
(b)(23) ‘‘(Apr 2009)’’ and adding ‘‘(Apr
2012)’’ in its place.
■
3. Amend section 52.219–28 by
revising the date of the clause, and
removing from paragraph (c) ‘‘https://
www.sba.gov/services/
contractingopportunities/
sizestandardstopics/’’ and adding
‘‘https://www.sba.gov/content/tablesmall-business-size-standards’’ in its
place.
The revised text reads as follows:
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Chapter 1
■
[Docket FAR 2012–0081, Sequence 3]
Federal Acquisition Regulation;
Federal Acquisition Circular 2005–58;
Small Entity Compliance Guide
Department of Defense (DoD),
General Services Administration (GSA),
and National Aeronautics and Space
Administration (NASA).
AGENCY:
Small Entity Compliance Guide.
This document is issued
under the joint authority of DOD, GSA,
and NASA. This Small Entity
Compliance Guide has been prepared in
accordance with section 212 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. It consists of a
summary of the rule appearing in
Federal Acquisition Circular (FAC)
2005–58, which amends the Federal
Acquisition Regulation (FAR). An
asterisk (*) next to a rule indicates that
a regulatory flexibility analysis has been
prepared. Interested parties may obtain
further information regarding this rule
by referring to FAC 2005–58, which
precedes this document. These
documents are also available via the
Internet at https://www.regulations.gov.
DATES: April 18, 2012.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact the
analyst whose name appears in the table
below. Please cite FAC 2005–58 and the
FAR case number. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat at 202–501–4755.
LIST OF RULES IN FAC 2005–58
Item
Subject
I * ......................................
II .......................................
III ......................................
IV .....................................
Biobased Procurements ..................................................................................................
Representation Regarding Export of Sensitive Technology to Iran ................................
Justification and Approval of Sole-Source 8(a) Contracts ..............................................
Technical Amendments.
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SUPPLEMENTARY INFORMATION:
Summaries for each FAR rule follow.
For the actual revisions and/or
amendments made by these FAR cases,
refer to the specific item numbers and
subject set forth in the documents
following these item summaries. FAC
2005–58 amends the FAR as specified
below:
Item I—Biobased Procurements (FAR
Case 2010–004)
This final rule amends the FAR to
implement changes that require
contractors to report the biobased
products purchased under service and
construction contracts. The Farm
Security and Rural Investment Act
(7 U.S.C. 8102) requires agencies to
report this information to the Office of
Federal Procurement Policy. This
reporting will enable agencies to
monitor compliance with the Federal
preference for purchasing biobased
products. Contractors may need to
create an inventory management system
to track the biobased products
purchased for each contract. However,
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FAR case
this rule may enhance small business
biobased product suppliers’
participation in this market.
Item II—Representation Regarding
Export of Sensitive Technology to Iran
(FAR Case 2010–018)
This final rule adopts, with minor
changes, an interim rule which added a
representation to implement section 106
of the Comprehensive Iran Sanctions,
Accountability, and Divestment Act of
2010. Section 106 imposes a
procurement prohibition relating to
contracts with persons that export
certain sensitive technology to Iran.
This rule has no significant impact on
small business concerns.
Item III—Justification and Approval of
Sole-Source 8(a) Contracts (FAR Case
2009–038)
This rule adopts as final, without
change, an interim rule published in the
Federal Register at 76 FR 14559 on
March 16, 2011, which implemented
section 811 of the National Defense
Authorization Act for Fiscal Year 2010
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2010–004
2010–018
2009–038
Analyst
Clark.
Davis.
Morgan.
(Pub. L. 111–84). Section 811 prohibits
the award of a sole-source contract in an
amount over $20 million under the 8(a)
program authority (15 U.S.C. 637(a))
without first obtaining a written
Justification and Approval (J&A)
approved by an appropriate official, and
making public the J&A and related
information. This internal Government
requirement for the development and
approval of a sole-source J&A for 8(a)
sole-source awards over $20 million
neither prohibits such awards nor
increases the qualifications required of
8(a) firms.
Item IV—Technical Amendments
Editorial changes are made at FAR
1.201–1, 52.212–5, and 52.219–28.
Dated: April 11, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
[FR Doc. 2012–9215 Filed 4–17–12; 8:45 am]
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]]>Agencies
[Federal Register Volume 77, Number 75 (Wednesday, April 18, 2012)]
[Rules and Regulations]
[Pages 23370-23371]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-9206]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 1 and 52
[FAC 2005-58; Item IV; Docket 2012-0079; Sequence 2]
Federal Acquisition Regulation; Technical Amendments
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This document makes amendments to the Federal Acquisition
Regulation (FAR) in order to make editorial changes.
DATES: Effective Date: April 18, 2012.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat, 1275 First
Street NE., 7th Floor, Washington, DC 20417, 202-501-4755, for
information pertaining to status or publication schedules. Please cite
FAC 2005-58, Technical Amendments.
SUPPLEMENTARY INFORMATION: In order to update certain elements in 48
CFR parts 1 and 52, this document makes editorial changes to the FAR.
List of Subjects in 48 CFR Parts 1 and 52
Government procurement.
Dated: April 11, 2012.
Laura Auletta,
Director, Office of Governmentwide Acquisition Policy, Office of
Acquisition Policy, Office of Governmentwide Policy.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 1 and 52 as set
forth below:
0
1. The authority citation for 48 CFR parts 1 and 52 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
0
2. Amend section 1.201-1 by revising paragraph (c) to read as follows:
1.201-1 The two councils.
* * * * *
(c) The Director of the DAR Council shall be the representative of
the Secretary of Defense. The operation of the DAR Council will be as
prescribed by the Secretary of Defense.
[[Page 23371]]
Membership shall include representatives of the military departments,
the Defense Logistics Agency, the Defense Contract Management Agency,
and the National Aeronautics and Space Administration.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
52.212-5 [Amended]
0
2. Amend section 52.212-5 by removing from paragraph (b)(7) ``(Jan
2012)'' and adding ``(Feb 2012)'' in its place; and removing from
paragraph (b)(23) ``(Apr 2009)'' and adding ``(Apr 2012)'' in its
place.
0
3. Amend section 52.219-28 by revising the date of the clause, and
removing from paragraph (c) ``https://www.sba.gov/services/
contractingopportunities/sizestandardstopics/'' and adding ``https://
www.sba.gov/content/table-small-business-size-standards'' in its place.
The revised text reads as follows:
52.219-28 Post-Award Small Business Program Rerepresentation.
* * * * *
Post-Award Small Business Program Rerepresentation (Apr 2012)
* * * * *
[FR Doc. 2012-9206 Filed 4-17-12; 8:45 am]
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