Federal Acquisition Regulation; Bid Protest and Appeal Authorities, 56742-56743 [2012-22584]
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Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Rules and Regulations
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it does not have a
significant effect beyond the internal
operating procedures of the Federal
Government, nor will it have a
significant cost or administrative impact
on contractors or offerors. These
requirements affect only the internal
operating procedures of the
Government.
IV. 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 not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
V. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision, and 41 U.S.C. 1707 does
not require publication for public
comment.
DEPARTMENT OF DEFENSE
PART 19—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
part 19 is revised to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
19.001
2. Amend section 19.001 by removing
from the definition ‘‘Industry’’ the
words ‘‘(available via the Internet at
https://www.census.gov/epcd/www/
naics.html)’’.
■ 3. Amend section 19.102 by—
■ a. Revising paragraph (a);
■ b. Removing from paragraph (b)(1)
‘‘via the Internet at https://
www.census.gov/epcd/www/naics.html’’
and adding ‘‘at https://www.census.gov/
eos/www/naics/’’ in its place; and
■ c. Removing paragraph (g) to read as
follows:
Size standards.
(a)(1) The SBA establishes small
business size standards on an industryby-industry basis. (See 13 CFR Part 121).
Small business size standards matched
to industry NAICS codes are published
by the Small Business Administration
and are available at https://www.sba.gov/
content/table-small-business-sizestandards.
(2) NAICS codes are updated by the
Office of Management and Budget
through its Economic Classification
Policy Committee every five years. New
NAICS codes are not available for use in
Federal contracting until the Small
Business Administration publishes
corresponding industry size standards
(see 19.102(a)(1)).
*
*
*
*
*
VI. 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).
4. Amend section 19.303 by adding a
new sentence at the end of paragraph (a)
to read as follows:
19.303 Determining North American
Industry Classification System (NAICS)
codes and size standards.
List of Subject in 48 CFR Part 19
mstockstill on DSK4VPTVN1PROD with RULES3
Government procurement.
Dated: September 7, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
■
(a) * * * For information on size
standards matched to industry NAICS
codes, including the use of new NAICS
codes, see also 19.102(a).
*
*
*
*
*
[FR Doc. 2012–22578 Filed 9–12–12; 8:45 am]
BILLING CODE 6820–EP–P
Therefore, DoD, GSA, and NASA
amend 48 CFR part 19 as set forth
below:
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NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 33
[Amended]
■
19.102
GENERAL SERVICES
ADMINISTRATION
Sfmt 4700
[FAC 2005–61; FAR Case 2012–008; Item
IV; Docket 2012–0008, Sequence 1]
RIN 9000–AM31
Federal Acquisition Regulation; Bid
Protest and Appeal Authorities
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
address bid protest and appeal
authorities.
DATES: Effective Date: September 13,
2012.
FOR FURTHER INFORMATION CONTACT: Mr.
Edward Loeb, Procurement Analyst, at
202–501–0650 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat at 202–501–
4755. Please cite FAC 2005–61, FAR
Case 2012–008.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
Protests are addressed at FAR subpart
33.1, and contract disputes are
addressed at FAR subpart 33.2. The
Defense Acquisition Regulations
Council and the Civilian Agency
Acquisition Council determined that
FAR part 33 should be amended to (1)
note that there are other Federal-court
related protest authorities and disputeappeal authorities that are not covered
by FAR part 33 and (2) provide
contracting officers with appropriate
references to their office of legal counsel
and the Web site for the rules of the U.S.
Court of Federal Claims. FAR 33.001
and 33.105 are added and FAR 33.101,
Definitions, and 33.102, General, are
amended by this final rule.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
‘‘Publication of proposed
regulations’’, 41 U.S.C. 1707, is the
statute which applies to the publication
of the FAR. Paragraph (a)(1) of the
statute requires that a procurement
policy, regulation, procedure or form
E:\FR\FM\13SER3.SGM
13SER3
Federal Register / Vol. 77, No. 178 / Thursday, September 13, 2012 / Rules and Regulations
(including an amendment or
modification thereof) must be published
for public comment if it relates to the
expenditure of appropriated funds, and
has either a significant effect beyond the
internal operating procedures of the
agency issuing the policy, regulation,
procedure or form, or has a significant
cost or administrative impact on
contractors or offerors. This final rule is
not required to be published for public
comment, because it only refers to the
statutory authorities and provides an
internal requirement for contracting
officers to contact their designated legal
advisor for additional information
whenever they become aware of any
litigation related to their contracts. The
FAR does not address the substance of
these authorities. These requirements
affect only the internal operating
procedures of the Government.
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 not a significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993. This
rule is not a major rule under 5 U.S.C.
804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does
not apply to this rule because this final
rule does not constitute a significant
FAR revision, and 41 U.S.C. 1707 does
not require publication for public
comment.
mstockstill on DSK4VPTVN1PROD with RULES3
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 Subject in 48 CFR Part 33
Government procurement.
Dated: September 7, 2012.
Laura Auletta,
Director, Office of Governmentwide
Acquisition Policy, Office of Acquisition
Policy, Office of Governmentwide Policy.
DEPARTMENT OF DEFENSE
Therefore, DoD, GSA, and NASA
amend 48 CFR part 33 as set forth
below:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 7 and 15
[FAC 2005–61; Item V; Docket 2012–0079;
Sequence 4]
1. The authority citation for 48 CFR
part 33 is revised to read as follows:
Federal Acquisition Regulation;
Technical Amendments
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
2. Add section 33.001 to read as
follows:
■
33.001
General.
There are other Federal court-related
protest authorities and dispute-appeal
authorities that are not covered by this
part of the FAR, e.g., 28 U.S.C. 1491 for
Court of Federal Claims jurisdiction.
Contracting officers should contact their
designated legal advisor for additional
information whenever they become
aware of any litigation related to their
contracts.
3. Amend section 33.101 by adding,
in alphabetical order, the definition
‘‘Protest venue’’ to read as follows.
33.101
Definitions.
*
*
*
*
*
Protest venue means protests filed
with the agency, the Government
Accountability Office, or the U.S. Court
of Federal Claims. U.S. District Courts
do not have any bid protest jurisdiction.
■ 4. Amend section 33.102 by revising
the first sentence of paragraph (a) to
read as follows.
33.102
General.
(a) Without regard to the protest
venue, contracting officers shall
consider all protests and seek legal
advice, whether protests are submitted
before or after award and whether filed
directly with the agency, the
Government Accountability Office
(GAO), or the U.S. Court of Federal
Claims. * * *
*
*
*
*
*
■ 5. Add section 33.105 to read as
follows.
33.105 Protests at the U.S. Court of
Federal Claims.
Procedures for protests at the U.S.
Court of Federal Claims are set forth in
the rules of the U.S. Court of Federal
Claims. The rules may be found at
https://www.uscfc.uscourts.gov/rulesand-forms.
BILLING CODE 6820–EP–P
19:34 Sep 12, 2012
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GENERAL SERVICES
ADMINISTRATION
PART 33—PROTESTS, DISPUTES,
AND APPEALS
[FR Doc. 2012–22584 Filed 9–12–12; 8:45 am]
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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: September 13,
2012.
SUMMARY:
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 2005–61,
Technical Amendments.
FOR FURTHER INFORMATION CONTACT:
In order to
update certain elements in 48 CFR parts
7 and 15, this document makes editorial
changes to the FAR.
SUPPLEMENTARY INFORMATION:
List of Subjects in 48 CFR Parts 7 and
15.
Government procurement.
Dated: September 7, 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 7 and 15 as set
forth below:
■ 1. The authority citation for 48 CFR
parts 7 and 15 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
PART 7—ACQUISITION PLANNING
2. Amend section 7.403 by revising
paragraph (b) to read as follows:
■
7.403 General Services Administration
assistance.
*
*
*
*
*
(b) Agencies may request information
from the following GSA office: U.S.
General Services Administration,
Federal Acquisition Service, Office of
E:\FR\FM\13SER3.SGM
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]]>Agencies
[Federal Register Volume 77, Number 178 (Thursday, September 13, 2012)]
[Rules and Regulations]
[Pages 56742-56743]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-22584]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 33
[FAC 2005-61; FAR Case 2012-008; Item IV; Docket 2012-0008, Sequence 1]
RIN 9000-AM31
Federal Acquisition Regulation; Bid Protest and Appeal
Authorities
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 address bid protest and appeal
authorities.
DATES: Effective Date: September 13, 2012.
FOR FURTHER INFORMATION CONTACT: Mr. Edward Loeb, Procurement Analyst,
at 202-501-0650 for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-61, FAR Case 2012-
008.
SUPPLEMENTARY INFORMATION:
I. Background
Protests are addressed at FAR subpart 33.1, and contract disputes
are addressed at FAR subpart 33.2. The Defense Acquisition Regulations
Council and the Civilian Agency Acquisition Council determined that FAR
part 33 should be amended to (1) note that there are other Federal-
court related protest authorities and dispute-appeal authorities that
are not covered by FAR part 33 and (2) provide contracting officers
with appropriate references to their office of legal counsel and the
Web site for the rules of the U.S. Court of Federal Claims. FAR 33.001
and 33.105 are added and FAR 33.101, Definitions, and 33.102, General,
are amended by this final rule.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
``Publication of proposed regulations'', 41 U.S.C. 1707, is the
statute which applies to the publication of the FAR. Paragraph (a)(1)
of the statute requires that a procurement policy, regulation,
procedure or form
[[Page 56743]]
(including an amendment or modification thereof) must be published for
public comment if it relates to the expenditure of appropriated funds,
and has either a significant effect beyond the internal operating
procedures of the agency issuing the policy, regulation, procedure or
form, or has a significant cost or administrative impact on contractors
or offerors. This final rule is not required to be published for public
comment, because it only refers to the statutory authorities and
provides an internal requirement for contracting officers to contact
their designated legal advisor for additional information whenever they
become aware of any litigation related to their contracts. The FAR does
not address the substance of these authorities. These requirements
affect only the internal operating procedures of the Government.
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 not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
The Regulatory Flexibility Act does not apply to this rule because
this final rule does not constitute a significant FAR revision, and 41
U.S.C. 1707 does not require publication for public comment.
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 Subject in 48 CFR Part 33
Government procurement.
Dated: September 7, 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 part 33 as set forth
below:
PART 33--PROTESTS, DISPUTES, AND APPEALS
0
1. The authority citation for 48 CFR part 33 is revised to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51
U.S.C. 20113.
0
2. Add section 33.001 to read as follows:
33.001 General.
There are other Federal court-related protest authorities and
dispute-appeal authorities that are not covered by this part of the
FAR, e.g., 28 U.S.C. 1491 for Court of Federal Claims jurisdiction.
Contracting officers should contact their designated legal advisor for
additional information whenever they become aware of any litigation
related to their contracts.
3. Amend section 33.101 by adding, in alphabetical order, the
definition ``Protest venue'' to read as follows.
33.101 Definitions.
* * * * *
Protest venue means protests filed with the agency, the Government
Accountability Office, or the U.S. Court of Federal Claims. U.S.
District Courts do not have any bid protest jurisdiction.
0
4. Amend section 33.102 by revising the first sentence of paragraph (a)
to read as follows.
33.102 General.
(a) Without regard to the protest venue, contracting officers shall
consider all protests and seek legal advice, whether protests are
submitted before or after award and whether filed directly with the
agency, the Government Accountability Office (GAO), or the U.S. Court
of Federal Claims. * * *
* * * * *
0
5. Add section 33.105 to read as follows.
33.105 Protests at the U.S. Court of Federal Claims.
Procedures for protests at the U.S. Court of Federal Claims are set
forth in the rules of the U.S. Court of Federal Claims. The rules may
be found at https://www.uscfc.uscourts.gov/rules-and-forms.
[FR Doc. 2012-22584 Filed 9-12-12; 8:45 am]
BILLING CODE 6820-EP-P
