Federal Acquisition Regulation: Duties of Office of Small and Disadvantaged Business Utilization, 19146-19148 [2018-09166]
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19146
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
rule is not a major rule under 5 U.S.C.
804.
VII. Executive Order 13771
Pursuant to E.O. 13771, this rule is a
deregulatory action. Information on the
expected cost savings of this action can
be found in section III of the preamble.
(ii) Protests of orders in excess of the
thresholds stated in 16.505(a)(10)(i)(B)
may only be filed with the Government
Accountability Office, in accordance
with the procedures at 33.104.
*
*
*
*
*
[FR Doc. 2018–09165 Filed 4–30–18; 8:45 am]
BILLING CODE 6820–EP–P
VIII. Regulatory Flexibility Act
Because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
1707(a)(1) (see section V. of this
preamble), the analytical requirements
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) are not applicable.
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
IX. Paperwork Reduction Act
List of Subjects in 48 CFR Part 16
Government procurement.
Dated: April 25, 2018.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
PART 16—TYPES OF CONTRACTS
1. The authority citation for part 16
continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
2. Amend section 16.505 by revising
paragraph (a)(10) to read as follows:
■
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Ordering.
(a) * * *
(10)(i) No protest under subpart 33.1
is authorized in connection with the
issuance or proposed issuance of an
order under a task-order contract or
delivery-order contract, except—
(A) A protest on the grounds that the
order increases the scope, period, or
maximum value of the contract; or
(B)(1) For agencies other than DoD,
NASA, and the Coast Guard, a protest of
an order valued in excess of $10 million
(41 U.S.C. 4106(f)); or
(2) For DoD, NASA, or the Coast
Guard, a protest of an order valued in
excess of $25 million (10 U.S.C.
2304c(e)).
18:35 Apr 30, 2018
Jkt 244001
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005–98; FAR Case 2017–008: Item
II; Docket No. 2017–0008; Sequence No. 1]
Federal Acquisition Regulation: Duties
of Office of Small and Disadvantaged
Business Utilization
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
reflect sections of the National Defense
Authorization Act for Fiscal Year 2017,
which amend section 15(k) of the Small
Business Act to provide additional
duties for agencies’ Office of Small and
Disadvantaged Business Utilization
(OSDBU), and for DoD’s Office of Small
Business Programs (OSBP).
DATES: Effective: May 31, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Janet Fry, Procurement Analyst, at 703–
605–3167 for clarification of content.
For information pertaining to status or
publication schedules, contact the
Regulatory Secretariat Division at 202–
501–4755. Please cite FAC 2005–98,
FAR Case 2017–008.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Therefore, DoD, GSA, and NASA are
amending 48 CFR part 16 as set forth
below:
VerDate Sep<11>2014
GENERAL SERVICES
ADMINISTRATION
RIN 9000–AN36
The 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).
16.505
DEPARTMENT OF DEFENSE
I. Background
DoD, GSA, and NASA are amending
the FAR to reflect sections of the
National Defense Authorization Act
(NDAA) for Fiscal Year (FY) 2017 (Pub.
L. 114–328), which amend the Small
Business Act to provide additional
duties for OSDBUs. By operation of 10
U.S.C. 144(b), these additional duties
also apply to OSBPs. Section 1812,
paragraph (a) of section 1813, and
paragraph (b) of section 1821 of the
NDAA for FY 2017 amend section 15(k)
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of the Small Business Act to add duties
for OSDBUs and OSBPs.
Section 1812 of the NDAA for FY
2017 amends the Small Business Act to
specifically reference the existing duties
of OSDBUs and OSBPs with respect to
the various small business programs and
consolidation of contract requirements.
Section 1812 also requires that OSDBUs
and OSBPs review summary purchase
card data for acquisitions above the
micro-purchase threshold (e.g., $3,500),
but below the simplified acquisition
threshold (e.g., $150,000), to ensure
these acquisitions are compliant with
the Small Business Act and have been
properly recorded in the Federal
Procurement Data System (FPDS). The
revision to the FAR reflecting section
1812 of the NDAA includes flexibility
for each OSDBU or OSBP to identify the
best purchase card data available to
their agency when implementing the
statutory requirement.
Paragraph (a) of section 1813 requires
OSDBUs and OSBPs to provide
assistance to a small business prime
contractor or subcontractor in finding
resources for education and training on
compliance with the FAR after award of
their contract or subcontract.
Paragraph (b) of section 1821 requires
OSDBUs and OSBPs to review all
required small business subcontracting
plans to ensure that they provide
maximum practicable opportunity for
small business concerns to participate
as subcontractors.
Currently, acquisition-related duties
of OSDBUs and OSBPs are found in
FAR 19.201, General policy. The duties
found in FAR 19.201 are based on the
duties found in section 15(k) of the
Small Business Act (15 U.S.C. 644(k)).
Additional OSDBU and OSBP
acquisition-related duties enacted before
the NDAA for FY 2017 listed at 15
U.S.C. 644(k), which were not
previously updated in the FAR, are also
included in this rule.
Additionally, this rule revises the
OSDBU and OSBP duty at FAR
19.201(c)(5), which relates to increasing
small business participation in
solicitations that involve bundling. This
revision reflects that OSDBUs and
OSBPs perform much broader functions
under those scenarios than what is
currently listed in the FAR.
II. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the FAR is the Office of
Federal Procurement Policy statute
(codified at title 41 of the United States
Code). Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
E:\FR\FM\01MYR2.SGM
01MYR2
Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
regulation, procedure, or form
(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. While this final
rule relates to the expenditure of
appropriated funds, it is not required to
be published for public comment
because it does not have a significant
effect or impose any requirements on
contractors or offerors; the rule only
provides information to contracting
officers. This information affects only
the internal operating procedures of the
Government.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold (SAT) and for Commercial
Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule amends FAR 19.201,
General policy. The objective of the rule
is to update the list of duties for
OSDBUs and OSBPs in line with section
15(k) of the Small Business Act. No
clauses or provisions are being created
or revised by this rule.
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.
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V. Executive Order 13771
This rule is exempt under E.O. 13771
as it is related to agency organization,
management, or personnel.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because a notice of proposed
rulemaking and an opportunity for
public comment are not required to be
given for this rule under 41 U.S.C.
VerDate Sep<11>2014
18:35 Apr 30, 2018
Jkt 244001
1707(a)(1) (see section II. of this
preamble). Accordingly, no regulatory
flexibility analysis is required and none
has been prepared.
VII. Paperwork Reduction Act
The 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 Part 19
Government procurement.
Dated: April 25, 2018.
William F. Clark,
Director, Office of Government-wide
Acquisition Policy, Office of Acquisition
Policy, Office of Government-wide Policy.
Therefore, DoD, GSA, and NASA
amend 48 CFR part 19 as set forth
below:
PART 19—SMALL BUSINESS
PROGRAMS
1. The authority citation for part 19
continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.
2. Amend section 19.201 by revising
paragraph (c) to read as follows.
■
19.201
General policy.
*
*
*
*
*
(c) The Small Business Act requires
each agency with contracting authority
to establish an Office of Small and
Disadvantaged Business Utilization (see
section 15(k) of the Small Business Act).
For the Department of Defense, in
accordance with section 904 of the
National Defense Authorization Act for
Fiscal Year 2006 (Pub. L. 109–163) (10
U.S.C. 144 note), the Office of Small and
Disadvantaged Business Utilization has
been redesignated as the Office of Small
Business Programs. Management of the
office is the responsibility of an officer
or employee of the agency who, in
carrying out the purposes of the Act—
(1) Is known as the Director of Small
and Disadvantaged Business Utilization,
or for the Department of Defense, the
Director of Small Business Programs;
(2) Is appointed by the agency head;
(3) Is responsible to and reports
directly to the agency head or the
deputy to the agency head;
(4) Is responsible for the agency
carrying out the functions and duties in
sections 8, 15, 31, 36, and 44 of the
Small Business Act;
(5) Works with the SBA procurement
center representative (or, if a
procurement center representative is not
assigned, see 19.402(a)(2)) to identify
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19147
proposed solicitations that involve
bundling and work with the agency
acquisition officials and SBA to revise
the acquisition strategies for such
proposed solicitations to increase the
probability of participation by small
businesses;
(6) Assists small business concerns in
obtaining payments under their
contracts, late payment interest
penalties, or information on contractual
payment provisions;
(7) Has supervisory authority over
agency personnel to the extent that their
functions and duties relate to sections 8,
15, 31, 36, and 44 of the Small Business
Act;
(8) Assigns a small business technical
advisor to each contracting activity
within the agency to which the SBA has
assigned a representative (see 19.402)—
(i) Who is a full-time employee of the
contracting activity, well qualified,
technically trained, and familiar with
the supplies or services contracted for
by the activity; and
(ii) Whose principal duty is to assist
the SBA’s assigned representative in
performing functions and duties relating
to sections 8, 15, 31, 36, and 44 of the
Small Business Act;
(9) Cooperates and consults on a
regular basis with the SBA in carrying
out the agency’s functions and duties in
sections 8, 15, 31, 36, and 44 of the
Small Business Act;
(10) Makes recommendations in
accordance with agency procedures as
to whether a particular acquisition
should be awarded under subpart 19.5
as a small business set-aside, under
subpart 19.8 as a section 8(a) award,
under subpart 19.13 as a HUBZone setaside, under subpart 19.14 as a servicedisabled veteran-owned small business
set-aside, or under subpart 19.15 as a
set-aside for economically
disadvantaged women-owned small
business (EDWOSB) concerns or
women-owned small business (WOSB)
concerns eligible under the WOSB
Program;
(11) Conducts annual reviews to
assess the—
(i) Extent to which small businesses
are receiving a fair share of Federal
procurements, including contract
opportunities under the programs
administered under the Small Business
Act;
(ii) Adequacy of consolidated or
bundled contract documentation and
justifications; and
(iii) Actions taken to mitigate the
effects of necessary and justified
consolidation or bundling on small
businesses;
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Federal Register / Vol. 83, No. 84 / Tuesday, May 1, 2018 / Rules and Regulations
(12) Provides a copy of the assessment
made under paragraph (c)(11) of this
section to the Agency Head and SBA
Administrator;
(13) Provides to the chief acquisition
officer and senior procurement
executive advice and comments on
acquisition strategies, market research,
and justifications related to
consolidation of contract requirements;
(14) When notified by a small
business concern prior to the award of
a contract that the small business
concern believes that a solicitation,
request for proposal, or request for
quotation unduly restricts the ability of
the small business concern to compete
for the award—
(i) Submits the notification by the
small business concern to the
contracting officer and, if necessary,
recommends ways in which the
solicitation, request for proposal, or
request for quotation may be altered to
increase the opportunity for
competition; and
(ii) Informs the advocate for
competition of such agency (as
established under 41 U.S.C 1705 or 10
U.S.C. 2318) of such notification;
(15) Ensures agency purchases using
the Governmentwide purchase card that
are greater than the micro-purchase
threshold and less than the simplified
acquisition threshold were made in
compliance with the Small Business Act
and were properly recorded in
accordance with subpart 4.6 in the
Federal Procurement Data System;
(16) Assists small business contractors
and subcontractors in finding resources
for education and training on
compliance with contracting
regulations;
(17) Reviews all subcontracting plans
required by 19.702(a) to ensure the plan
provides maximum practicable
opportunity for small business concerns
to participate in the performance of the
contract; and
(18) Performs other duties listed at 15
U.S.C. 644(k).
*
*
*
*
*
[FR Doc. 2018–09166 Filed 4–30–18; 8:45 am]
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BILLING CODE 6820–EP–P
DEPARTMENT OF DEFENSE
GENERAL SERVICES
ADMINISTRATION
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
48 CFR Parts 22 and 52
[FAC 2005–98; FAR Case 2017–004; Item
III; Docket No. 2017–0004, Sequence
No. 1]
RIN 9000–AN37
Federal Acquisition Regulation:
Liquidated Damages Rate Adjustment
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 to amend the Federal
Acquisition Regulation (FAR) to adjust
for inflation the rate of liquidated
damages assessed for violations of the
overtime provisions of the Contract
Work Hours and Safety Standards Act.
DATES: Effective: May 31, 2018.
FOR FURTHER INFORMATION CONTACT: Ms.
Zenaida Delgado, Procurement Analyst,
at 202–969–7207 for clarification of
content. For information pertaining to
status or publication schedules, contact
the Regulatory Secretariat Division at
202–501–4755. Please cite FAC 2005–
98, FAR Case 2017–004.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
DoD, GSA, and NASA are issuing a
final rule amending the Federal
Acquisition Regulation (FAR) to
implement the Department of Labor
(DOL) interim final rule published in
the Federal Register at 81 FR 43430 on
July 1, 2016, the final rule published in
the Federal Register at 82 FR 5373 on
January 18, 2017, and subsequent
adjustments for inflation pursuant to the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Inflation Adjustment Act) (section
701 of Pub. L. 114–74) (28 U.S.C. 2461
Note). The Inflation Adjustment Act
requires agencies to adjust the levels of
civil monetary penalties for inflation no
later than January 15 of each year.
II. Discussion and Analysis
The DOL rule set the new rate of
liquidated damages at $25 per
individual for each calendar day on
which a laborer or mechanic employed
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18:35 Apr 30, 2018
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under a contract or subcontract subject
to the overtime provisions of the
Contract Work Hours and Safety
Standards Act was required or
permitted to work in excess of the
standard workweek of 40 hours without
payment of the required overtime
wages. Since this rate will continue to
change annually for inflation, FAR
22.302, Liquidated Damages and
Overtime Pay, and paragraph (b) of FAR
clause 52.222–4, Contract Work Hours
and Safety Standards—Overtime
Compensation, are revised to reference
the current liquidated damages rate, as
specified in the DOL regulations at 29
CFR 5.5(b)(2). With this reference being
incorporated in lieu of the dollar
amount, an annual FAR change will not
be necessary.
III. Applicability to Contracts at or
Below the Simplified Acquisition
Threshold and for Commercial Items,
Including Commercially Available Offthe-Shelf Items
This rule amends the FAR to refer to
the rate of liquidated damages for
violations of the overtime provisions of
the Contract Work Hours and Safety
Standards Act, in accordance with DOL
regulations, rather than provide a
specific dollar rate, because this rate is
adjusted annually. The revisions do not
add any new burdens or impact
applicability of clauses and provisions
at or below the simplified acquisition
threshold, or to commercial items.
IV. Publication of This Final Rule for
Public Comment Is Not Required by
Statute
The statute that applies to the
publication of the Federal Acquisition
Regulation (FAR) is the Office of Federal
Procurement Policy statute (codified at
title 41 of the United States Code).
Specifically, 41 U.S.C. 1707(a)(1)
requires that a procurement policy,
regulation, procedure, or form
(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 this final FAR rule
merely implements the requirements of
the DOL rule that was published for
comment—interim final rule published
in the Federal Register at 81 FR 43430
on July 1, 2016, and the final rule
published in the Federal Register at 82
FR 5373 on January 18, 2017. The new
E:\FR\FM\01MYR2.SGM
01MYR2
]]>Agencies
[Federal Register Volume 83, Number 84 (Tuesday, May 1, 2018)]
[Rules and Regulations]
[Pages 19146-19148]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-09166]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005-98; FAR Case 2017-008: Item II; Docket No. 2017-0008;
Sequence No. 1]
RIN 9000-AN36
Federal Acquisition Regulation: Duties of Office of Small and
Disadvantaged Business Utilization
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 reflect sections of the
National Defense Authorization Act for Fiscal Year 2017, which amend
section 15(k) of the Small Business Act to provide additional duties
for agencies' Office of Small and Disadvantaged Business Utilization
(OSDBU), and for DoD's Office of Small Business Programs (OSBP).
DATES: Effective: May 31, 2018.
FOR FURTHER INFORMATION CONTACT: Ms. Janet Fry, Procurement Analyst, at
703-605-3167 for clarification of content. For information pertaining
to status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755. Please cite FAC 2005-98, FAR Case 2017-008.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA are amending the FAR to reflect sections of the
National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2017
(Pub. L. 114-328), which amend the Small Business Act to provide
additional duties for OSDBUs. By operation of 10 U.S.C. 144(b), these
additional duties also apply to OSBPs. Section 1812, paragraph (a) of
section 1813, and paragraph (b) of section 1821 of the NDAA for FY 2017
amend section 15(k) of the Small Business Act to add duties for OSDBUs
and OSBPs.
Section 1812 of the NDAA for FY 2017 amends the Small Business Act
to specifically reference the existing duties of OSDBUs and OSBPs with
respect to the various small business programs and consolidation of
contract requirements. Section 1812 also requires that OSDBUs and OSBPs
review summary purchase card data for acquisitions above the micro-
purchase threshold (e.g., $3,500), but below the simplified acquisition
threshold (e.g., $150,000), to ensure these acquisitions are compliant
with the Small Business Act and have been properly recorded in the
Federal Procurement Data System (FPDS). The revision to the FAR
reflecting section 1812 of the NDAA includes flexibility for each OSDBU
or OSBP to identify the best purchase card data available to their
agency when implementing the statutory requirement.
Paragraph (a) of section 1813 requires OSDBUs and OSBPs to provide
assistance to a small business prime contractor or subcontractor in
finding resources for education and training on compliance with the FAR
after award of their contract or subcontract.
Paragraph (b) of section 1821 requires OSDBUs and OSBPs to review
all required small business subcontracting plans to ensure that they
provide maximum practicable opportunity for small business concerns to
participate as subcontractors.
Currently, acquisition-related duties of OSDBUs and OSBPs are found
in FAR 19.201, General policy. The duties found in FAR 19.201 are based
on the duties found in section 15(k) of the Small Business Act (15
U.S.C. 644(k)). Additional OSDBU and OSBP acquisition-related duties
enacted before the NDAA for FY 2017 listed at 15 U.S.C. 644(k), which
were not previously updated in the FAR, are also included in this rule.
Additionally, this rule revises the OSDBU and OSBP duty at FAR
19.201(c)(5), which relates to increasing small business participation
in solicitations that involve bundling. This revision reflects that
OSDBUs and OSBPs perform much broader functions under those scenarios
than what is currently listed in the FAR.
II. Publication of This Final Rule for Public Comment Is Not Required
by Statute
The statute that applies to the publication of the FAR is the
Office of Federal Procurement Policy statute (codified at title 41 of
the United States Code). Specifically, 41 U.S.C. 1707(a)(1) requires
that a procurement policy,
[[Page 19147]]
regulation, procedure, or form (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. While this final rule
relates to the expenditure of appropriated funds, it is not required to
be published for public comment because it does not have a significant
effect or impose any requirements on contractors or offerors; the rule
only provides information to contracting officers. This information
affects only the internal operating procedures of the Government.
III. Applicability to Contracts at or Below the Simplified Acquisition
Threshold (SAT) and for Commercial Items, Including Commercially
Available Off-the-Shelf (COTS) Items
This rule amends FAR 19.201, General policy. The objective of the
rule is to update the list of duties for OSDBUs and OSBPs in line with
section 15(k) of the Small Business Act. No clauses or provisions are
being created or revised by this rule.
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. Executive Order 13771
This rule is exempt under E.O. 13771 as it is related to agency
organization, management, or personnel.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not
apply to this rule, because a notice of proposed rulemaking and an
opportunity for public comment are not required to be given for this
rule under 41 U.S.C. 1707(a)(1) (see section II. of this preamble).
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
VII. Paperwork Reduction Act
The 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 Part 19
Government procurement.
Dated: April 25, 2018.
William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of
Acquisition Policy, Office of Government-wide Policy.
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 part 19 continues 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. Amend section 19.201 by revising paragraph (c) to read as follows.
19.201 General policy.
* * * * *
(c) The Small Business Act requires each agency with contracting
authority to establish an Office of Small and Disadvantaged Business
Utilization (see section 15(k) of the Small Business Act). For the
Department of Defense, in accordance with section 904 of the National
Defense Authorization Act for Fiscal Year 2006 (Pub. L. 109-163) (10
U.S.C. 144 note), the Office of Small and Disadvantaged Business
Utilization has been redesignated as the Office of Small Business
Programs. Management of the office is the responsibility of an officer
or employee of the agency who, in carrying out the purposes of the
Act--
(1) Is known as the Director of Small and Disadvantaged Business
Utilization, or for the Department of Defense, the Director of Small
Business Programs;
(2) Is appointed by the agency head;
(3) Is responsible to and reports directly to the agency head or
the deputy to the agency head;
(4) Is responsible for the agency carrying out the functions and
duties in sections 8, 15, 31, 36, and 44 of the Small Business Act;
(5) Works with the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)(2)) to
identify proposed solicitations that involve bundling and work with the
agency acquisition officials and SBA to revise the acquisition
strategies for such proposed solicitations to increase the probability
of participation by small businesses;
(6) Assists small business concerns in obtaining payments under
their contracts, late payment interest penalties, or information on
contractual payment provisions;
(7) Has supervisory authority over agency personnel to the extent
that their functions and duties relate to sections 8, 15, 31, 36, and
44 of the Small Business Act;
(8) Assigns a small business technical advisor to each contracting
activity within the agency to which the SBA has assigned a
representative (see 19.402)--
(i) Who is a full-time employee of the contracting activity, well
qualified, technically trained, and familiar with the supplies or
services contracted for by the activity; and
(ii) Whose principal duty is to assist the SBA's assigned
representative in performing functions and duties relating to sections
8, 15, 31, 36, and 44 of the Small Business Act;
(9) Cooperates and consults on a regular basis with the SBA in
carrying out the agency's functions and duties in sections 8, 15, 31,
36, and 44 of the Small Business Act;
(10) Makes recommendations in accordance with agency procedures as
to whether a particular acquisition should be awarded under subpart
19.5 as a small business set-aside, under subpart 19.8 as a section
8(a) award, under subpart 19.13 as a HUBZone set-aside, under subpart
19.14 as a service-disabled veteran-owned small business set-aside, or
under subpart 19.15 as a set-aside for economically disadvantaged
women-owned small business (EDWOSB) concerns or women-owned small
business (WOSB) concerns eligible under the WOSB Program;
(11) Conducts annual reviews to assess the--
(i) Extent to which small businesses are receiving a fair share of
Federal procurements, including contract opportunities under the
programs administered under the Small Business Act;
(ii) Adequacy of consolidated or bundled contract documentation and
justifications; and
(iii) Actions taken to mitigate the effects of necessary and
justified consolidation or bundling on small businesses;
[[Page 19148]]
(12) Provides a copy of the assessment made under paragraph (c)(11)
of this section to the Agency Head and SBA Administrator;
(13) Provides to the chief acquisition officer and senior
procurement executive advice and comments on acquisition strategies,
market research, and justifications related to consolidation of
contract requirements;
(14) When notified by a small business concern prior to the award
of a contract that the small business concern believes that a
solicitation, request for proposal, or request for quotation unduly
restricts the ability of the small business concern to compete for the
award--
(i) Submits the notification by the small business concern to the
contracting officer and, if necessary, recommends ways in which the
solicitation, request for proposal, or request for quotation may be
altered to increase the opportunity for competition; and
(ii) Informs the advocate for competition of such agency (as
established under 41 U.S.C 1705 or 10 U.S.C. 2318) of such
notification;
(15) Ensures agency purchases using the Governmentwide purchase
card that are greater than the micro-purchase threshold and less than
the simplified acquisition threshold were made in compliance with the
Small Business Act and were properly recorded in accordance with
subpart 4.6 in the Federal Procurement Data System;
(16) Assists small business contractors and subcontractors in
finding resources for education and training on compliance with
contracting regulations;
(17) Reviews all subcontracting plans required by 19.702(a) to
ensure the plan provides maximum practicable opportunity for small
business concerns to participate in the performance of the contract;
and
(18) Performs other duties listed at 15 U.S.C. 644(k).
* * * * *
[FR Doc. 2018-09166 Filed 4-30-18; 8:45 am]
BILLING CODE 6820-EP-P
