Acquisition Regulation: Removal of Outdated References, 69343-69345 [2019-26865]

Agencies

• DEPARTMENT OF THE INTERIOR
• Office of the Secretary

[Federal Register Volume 84, Number 243 (Wednesday, December 18, 2019)]
[Rules and Regulations]
[Pages 69343-69345]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-26865]


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DEPARTMENT OF THE INTERIOR

Office of the Secretary

48 CFR Part 1419

[190D0102DM DS62500000 DLSN00000.000000 DX62501]
RIN 1090-AB22


Acquisition Regulation: Removal of Outdated References

AGENCY: Office of Small and Disadvantaged Business Utilization, 
Interior.

ACTION: Final rule.

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SUMMARY: The Department of the Interior (DOI) is issuing a final rule 
amending the Department of the Interior Acquisition Regulation (DIAR) 
to implement Section 15(k) of the Small Business Act and remove 
outdated references and/or obsolete information.

DATES: This final rule will become effective February 18, 2020.

FOR FURTHER INFORMATION CONTACT: Mr. Christopher Bell, Senior Small 
Business Specialist, Office of Small and Disadvantaged Small Business, 
Department of the Interior, 1849 C Street NW, Mail Stop 4214 MIB, 
Washington, DC 20240; telephone (202) 208-3458 or email 
[email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    This rule will revise the Department of the Interior Acquisition 
Regulation (DIAR) in order to update references to other Federal and 
Departmental directives, remove obsolete material and remove obsolete 
references.
    On November 24th, 2015, DOI's Office of Acquisition and Property 
Management (PAM) issued a policy that deviated from DIAR 1419.2, to 
revise the content in sections 1419.201 and 1419.202. This policy 
deviation was needed to comply with statutory requirements of the Small 
Business Act. This rule updates the DIAR with changes from the class 
deviation and subsequently allows the Department to rescind the class 
deviation.
    The content of DIAR 1419.201 related to setting goals for small 
business contracting, the role of the Office of Small and Disadvantaged 
Business Utilization (OSDBU) and the appointment of Small Business 
Specialists was out of date and inconsistent with statutory 
requirements and the Federal Acquisition Regulation (FAR). The 
deviation ensured that DOI manages our small business goals in full 
compliance with SBA's procedures and adhered to FAR requirements 
regarding the role of the OSDBU and Small Business Specialists. This 
rule ensures that the role of the Director of the OSDBU is consistent 
with the Small Business Act 15 U.S.C. 644(k).
    The rule simplifies DIAR 1419.202-70 to allow the OSDBU Director 
responsibility for issuing policy on the use and content of the Form 
DI-1886 ``Acquisition Screening and Review Form''.
    The rule further intends to remove the following from DIAR 1419:
    Remove DIAR 1419.505, ``Rejecting Small Business Administration 
recommendations.'' The Department has determined that the procedures in 
FAR 19.505 are sufficient for documenting the rejection of Small 
Business Administration's recommendation and that further supplemental 
guidance in the DIAR is duplicative and redundant;
    Remove DIAR 1419.506, ``Withdrawing or modifying small business 
set-asides.'' The Department has determined that the procedures in FAR 
19.506 are sufficient for withdrawing or modifying small business set-
asides and that further supplemental guidance in the DIAR is 
duplicative and redundant;
    Remove DIAR 1419.7, ``The Small Business Subcontracting Program'', 
in its entirety. DOI has determined that the procedures in FAR 19.7 are 
sufficient for managing the DOI's small business subcontracting 
program;
    Remove DIAR 1419.803, ``Selecting acquisitions for the 8(a) 
program'' in its entirety.
    DOI has determined that the procedures in FAR 19.8 are sufficient 
for managing DOI's responsibilities under the Section 8(a) program;
    Remove DIAR 1419.9, ``Contracting Opportunities for Women-Owned 
Small Businesses'', in its entirety. The Executive order supporting the 
regulation has been superseded by the Women Owned Small Business 
program established under 15 U.S.C 637(m);
    Remove DIAR 1419.10, ``Small Business Competitiveness Demonstration 
Program'', in its entirety. FAR 19.10 was established to meet the 
requirements of the Business Opportunity Development Reform Act of 1988 
(Pub. L. 100-656). Section 1335 of the Small Business Jobs Act of 2010 
(Pub. L. 111-240) amended the Business Opportunity Development Reform 
Act of 1988 and repealed the Small Business Competitiveness 
Demonstration Program.

II. Summary of and Response to Comments

    DOI published the proposed rule 84 FR 17131 on April 24, 2019 in 
the Federal Register for a 60-day public comment period. The public 
comment period closed on June 24, 2019. DOI received no comments on the 
proposed rule in Docket No. DOI-2018-0018.

III Required Determinations

    1. Regulatory Planning and Review (Executive Orders 12866 and 
13563). Executive Order (E.O.) 12866 provides that the Office of 
Information and Regulatory Affairs (OIRA) will review all significant 
rules. OIRA has determined that this rule is not significant.
    Executive Order 13563 reaffirms the principles of E.O. 12866 while 
calling for improvements in the nation's regulatory system to promote 
predictability, to reduce uncertainty, and to use the best, most 
innovative, and least burdensome tools for achieving regulatory 
objectives. The Executive order directs agencies to consider regulatory 
approaches that reduce burdens and maintain flexibility and freedom of 
choice for the public, where these approaches are relevant, feasible, 
and consistent with regulatory objectives. E.O. 13563 emphasizes 
further that regulations must be based on the best available science 
and that the rulemaking process must allow for public participation and 
an open exchange of ideas. We have developed this rule in a manner 
consistent with these requirements.
    2. Regulatory Flexibility Act. The Secretary certifies that the 
adoption of this rule will not have a significant economic impact on a 
substantial number of small entities as they are defined in the 
Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Therefore, under 5 
U.S.C. 605(b), this rulemaking is exempt from the initial and final 
regulatory flexibility analysis requirements of sections 603 and 604.
    3. Small Business Regulatory Enforcement Fairness Act. This rule is 
not a major rule under the Small

[[Page 69344]]

Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)). This 
rule does not have an annual effect on the economy of $100 million or 
more. This rule will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions. This rule does not have significant 
adverse effects on competition, employment, investment, productivity, 
innovation, or the ability of U.S.-based enterprises to compete with 
foreign-based enterprises.
    4. Unfunded Mandates Reform Act. This rule does not impose an 
unfunded mandate on State, local, or tribal governments or the private 
sector of more than $100 million per year. The rule does not have a 
significant or unique effect on State, local, or tribal governments, or 
the private sector nor does the rule impose requirements on State, 
local, or tribal governments. A statement containing the information 
required by the Unfunded Mandates Reform Act (2 U.S.C. 1531 et seq.) is 
not required.
    5. Takings (E.O. 12630). This rule does not affect a taking of 
private property or otherwise have taking implications under Executive 
Order 12630. A takings implication assessment is not required.
    6. Federalism (E.O. 13132). Under the criteria in section 1 of E.O. 
13132, this rule does not have sufficient federalism implications to 
warrant the preparation of a federalism summary impact statement. It 
would not substantially and directly affect the relationship between 
the Federal and state governments. A federalism summary impact 
statement is not required.
    7. Civil Justice Reform (E.O. 12988). This rule complies with the 
requirements of E.O. 12988. Specifically, this rule (1) meets the 
criteria of section 3(a) of this E.O. requiring that all regulations be 
reviewed to eliminate errors and ambiguity and be written to minimize 
litigation; and (2) meets the criteria of section 3(b)(2) of this E.O. 
requiring that all regulations be written in clear language and contain 
clear legal standards.
    8. Consultation with Indian tribes (E.O. 13175). The Department 
strives to strengthen its government-to-government relationship with 
Indian tribes through a commitment to consultation and recognition of 
their right to self-governance and tribal sovereignty. We have 
evaluated this rule under the Department's consultation policy and 
under the criteria in E.O. 13175 and have determined that it has no 
substantial direct effect on federally recognized Indian tribes and 
that consultation under the Department's tribal consultation policy is 
not required. This rule does not apply to tribal awards made in 
accordance with the Indian Self-Determination and Education Assistance 
Act (Pub. L. 93-638, 88 Stat. 2204), as amended.
    9. Paperwork Reduction Act, 44 U.S.C. 3501, et seq. This rule does 
not contain information collection requirements, and a submission to 
the Office of Management and Budget under the Paperwork Reduction Act 
(PRA) is not required.
    10. National Environmental Policy Act. This rule does not 
constitute a major Federal action significantly affecting the quality 
of the human environment. A detailed statement under the National 
Environmental Policy Act of 1969 (NEPA) is not required because the 
rule is covered by the categorical exclusion listed in 43 CFR 
46.210(c). We have also determined that the rule does not involve any 
of the extraordinary circumstances listed in 43 CFR 46.215 that would 
require further analysis under NEPA.
    11. Effects on the Energy Supply (E.O. 13211). This rule is not a 
significant energy action under the definition in E.O. 13211. A 
Statement of Energy Effects is not required.
    12. Clarity of this Regulation. We are required by Executive Orders 
12866 (section 1(b)(12)), and 12988 (section 3(b)(1)(B)), and 13563 
(section 1(a)), and the Presidential Memorandum of June 1, 1998, to 
write all rules in plain language. This means that each rule we publish 
must (1) be logically organized; (2) use the active voice to address 
readers directly; (3) use common, everyday words and clear language 
rather than jargon; (4) be divided into short sections and sentences; 
and (5) use lists and tables wherever possible.
    13. Public availability of comments. Before including your address, 
phone number, email address, or other personal identifying information 
in your comment, you should be aware that your entire comment--
including your personal identifying information--may be publically 
available at any time. While you can ask us in your comment to withhold 
your personal identifying information from public review, we cannot 
guarantee that we will be able to do so.

List of Subjects in 48 CFR Part 1419

    Government procurement, Small business.


0
For the reasons described above, we hereby revise part 1419, chapter 14 
of title 48 of the Code of Federal Regulations as set forth below.

PART 1419--SMALL BUSINESS PROGRAMS

Sec.
Subpart 1419.1--[Reserved]
Subpart 1419.2 Policies
1419.201 General policy.
1419.202 Specific policies.
1419.202-70 Acquisition screening and Small Business Specialist 
recommendations.
Subpart 1419.3--[Reserved]
Subpart 1419.4--[Reserved]
Subpart 1419.5--Set-Asides for Small Business
1419.503 Setting aside a class of acquisitions.
1419.503-70 Class set-aside for construction acquisitions.
Subpart 1419.6--Certificates of Competency and Determinations of 
Responsibility
1419.602 Procedures.
1419.602-1 Referral.
Subpart 1419.7--[Reserved]
Subpart 1419.8 Contracting with the Small Business Administration (The 
8(a) Program)
1419.803 [Reserved]
1419.810 SBA appeals.
Subpart 1419.9--[Reserved]
Subpart 1419.10--[Reserved]

    Authority: 40 U.S.C. 121(c); 40 U.S.C. 486(c); and 5 U.S.C. 301.

Subpart 1419.1--[Reserved]

Subpart 1419.2--Policies


1419.201   General policy.

    The Director of the Office of Small Disadvantaged Business 
Utilization (OSDBU) is responsible for the following:
    (a) Developing and maintaining policies, procedures, regulations, 
and guidelines for the effective administration of the Department's 
small business and disadvantaged business programs;
    (b) The appointment of Small Business Specialists to ensure 
compliance with all applicable law, regulation, and policy; and
    (c) The negotiation of annual small business and subcontracting 
goals with the Small Business Administration (SBA). The purpose of 
these goals is to increase participation of small business and 
disadvantaged small businesses in contract and subcontract 
opportunities.

[[Page 69345]]

 1419.202  Specific policies.


1419.202-70   Acquisition screening and Small Business Specialist 
recommendations.

    The Director of the OSDBU is responsible for issuing policy for use 
of the DI Form 1886 and determining the content of Form DI-1886 
``Acquisition Screening and Review Form.''

Subpart 1419.3--[Reserved]

Subpart 1419.4--[Reserved]

Subpart 1419.5--Set-Asides for Small Business


1419.503   Setting aside a class of acquisitions.


1419.503-70   Class set-aside for construction acquisitions.

    (a) Acquisitions for construction (as defined in Federal 
Acquisition Regulation (FAR) 2.101) estimated to cost $2 million or 
less must be set-aside on a class basis for exclusive participation by 
small business or disadvantaged business concerns. This class set-aside 
does not apply when:
    (1) The acquisition is procured using simplified acquisition 
procedures;
    (2) A non-competitive acquisition has been approved under the 
procedures of FAR 6.3;
    (3) Work is to be performed outside the U.S.; or
    (4) The Bureau Procurement Chief determines that adequate 
competition is not likely to be obtained if the acquisition is 
restricted to small business concerns.
    (b) [Reserved]

Subpart 1419.6--Certificates of Competency and Determinations of 
Responsibility


1419.602   Procedures.


1419.602-1   Referral.

    The contracting officer must obtain approval from the Chief of the 
Contracting Office for all determinations documenting a responsive 
small business' lack of responsibility prior to submission to the 
appropriate SBA office. A copy of the determination must be sent to 
OSDBU within 5 working days of the approval date of the determination.

Subpart 1419.7--[Reserved]

Subpart 1419.8--Contracting with the Small Business Administration 
(The 8(a) Program)


1419.803   [Reserved]


1419.810   SBA appeals.

    The Assistant Secretary of Policy Management and Budget, without 
the power of redelegation, is authorized to issue the decision on an 
SBA appeal of a Contracting Officer's Section 8(a) decision.

Subpart 1419.9--[Reserved]

Subpart 1419.10--[Reserved]

Susan Combs,
Assistant Secretary--Policy, Management and Budget.
[FR Doc. 2019-26865 Filed 12-17-19; 8:45 am]
 BILLING CODE 4334-63-P