General Services Administration Acquisition Regulation; Reformatting Clause for Direct 8(a) Contracting, 22638-22639 [2024-06825]
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22638
Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
Sector New Orleans; to include a
Federal, State, and/or local officer
designated by or assisting the COTP in
the enforcement of the security zone. To
seek permission to enter, contact the
COTP or a designated representative by
telephone at (504) 365–2545 or VHF–
FM Channel 16 or 67. Those in the
security zone must transit at their
slowest speed and comply with all
lawful orders or directions given to
them by the COTP or a designated
representative.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard will inform the public of
the enforcement period of this security
zone through Broadcast Notices to
Mariners (BNMs) and Marine Safety
Information Bulletin (MSIB).
Dated: March 27, 2024.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2024–06932 Filed 4–1–24; 8:45 am]
BILLING CODE 9110–04–P
GENERAL SERVICES
ADMINISTRATION
48 CFR Parts 519 and 552
[GSAR Case 2022–G505; Docket No. 2023–
0020; Sequence No. 1]
RIN 3090–AK56
General Services Administration
Acquisition Regulation; Reformatting
Clause for Direct 8(a) Contracting
Office of Acquisition Policy,
General Services Administration (GSA).
ACTION: Final rule.
AGENCY:
GSA is issuing a final rule
amending the General Services
Administration Acquisition Regulation
(GSAR) to revise the formatting for a
contact clause included in solicitations,
contracts, and orders issued under
GSA’s 8(a) Partnership Agreement with
the Small Business Administration.
DATE: This final rule is effective on May
2, 2024.
FOR FURTHER INFORMATION CONTACT: For
clarification of content, contact Mr.
Clarence Harrison, Jr., GSA Acquisition
Policy Division, at gsarpolicy@gsa.gov
or 202–227–7051. For information
pertaining to status or publication
schedules, contact the Regulatory
Secretariat Division at 202–501–4755 or
GSARegSec@gsa.gov. Please cite GSAR
Case 2022–G505.
khammond on DSKJM1Z7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
15:57 Apr 01, 2024
Jkt 262001
SUPPLEMENTARY INFORMATION:
I. Background
On June 23, 2022, GSA, and the Small
Business Administration (SBA) signed a
revised 8(a) partnership agreement as
part of an effort to bring new entrants
into federal contracting. Sections
7(j)(10) and 8(a) of the Small Business
Act (the Act) (15 U.S.C. 636(j)(10) and
637(a)) authorize the U.S. Small
Business Administration (SBA) to
establish a business development
program, which is known as the 8(a)
Business Development (8(a) BD)
Program. GSA partners with SBA to
promote appropriate utilization of 8(a)
program participants. Once certified,
participants are eligible to receive
federal contracting preferences.
To ensure successful implementation
of the 8(a) partnership agreement, GSA
is taking the opportunity to update any
inconsistent and unclear 8(a) policies.
GSA is cleaning up confusing regulatory
language for the use of clauses
prescribed for solicitations, contracts,
and orders issued under GSA’s 8(a)
Partnership Agreement. One of the
paragraphs within GSAR 519.870–2
identifies instructions for modifying a
FAR clause. In order to be more clear
and consistent with the clause
prescriptions, GSA is recognizing the
FAR deviation through a new GSAR
clause number rather than through
buried instructions.
II. Publication of This Final Rule for
Public Comment Is Not Required
The statute that applies to the
publication of the GSAR 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 rule is not
required to be published for public
comment, because while this 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 new requirements
on contractors or offerors.
This rule revises the formatting for an
existing 8(a) Program contract clause
identified in GSAR 519.870–2. The
instructions for modifying FAR Clause
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
52.219–18 is currently buried within
GSAR 519.870–2 and this final rule
replaces and reformats the instructions
in GSAR Clause 552.219–18. The text
within GSAR Clause 552.219–18 is the
same as previously provided through
the modification instructions for FAR
Clause 52.219–18.
The FAR clause deviation associated
with this GSAR case is issued following
consultation with the Chair of the
Civilian Agency Acquisition Council
(CAAC) in accordance with FAR
1.404(a) and GSAM 501.404(a).
III. Executive Orders 12866, 13563, and
14904
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. E.O. 14094 (Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in E.O.
12866 and E.O. 13563. OIRA has
determined 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.
IV. Congressional Review Act
The Congressional Review Act, 5
U.S.C. 801 et seq., as amended by the
Small Business Regulatory Enforcement
Fairness Act of 1996, generally provides
that before a final rule may take effect,
the agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. The General
Services Administration will submit a
report containing this rule and other
required information to the U.S. Senate,
the U.S. House of Representatives, and
the Comptroller General of the United
States. A major rule cannot take effect
until 60 days after it is published in the
Federal Register. This rule is not a
major rule under 5 U.S.C. 804(2).
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) does not apply to this
rule, because an opportunity for public
comment is not required to be given for
this rule under 41 U.S.C. 1707(a)(1).
E:\FR\FM\02APR1.SGM
02APR1
Federal Register / Vol. 89, No. 64 / Tuesday, April 2, 2024 / Rules and Regulations
Accordingly, no regulatory flexibility
analysis is required and none has been
prepared.
VI. 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 Parts 519 and
552.
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of
Acquisition Policy, Office of Governmentwide Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts
519 and 552 as set forth below:
1. The authority citation for 48 CFR
parts 519 and 552 continues to read as
follows:
(1) 552.219–74, Section 8(a) Direct
Award;
(2) FAR 52.219–14, Limitations on
Subcontracting; and
(3) FAR Deviation. 552.219–18,
Notification of Competition Limited to
Eligible 8(a) Participants. GSA has a
FAR Deviation that allows the use of
clause 552.219–18 in lieu of the FAR
clause at 52.219–18.
(b) Do not insert the following clauses
in solicitations, contracts, and orders in
accordance with the provisions of
Section 8(a) of the U.S. Small Business
Administration Act as implemented by
FAR subpart 19.8 and GSA’s 8(a)
Partnership Agreement:
(1) FAR 52.219–11, Special 8(a)
Contract Conditions;
(2) FAR 52.219–12, Special 8(a)
Subcontract Conditions; and
(3) FAR 52.219–17, Section 8(a)
Award.
■
Authority: 40 U.S.C. 121(c).
3. Add section 52.219–18 to read as
follows:
■
PART 519—SMALL BUSINESS
PROGRAMS
2. Revise section 519.870–2 to read as
follows:
■
519.870–2
khammond on DSKJM1Z7X2PROD with RULES
(a) Insert the following clauses in
solicitations, contracts, and orders in
accordance with the provisions of
Section 8(a) of the U.S. Small Business
Administration Act as implemented by
FAR subpart 19.8 and GSA’s 8(a)
Partnership Agreement:
15:57 Apr 01, 2024
552.219–18, Notification of Competition
Limited to Eligible 8(a) Participants
(DEVIATION FAR 52.219–18).
As prescribed in 519.870–2(a), insert
the following clause:
Contract clauses.
VerDate Sep<11>2014
PART 552—SOLICITATION
PROVISIONS AND CONTRACT
CLAUSES
Jkt 262001
Notification of Competition Limited to
Eligible 8(a) Participants (DATE)
(DEVIATION FAR 52.219–18)
(a) Offers are solicited only from:
(1) Small business concerns expressly
certified by the Small Business
Administration (SBA) for participation in
PO 00000
Frm 00033
Fmt 4700
Sfmt 9990
22639
SBA’s 8(a) Program and which meet the
following criteria at the time of submission
of offer—
(i) The Offeror is in conformance with the
8(a) support limitation set forth in its
approved business plan; and
(ii) The Offeror is in conformance with the
Business Activity Targets set forth in its
approved business plan or any remedial
action directed by the SBA.
(2) A joint venture, in which at least one
of the 8(a) program participants that is a
party to the joint venture complies with the
criteria set forth in paragraph (a)(1) of this
clause, that complies with 13 CFR 124.513(c);
or
(3) A joint venture—
(i) That is comprised of a mentor and an
8(a) prote´ge´ with an approved mentorprote´ge´ agreement under the 8(a) program;
(ii) In which at least one of the 8(a)
program participants that is a party to the
joint venture complies with the criteria set
forth in paragraph (a)(1) of this clause; and
(iii) That complies with 13 CFR 124.513(c).
(b) By submission of its offer, the Offeror
represents that it meets the applicable criteria
set forth in paragraph (a) of this clause.
(c) Any award resulting from this
solicitation will be made directly by the
Contracting Officer to the successful 8(a)
offeror selected through the evaluation
criteria set forth in this solicitation. A
Contracting Officer may consider a joint
venture for contract award. SBA does not
approve joint ventures for competitive
awards, but see 13 CFR 124.501(g) for SBA’s
determination of participant eligibility.
(d) The Contractor will notify the
Contracting Officer in writing immediately
upon entering any agreement (either oral or
written) to transfer all or part of its stock.
(End of clause)
[FR Doc. 2024–06825 Filed 4–1–24; 8:45 am]
BILLING CODE 6820–61–P
E:\FR\FM\02APR1.SGM
02APR1
Agencies
[Federal Register Volume 89, Number 64 (Tuesday, April 2, 2024)]
[Rules and Regulations]
[Pages 22638-22639]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-06825]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
48 CFR Parts 519 and 552
[GSAR Case 2022-G505; Docket No. 2023-0020; Sequence No. 1]
RIN 3090-AK56
General Services Administration Acquisition Regulation;
Reformatting Clause for Direct 8(a) Contracting
AGENCY: Office of Acquisition Policy, General Services Administration
(GSA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: GSA is issuing a final rule amending the General Services
Administration Acquisition Regulation (GSAR) to revise the formatting
for a contact clause included in solicitations, contracts, and orders
issued under GSA's 8(a) Partnership Agreement with the Small Business
Administration.
DATE: This final rule is effective on May 2, 2024.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Clarence Harrison, Jr., GSA Acquisition Policy Division, at
[email protected] or 202-227-7051. For information pertaining to
status or publication schedules, contact the Regulatory Secretariat
Division at 202-501-4755 or [email protected]. Please cite GSAR Case
2022-G505.
SUPPLEMENTARY INFORMATION:
I. Background
On June 23, 2022, GSA, and the Small Business Administration (SBA)
signed a revised 8(a) partnership agreement as part of an effort to
bring new entrants into federal contracting. Sections 7(j)(10) and 8(a)
of the Small Business Act (the Act) (15 U.S.C. 636(j)(10) and 637(a))
authorize the U.S. Small Business Administration (SBA) to establish a
business development program, which is known as the 8(a) Business
Development (8(a) BD) Program. GSA partners with SBA to promote
appropriate utilization of 8(a) program participants. Once certified,
participants are eligible to receive federal contracting preferences.
To ensure successful implementation of the 8(a) partnership
agreement, GSA is taking the opportunity to update any inconsistent and
unclear 8(a) policies. GSA is cleaning up confusing regulatory language
for the use of clauses prescribed for solicitations, contracts, and
orders issued under GSA's 8(a) Partnership Agreement. One of the
paragraphs within GSAR 519.870-2 identifies instructions for modifying
a FAR clause. In order to be more clear and consistent with the clause
prescriptions, GSA is recognizing the FAR deviation through a new GSAR
clause number rather than through buried instructions.
II. Publication of This Final Rule for Public Comment Is Not Required
The statute that applies to the publication of the GSAR 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 rule is not required to be published for public comment, because
while this 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 new requirements on contractors
or offerors.
This rule revises the formatting for an existing 8(a) Program
contract clause identified in GSAR 519.870-2. The instructions for
modifying FAR Clause 52.219-18 is currently buried within GSAR 519.870-
2 and this final rule replaces and reformats the instructions in GSAR
Clause 552.219-18. The text within GSAR Clause 552.219-18 is the same
as previously provided through the modification instructions for FAR
Clause 52.219-18.
The FAR clause deviation associated with this GSAR case is issued
following consultation with the Chair of the Civilian Agency
Acquisition Council (CAAC) in accordance with FAR 1.404(a) and GSAM
501.404(a).
III. Executive Orders 12866, 13563, and 14904
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.
E.O. 14094 (Modernizing Regulatory Review) supplements and reaffirms
the principles, structures, and definitions governing contemporary
regulatory review established in E.O. 12866 and E.O. 13563. OIRA has
determined 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.
IV. Congressional Review Act
The Congressional Review Act, 5 U.S.C. 801 et seq., as amended by
the Small Business Regulatory Enforcement Fairness Act of 1996,
generally provides that before a final rule may take effect, the agency
promulgating the rule must submit a rule report, which includes a copy
of the rule, to each House of the Congress and to the Comptroller
General of the United States. The General Services Administration will
submit a report containing this rule and other required information to
the U.S. Senate, the U.S. House of Representatives, and the Comptroller
General of the United States. A major rule cannot take effect until 60
days after it is published in the Federal Register. This rule is not a
major rule under 5 U.S.C. 804(2).
V. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) does not
apply to this rule, because an opportunity for public comment is not
required to be given for this rule under 41 U.S.C. 1707(a)(1).
[[Page 22639]]
Accordingly, no regulatory flexibility analysis is required and none
has been prepared.
VI. 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 Parts 519 and 552.
Government procurement.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts 519 and 552 as set forth below:
0
1. The authority citation for 48 CFR parts 519 and 552 continues to
read as follows:
Authority: 40 U.S.C. 121(c).
PART 519--SMALL BUSINESS PROGRAMS
0
2. Revise section 519.870-2 to read as follows:
519.870-2 Contract clauses.
(a) Insert the following clauses in solicitations, contracts, and
orders in accordance with the provisions of Section 8(a) of the U.S.
Small Business Administration Act as implemented by FAR subpart 19.8
and GSA's 8(a) Partnership Agreement:
(1) 552.219-74, Section 8(a) Direct Award;
(2) FAR 52.219-14, Limitations on Subcontracting; and
(3) FAR Deviation. 552.219-18, Notification of Competition Limited
to Eligible 8(a) Participants. GSA has a FAR Deviation that allows the
use of clause 552.219-18 in lieu of the FAR clause at 52.219-18.
(b) Do not insert the following clauses in solicitations,
contracts, and orders in accordance with the provisions of Section 8(a)
of the U.S. Small Business Administration Act as implemented by FAR
subpart 19.8 and GSA's 8(a) Partnership Agreement:
(1) FAR 52.219-11, Special 8(a) Contract Conditions;
(2) FAR 52.219-12, Special 8(a) Subcontract Conditions; and
(3) FAR 52.219-17, Section 8(a) Award.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Add section 52.219-18 to read as follows:
552.219-18, Notification of Competition Limited to Eligible 8(a)
Participants (DEVIATION FAR 52.219-18).
As prescribed in 519.870-2(a), insert the following clause:
Notification of Competition Limited to Eligible 8(a) Participants
(DATE) (DEVIATION FAR 52.219-18)
(a) Offers are solicited only from:
(1) Small business concerns expressly certified by the Small
Business Administration (SBA) for participation in SBA's 8(a)
Program and which meet the following criteria at the time of
submission of offer--
(i) The Offeror is in conformance with the 8(a) support
limitation set forth in its approved business plan; and
(ii) The Offeror is in conformance with the Business Activity
Targets set forth in its approved business plan or any remedial
action directed by the SBA.
(2) A joint venture, in which at least one of the 8(a) program
participants that is a party to the joint venture complies with the
criteria set forth in paragraph (a)(1) of this clause, that complies
with 13 CFR 124.513(c); or
(3) A joint venture--
(i) That is comprised of a mentor and an 8(a)
prot[eacute]g[eacute] with an approved mentor-prot[eacute]g[eacute]
agreement under the 8(a) program;
(ii) In which at least one of the 8(a) program participants that
is a party to the joint venture complies with the criteria set forth
in paragraph (a)(1) of this clause; and
(iii) That complies with 13 CFR 124.513(c).
(b) By submission of its offer, the Offeror represents that it
meets the applicable criteria set forth in paragraph (a) of this
clause.
(c) Any award resulting from this solicitation will be made
directly by the Contracting Officer to the successful 8(a) offeror
selected through the evaluation criteria set forth in this
solicitation. A Contracting Officer may consider a joint venture for
contract award. SBA does not approve joint ventures for competitive
awards, but see 13 CFR 124.501(g) for SBA's determination of
participant eligibility.
(d) The Contractor will notify the Contracting Officer in
writing immediately upon entering any agreement (either oral or
written) to transfer all or part of its stock.
(End of clause)
[FR Doc. 2024-06825 Filed 4-1-24; 8:45 am]
BILLING CODE 6820-61-P