[Federal Register Volume 71, Number 75 (Wednesday, April 19, 2006)]
[Rules and Regulations]
[Pages 20303-20304]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3682]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 19 and 52
[FAC 2005-09; FAR Case 2005-009; Item V; Docket FAR-2006-0020]
RIN 9000-AK22
Federal Acquisition Regulation; FAR Case 2005-009, Confirmation
of HUBZone Certification
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA),
[[Page 20304]]
and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed to adopt as
final without change, the interim rule amending the Federal Acquisition
Regulation (FAR) to clarify that prime contractors must confirm that a
subcontractor representing itself as a Historically Underutilized
Business Zone (HUBZone) small business concern is certified, consistent
with the requirements of 15 U.S.C. 632 et. seq., as amended.
DATES: Effective Date: April 19, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-0044. Please cite
FAC 2005-09, FAR case 2005-009. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 70 FR 43581, July 27, 2005, with request for comments. No
public comments were received on the interim rule. The Councils agreed
to convert the interim rule to a final rule without change.
This is not a significant regulatory action and, therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
The changes may 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 this final rule will
have a positive effect on small businesses who are certified HUBZone
small business concerns and are losing subcontracting opportunities
taken by another company falsely claiming to be a certified HUBZone
small business concern.
The FAR Secretariat has submitted a copy of the Final Regulatory
Flexibility Analysis to the Chief Counsel for Advocacy of the Small
Business Administration. The analysis is summarized as follows:
Final Regulatory Flexibility Analysis
A Department of Defense Inspector General report D-2003-019
``DoD Contractor Subcontracting With Historically Underutilized
Business Zones (HUBZones) Small Businesses'' found that prime
contractors were overstating their HUBZone accomplishments because
subcontractor's representations were not being verified. This final
rule revises the Federal Acquisition Regulation to require a prime
contractor to verify that its HUBZone subcontractors are certified
as required by 15 U.S.C. 632 et seq., as amended.
Interested parties may obtain a copy from the FAR Secretariat.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 19 and 52
Government procurement.
Dated: April 12, 2006.
Gerald Zaffos,
Director,Contract Policy Division.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR parts 19 and 52, which
was published at 70 FR 43581, July 27, 2005, is adopted as a final rule
without change.
[FR Doc. 06-3682 Filed 4-18-06; 8:45 am]
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