[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53995-53996]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21387]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5, 6, 12, 18, 26, and 52
[FAC 2005-27; FAR Case 2006-014; Item IV; Docket 2007-0001; Sequence 7]
RIN 9000-AK54
Federal Acquisition Regulation; FAR Case 2006-014, Local
Community Recovery Act of 2006
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), 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 adopted as final, with
a minor change to the second interim rule, two interim rules amending
the Federal Acquisition Regulation (FAR) to implement amendments to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act. The
first interim rule was published in the Federal Register at 71 FR
44546, August 4, 2006. The second interim rule was published in the
Federal Register at 72 FR 63084, November 7, 2007.
DATES: Effective Date: October 17, 2008.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. William Clark, Procurement Analyst, at (202) 219-1813. For
information
[[Page 53996]]
pertaining to status or publication schedules, contact the Regulatory
Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case 2006-
014.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the Federal Acquisition Regulation
implementing amendments to the Robert T. Stafford Disaster Relief and
Emergency Assistance Act at 42 U.S.C. 5150.
The Local Community Recovery Act of 2006 amended the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to authorize set-
asides for major disaster or emergency assistance acquisitions to
businesses that reside or primarily do business in the geographic area
affected by the disaster or emergency. DoD, GSA, and NASA published an
interim rule in the Federal Register at 71 FR 44546, August 4, 2006, to
implement this statutory amendment.
Subsequently, Section 694 of the Department of Homeland Security
Appropriations Act of 2007, Pub. L. 109-295, amended the Robert T.
Stafford Disaster Relief and Emergency Assistance Act to enact
requirements for transitioning work under existing contracts. A second
interim rule was published in the Federal Register at 72 FR 63084,
November 7, 2007, to address this statutory amendment. The second
interim rule addressed the public comments received on the first
interim rule. There were no comments received on the second interim
rule.
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 Department of Defense, the General Services Administration, and
the National Aeronautics and Space Administration certify that this
final rule will not 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. The rule implements set-asides
for local businesses in an area affected by a major disaster or
emergency to promote economic recovery.
The set-aside does not replace the small business set-aside. Both
set-asides can apply to an acquisition. The local set-aside encourages
the use of local small businesses.
The rule also implements a new requirement that work performed
under contracts already in effect be transitioned to local area
organizations, firms or individuals, unless the agency head determines
it is not feasible or practicable. The Councils expect that more work
will be transitioned to small businesses than away from them. The
Government Accountability Office (GAO) report on Hurricane Katrina
Small Business Contracts (GAO-07-205) found that businesses in the
three states primarily affected by the hurricane received $1.9 billion,
which was 18 percent of the $11.6 billion spent by DHS, GSA, DoD and
the Army Corps of Engineers between August 1, 2005 and June 30, 2006.
Small businesses received 66 percent of the $1.9 billion awarded to
those local businesses. The Councils believe this shows that small
businesses would not be hurt by a local area set-aside.
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 5, 6, 12, 18, 26, and 52
Government procurement.
Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.
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Accordingly, under the authority of 40 U.S.C. 121, the interim rule
published at 71 FR 44546, August 4, 2006, is adopted as a final rule,
and the interim rule published at 72 FR 63084, November 7, 2007, is
adopted as a final rule with the following change:
PART 26--OTHER SOCIOECONOMIC PROGRAMS
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1. The authority citation for 48 CFR part 26 continues to read as
follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
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2. Revise section 26.202-2 to read as follows.
26.202-2 Evaluation preference.
The contracting officer may use an evaluation preference, when
authorized in agency regulations or procedures.
[FR Doc. E8-21387 Filed 9-16-08; 8:45 am]
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