[Federal Register Volume 75, Number 188 (Wednesday, September 29, 2010)]
[Rules and Regulations]
[Pages 60263-60264]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-24163]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005-46; FAR Case 2009-020; Item V; Docket 2010-0103, Sequence 1]
RIN 9000-AL68
Federal Acquisition Regulation; Offering a Construction
Requirement--8(a) Program
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) are issuing a final rule
amending the Federal Acquisition Regulation (FAR) to revise FAR subpart
19.8, Contracting with the Small Business Administration (The 8(a)
Program), to conform to the Small Business Administration (SBA)
regulations. The FAR Council did not publish this rule for comment
because this change will not have a significant effect beyond the
internal operating procedures of the Government and will not have a
significant effect on contractors or offerors. Furthermore, this
requirement has existed in the Small Business Administration
Regulations since January 1, 2009, and the FAR is being updated to
conform to these regulations. This revision changes the location for
submitting offering letters to SBA for a construction requirement for
which a specific offeror is nominated and impacts internal procedures
that the contracting officer is now required to follow.
DATES: Effective Date: October 29, 2010
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Mr. Karlos Morgan, Procurement Analyst, at (202) 501-2364. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-46, FAR
case 2009-020.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the FAR to revise FAR 19.804-2(b) to conform
to the SBA regulation 13 CFR 124.502(b)(3). The current FAR requires
sole source offerings for construction
[[Page 60264]]
requirements be submitted to the SBA District Office for the
geographical area where the work is to be performed. However, the SBA
regulation requires the offering letters for sole source requirements
offered on behalf of a specific participant be submitted to the SBA
district office servicing that concern.
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 Regulatory Flexibility Act does not apply to this rule. This
final rule does not constitute a significant FAR revision within the
meaning of FAR 1.501-3(a) and 41 U.S.C. 418b, and publication for
public comments is not required.
The Councils will consider comments from small entities concerning
the existing regulations in the part affected by this rule in
accordance with 5 U.S.C. 610. Interested parties must submit such
comments separately and should cite 5 U.S.C. 610 (FAC 2005-46, FAR Case
2009-020) in all correspondence.
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.
chapter 35, et seq.
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.
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Therefore, DoD, GSA, and NASA amend 48 CFR part 19 as set forth below:
PART 19--SMALL BUSINESS PROGRAMS
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1. The authority citation for 48 CFR part 19 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. Amend section 19.804-2 by--
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a. Revising paragraph (b)(1); and
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b. Redesignating paragraph (b)(2) as paragraph (b)(3); and adding a new
paragraph (b)(2).
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The revised and added text reads as follows:
19.804-2 Agency offering.
* * * * *
(b)(1) An agency offering a construction requirement for which no
specific offeror is nominated should submit it to the SBA District
Office for the geographical area where the work is to be performed.
(2) An agency offering a construction requirement on behalf of a
specific offeror should submit it to the SBA District Office servicing
that concern.
* * * * *
[FR Doc. 2010-24163 Filed 9-28-10; 8:45 am]
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