[Federal Register Volume 59, Number 248 (Wednesday, December 28, 1994)]
[Unknown Section]
[Page ]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30656]


[Federal Register: December 28, 1994]


=======================================================================
-----------------------------------------------------------------------


DEPARTMENT OF DEFENSE
DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 19

[FAC 90-23; FAR Case 92-302; Item XIII]
RIN 9000-AG10


Federal Acquisition Regulation; Small Business Competitiveness 
Demonstration Program

AGENCIES: Department of Defense (DOD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comment.

-----------------------------------------------------------------------

SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to an interim rule that 
amends the Federal Acquisition Regulation (FAR) to specify that 
agencies may reinstate the use of small business set-asides as 
necessary to meet assigned goals, but only within the organizational 
unit(s) that failed to meet the small business goals; and revises the 
description of Architect and Engineering Services as a designated 
industry group. This regulatory action was not subject to Office of 
Management and Budget review under Executive Order 12866, dated 
September 30, 1993.

DATES: Effective Date: December 28, 1994.
    Comment Date: Comments should be submitted to the FAR Secretariat 
at the address shown below on or before February 27, 1995, to be 
considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to: 
General Services Administration, FAR Secretariat (VRS), 18th & F 
Streets, NW, Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 20405.
    Please cite FAC 90-23, FAR case 92-302 in all correspondence 
related to this case.

FOR FURTHER INFORMATION CONTACT:Ms. Shirley Scott at (202) 501-0168 in 
reference to this FAR case. For general information, contact the FAR 
Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-
4755. Please cite FAC 90-23, FAR case 92-302.

SUPPLEMENTARY INFORMATION:

A. Background

    This interim rule implements Title II of Pub. Law 102-366, the 
Small Business Credit and Business Opportunity Enhancement Act of 1992, 
which revised Title VII of Pub. Law 100-656, Small Business 
Competitiveness Demonstration Program. The Office of Federal 
Procurement Policy (OFPP) published an interim Policy Directive in the 
Federal Register at 58 FR 19849, April 16, 1993, revising the current 
Directive dated August 31, 1989, to include revisions based on Title 
II.

B. Regulatory Flexibility Act

    This rule implements statutory revisions and resulting revisions to 
the OFPP Policy Directive. OFPP prepared the appropriate regulatory 
flexibility analysis as part of the revisions to the OFPP Policy 
Directive published in the Federal Register at 58 FR 19849, April 16, 
1993.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the changes to 
the FAR do not impose recordkeeping or information collection 
requirements, or collection of information from offerors, contractors, 
or members of the public which require the approval of OMB under 44 
U.S.C. 3501, et seq.

D. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DOD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that compelling reasons exist to promulgate this interim rule 
without prior opportunity for public comment. This action is necessary 
because Title II of Pub. Law 102-366, the Small Business Credit and 
Business Opportunity Enhancement Act of 1992, which revises Title VII 
of Pub. Law 100-656, Small Business Competitiveness Demonstration 
Program, extended the program through 1996 and made other changes in 
the program. However, pursuant to Pub. Law 98-577 and FAR 1.501, public 
comment received in response to this interim rule will be considered in 
formulating the final rule.

List of Subjects in 48 CFR Part 19

    Government procurement.

    Dated: December 7, 1994.
Albert A. Vicchiolla,
Director, Office of Federal Acquisition Policy.

    Therefore, 48 CFR part 19 is amended as set forth below:

PART 19--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

    1. The authority citation for 48 CFR part 19 continues to read as 
follows:


    Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).


    2. Section 19.1001 is amended by revising the introductory 
paragraph and paragraph (b) to read as follows:


19.1001  General.

    The Small Business Competitiveness Demonstration Program was 
established by Title VII of the ``Business Opportunity Development 
Reform Act of 1988'', Pub. L. 100-656, as amended by Title II of Pub. 
L. 102-366 and implemented by an OFPP Policy Directive and Test Plan, 
dated August 31, 1989, as amended on April 16, 1993. The program will 
be conducted over the period from January 1, 1989, through September 
30, 1996. Pursuant to Section 713(a) of Pub. L. 100-656, the 
requirements of the FAR that are inconsistent with the program 
procedures are waived. The program consists of two major components--
 * * * * *
    (b) A test of enhanced small business participation in 10 agency 
targeted industry categories.
    3. Section 19.1005 is amended by revising paragraph (a)(3) to read 
as follows:


19.1005  Applicability.

    (a) * * *
    (3) Architectural and engineering services (including surveying and 
mapping) under SIC codes 7389, 8711, 8712, or 8713, which are awarded 
under the qualification-based selection procedures required by 40 
U.S.C. 541 et seq. (see subpart 36.6) (limited to FPDS service codes 
C111 through C216, C219, T002, T004, T008, T009, T014, and R404).
* * * * *
    4. Section 19.1006 is amended by revising paragraph (b)(2) to read 
as follows:


19.1006  Procedures.

* * * * *
    (b) * * *
    (2) Agencies may reinstate the use of small business set-asides as 
necessary to meet their assigned goals, but only within organizational 
unit(s) that failed to meet the small business participation goal.
* * * * *
[FR Doc. 94-30656 Filed 12-27-94; 8:45 am]
BILLING CODE 6820-34-P