[Federal Register Volume 62, Number 163 (Friday, August 22, 1997)]
[Rules and Regulations]
[Pages 44822-44823]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21496]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 19 and 52

[FAC 97-01; FAR Case 95-028; Item XI]
RIN 9000-AH34


Federal Acquisition Regulation; Minority Small Business and 
Capital Ownership

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

ACTION: Interim rule adopted as final with changes.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed to adopt as final, with 
changes, the interim rule that was published as Item VII of Federal 
Acquisition Circular 90-43 on December 20, 1996. The rule amends the 
Federal Acquisition Regulation (FAR) to reflect changes to the Small 
Business Administration's (SBA) regulations at 13 CFR Parts 121 and 
124, which address the Minority Small Business and Capital Ownership 
Development Program. The rule clarifies eligibility and procedural 
requirements for procurements under the 8(a) program. This regulatory 
action was not subject to Office of Management and Budget review under 
Executive Order 12866, dated September 30, 1993, and is not a major 
rule under 5 U.S.C. 804.

DATES: Effective October 21, 1997.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Victoria Moss, Procurement Analyst, at (202) 501-
4764. Please cite FAC 97-01, FAR case 95-028.

SUPPLEMENTARY INFORMATION:

A. Background

    On June 7, 1995, SBA published, as a final rule, changes to its 
regulations at 13 CFR Parts 121 and 124, which cover the Minority Small 
Business and Capital Ownership Development Program. As a result of 
these modifications, the FAR had some inconsistencies regarding who was 
eligible for a particular 8(a) procurement. An interim FAR rule was 
published in the Federal Register at 61 FR 67420, December 20, 1996 to 
correct these inconsistencies. This rule finalizes the interim rule 
with minor amendments to reflect changes that SBA is making in its 
processing of 8(a) requirements. One comment was received in response 
to the interim rule. This comment was considered in the development of 
the final rule.

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., because the rule does not 
impose any new requirements on offerors or contractors. The rule amends 
the FAR to reflect changes to Small Business Administration (SBA) 
regulations designed to streamline the operation of the 8(a) program 
and to ease certain restrictions perceived to be burdensome on program 
participants. The SBA has certified that the changes to its regulations 
will not have a significant economic impact on a substantial number of 
small entities.

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 collections of information from offerors, contractors, 
or members of the public which 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.


[[Page 44823]]


    Dated: August 7, 1997.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With Changes

    Accordingly, the interim rule amending 48 CFR Parts 19 and 52 which 
was published at 61 FR 67420, December 20, 1996, is adopted as final 
with the following change:
    1. The authority citation for 48 CFR Parts 19 and 52 continues to 
read as follows:

PART 19--SMALL BUSINESS PROGRAMS

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

    2. Section 19.804-2 is amended by revising paragraphs (b)(2) and 
(c) to read as follows:


19.804-2  Agency offering.

* * * * *
    (b) * * *
    (2) Sole source requirements, other than construction, should be 
forwarded directly to the district office that services the nominated 
firm. If the contracting officer is not nominating a specific firm, the 
offering letter should be forwarded to the district office servicing 
the geographical area in which the contracting office is located.
    (c) All requirements for 8(a) competition, other than construction, 
should be forwarded to the district office servicing the geographical 
area in which the contracting office is located. All requirements for 
8(a) construction competition should be forwarded to the district 
office servicing the geographical area in which all or the major 
portion of the construction is to be performed. All requirements, 
including construction, shall be synopsized in the Commerce Business 
Daily. For construction, the synopsis shall include the geographical 
area of the competition set forth in the SBA's acceptance letter.

[FR Doc. 97-21496 Filed 8-21-97; 8:45 am]
BILLING CODE 6820-EP-P