[Federal Register Volume 63, Number 35 (Monday, February 23, 1998)]
[Rules and Regulations]
[Pages 9056-9057]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4299]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 19

[FAC 97-04; FAR Case 97-305; Item VIII]
RIN 9000-AH91


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: Final rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council have agreed on a final rule amending 
the Federal Acquisition Regulation (FAR) to implement Section 401 of 
the Small Business Reauthorization Act of 1997. Section 401 eliminates 
the termination date of the Small Business Competitiveness 
Demonstration 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.

EFFECTIVE DATE: February 23, 1998.

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 97-04, FAR case 97-305.

SUPPLEMENTARY INFORMATION:

A. Background

    This final rule amends FAR Subpart 19.10 to eliminate the 
termination date of the Small Business Competitiveness Demonstration 
Program. Section 401 of the Small Business Reauthorization Act of 1997 
(Pub. L. 105-135) amended Section 711(c) of the Small Business

[[Page 9057]]

Competitiveness Demonstration Program Act of 1988 (15 U.S.C. 644 note) 
to remove the program termination date of September 30, 1997.

B. Regulatory Flexibility Act

    The final rule does not constitute a significant FAR revision 
within the meaning of FAR 1.501 and Public Law 98-577, and publication 
for public comments is not required. However, comments from small 
entities concerning the affected FAR subpart will be considered in 
accordance with 5 U.S.C. 610. Such comments must be submitted 
separately and should cite 5 U.S.C. 601, et seq. (FAC 97-04, FAR case 
97-305), in correspondence.

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 Part 19

    Government procurement.

    Dated: February 13, 1998.
Edward C. Loeb,
Director, Federal Acquisition Policy Division.

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

PART 19--SMALL BUSINESS PROGRAMS

    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 revised to read as follows:


19.1001  General.

    The Small Business Competitiveness Demonstration Program was 
established by the Small Business Competitiveness Demonstration Program 
Act of 1988, Public Law 100-656 (15 U.S.C. 644 note). Pursuant to the 
Small Business Reauthorization Act (Pub. L. 105-135), the Small 
Business Competitiveness Demonstration Program has been extended 
indefinitely. The program is implemented by an OFPP Policy Directive 
and Test Plan, dated August 31, 1989, as amended on April 16, 1993, 
which remains in effect until supplemented or revised to reflect the 
statutory changes in Public Law 105-135. Pursuant to Section 713(a) of 
Public Law 100-656, the requirements of the FAR that are inconsistent 
with the program procedures are waived. The program consists of two 
major components--
    (a) Unrestricted competition in four designated industry groups; 
and
    (b) Enhanced small business participation in 10 agency targeted 
industry categories.
    3. Section 19.1003 is amended by revising the introductory text and 
the first sentence of paragraph (a) to read as follows:


19.1003  Purpose.

    The purpose of the Program is to--
    (a) Assess the ability of small businesses to compete successfully 
in certain industry categories without competition being restricted by 
the use of small business set-asides. * * *
* * * * *
    4. Section 19.1006 is amended by revising the first sentence of 
paragraph (b)(1) to read as follows:


19.1006  Procedures.

* * * * *
    (b) Designated industry groups. (1) Solicitations for acquisitions 
in any of the four designated industry groups that have an anticipated 
dollar value greater than $25,000 shall not be considered for small 
business set-asides under Subpart 19.5 (however, see paragraphs (b)(2) 
and (c)(1) of this section). * * *
* * * * *
[FR Doc. 98-4299 Filed 2-20-98; 8:45 am]
BILLING CODE 6820-EP-P