[Federal Register Volume 68, Number 21 (Friday, January 31, 2003)]
[Proposed Rules]
[Pages 5138-5142]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-2159]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 7, 8, 16, 19, and 42

[FAR Case 2002-029]
RIN: 9000-AJ58


Federal Acquisition Regulation; Contract Bundling

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

ACTION: Proposed rule.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are proposing to amend the 
Federal Acquisition Regulation (FAR) to implement the recommendations 
of the Office of Management and Budget (OMB) in its report entitled. 
``A Strategy for Increasing Federal Contracting Opportunities for Small 
Business.''

DATES: Interested parties should submit comments in writing on or 
before April 1, 2003 to be considered in the formulation of a final 
rule.

ADDRESSES: Submit written comments to--General Services Administration, 
FAR Secretariat (MVA), 1800 F Street, NW, Room 4035, ATTN: Laurie 
Duarte, Washington, DC 20405.
    Submit electronic comments via the Internet to--farcase.2002-
[email protected]. Please submit comments only and cite FAR case 2002-029 in 
all correspondence related to this case.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS 
Building, Washington, DC 20405, at (202) 501-4755 for information 
pertaining to status or publication schedules. For clarification of 
content, contact Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-
0044. Please cite FAR case 2002-029. The TTY Federal Relay Number for 
further information is 1-800-877-8973.

SUPPLEMENTARY INFORMATION:

A. Background

    On March 19, 2002, the President unveiled a Small Business Agenda 
that proposed several substantive steps toward creating a dynamic 
environment where small businesses and entrepreneurs can flourish. The 
plan included new tax incentives, health care options, and a reduction 
in regulatory barriers. For those small businesses

[[Page 5139]]

seeking to do business with the Federal Government, the President 
announced several proposals to improve the access of small businesses 
to Federal contracting opportunities. Specifically, the President 
called upon the Office of Management and Budget (OMB) to prepare a 
strategy for unbundling contracts. Contract bundling is defined in 
Section 3(o) of the Small Business Act to mean the consolidation of two 
or more requirements for goods or services previously provided or 
performed under separate smaller contracts into a solicitation of 
offers for a single award contract that is ``unlikely to be suitable 
for award to a small business concern.'' 15 U.S.C. 632(o). Over the 
past decade, the number and size of bundled contracts have increased 
sharply and have resulted in a dramatic decline in small business 
Federal contracting opportunities.
    In response to the President's call for a strategy to unbundled 
contracts, the Office of Federal Procurement Policy (OFPP), within OMB, 
created an interagency working group to develop a plan for increasing 
contracting opportunities for small businesses. As part of the working 
group's efforts, OFPP published a notice in the Federal Register 
soliciting public comments and held a public meeting on June 14, 2002, 
to provide interested parties an opportunity to express their views on 
contract bundling. By the end of the comment period, OFPP received 27 
public comments and 14 individual presentations at the June 14 public 
meeting.
    Based on the working group's analysis of available data and 
information, including the public comments received in writing and at 
the June 14 public meeting, OMB issued a report in October 2002 
entitled ``Contract Bundling: A Strategy for Increasing Federal 
Contracting Opportunities for Small Business.'' See http://www.acqnet.gov/Notes/ contractbundlingreport.pdf or http://www.acqnet.gov/. The report cites data indicating that for every 100 
``bundled'' contracts, 106 individual contracts are no longer available 
to small businesses. The report also notes that according to a report 
prepared for the Small Business Administration (SBA) Office of 
Advocacy, for every $100 awarded on a ``bundled'' contract, there is a 
$33 decrease to small businesses.
    To address the harmful effects of contract bundling on the nation's 
small businesses, OMB's report offers a nine-point action plan designed 
to hold agencies accountable for eliminating unnecessary contract 
bundling and mitigating the effects of necessary contract bundling. 
Several of these Action Items, such as the Action Items calling for 
greater accountability of senior agency management, the collection and 
dissemination of best practices for maximizing prime and subcontracting 
opportunities for small businesses and facilitating development of the 
teams of small business contractors, will be implemented through 
initiatives conducted by OMB, SBA, and procuring agencies.
    Other Action Items, however, require a series of amendments to 
SBA's regulations and applicable provisions of the Federal Acquisition 
Regulation (FAR). Action Item 3 recommends regulatory changes to 
expressly require bundling reviews of multiple award contract vehicles 
and task and delivery orders under such procurements. OMB's report 
notes that there has been a significant increase in the use of such 
contracting vehicles. Since neither the FAR nor SBA's regulations 
specifically require bundling reviews of orders under multiple award 
contracts, multi-agency contracts, Governmentwide acquisition contracts 
and the General Services Administration (GSA) Multiple Award Schedule 
Program, an explicit regulatory amendment mandating such reviews is 
necessary.
    Action Item 4 proposes the establishment of agency-specific 
acquisition dollar thresholds, within the range of $2 million and $7 
million, that would trigger bundling reviews by the agency Office of 
Small and Disadvantaged Business Utilization (OSDBU). In addition, to 
ensure that agencies explore alternative acquisition strategies, Action 
Item 5 recommends that when an agency contemplates a bundled 
procurement above the established threshold, the agency must identify 
alternative acquisition strategies and justify the rationale for 
selecting a particular strategy over another that would involve less 
bundling.
    Finally, as a means of mitigating contract bundling determined to 
be necessary and justified, Action Item 6 calls for measures to 
strengthen compliance with the plans of large business prime 
contractors for subcontracting with small businesses. In addition, 
Action Item 7 further requires measures to facilitate small business 
teams including joint ventures to effectively compete for bundled 
contracts. In connection with Action Item 7, the report requires that 
SBA determine whether regulatory changes are appropriate to encourage 
the development of such small business teaming arrangements.
    This rule proposes to amend the FAR to implement these specific 
Action Items. The proposed amendments were drafted in conjunction with 
a companion proposal to amend applicable provisions of the SBA 
regulations which is also published for comment in the Federal Register 
as a separate rulemaking action.
    This is a significant regulatory action and, therefore, was 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. Section-by-Section Analysis of the Federal Acquisition Regulation

    To implement OMB's Action Item 3 requirement for bundling reviews 
of task and delivery orders under multiple award contract vehicles, the 
proposed rule would add to the bundling definition in FAR 2.101 the 
definition of a ``single contract'' to include (1) an indefinite 
quantity contract awarded to two or more sources under a single 
solicitation for the same or similar supplies and services, and (2) 
include an order under a Federal Supply Schedule contract or a task-or 
delivery-order contract awarded by another agency (i.e., Governmentwide 
acquisition contract or multi-agency contract). By adding the 
definition of a ``single contract'', the regulations would make clear 
that some orders may fall within the scope of the definition of 
contract bundling and are, therefore, subject to the applicable 
requirements for bundling reviews and justifications.
    As required in connection with Action Items 4 and 5 of OMB's 
report, the proposed rule would add FAR 7.104(d)(1) to require the 
planner to coordinate the acquisition plan or strategies with the 
cognizant small business specialist (SBS) when the strategy 
contemplates award of a contract or order meeting the agency dollar 
amounts as indicated in proposed new FAR 7.104(d)(2), unless the 
contract or order is entirely reserved or set-aside for small business 
under FAR Part 19. As proposed in FAR 7.104(d), the SBS shall notify 
the agency OSDBU if the proposed acquisition strategy involves contract 
bundling that the agency has not identified as bundled or includes 
unnecessary or unjustified bundling of requirements. In addition, as 
required in proposed FAR 7.104(d)(2), the acquisition strategy shall be 
coordinated with the cognizant small business specialist in accordance 
with FAR 7.104(d)(1) if the estimated contract or order value dollar 
thresholds established in the proposed three separate agency-specific 
dollar

[[Page 5140]]

thresholds: $7 million or more for the Department of Defense; $5 
million or more for the National Aeronautics and Space Administration, 
the Department of Energy and GSA; and $2 million or more for all other 
agencies. The dollar amounts of the three-tier acquisition threshold 
are based on a comparative analysis of the number and size of the 
contracting actions of the major procuring activities and are intended 
to target contracting actions that would most likely involve contract 
bundling, while at the same time minimize the extent to which the 
bundling reviews would disrupt the procurement process of the 
individual agency. GSA specifically invites public comment on the 
proposed three-tier acquisition threshold and on alternatives that 
would best achieve the intended purposes of Action Items 4 and 5.
    As part of Action Item 3, FAR 7.107(b)(1), 7.107(b)(2), 7.107(d), 
and 7.107(e) would be revised to add the word ``order'' to the 
additional requirements for acquisitions involving contract bundling. 
In an effort to streamline the requirements for reviewing and 
justifying bundled requirements, the proposed rule would revise the 
existing FAR 7.107(e) to define ``substantial bundling'' as any 
bundling that results in a contract or order that meets agency dollar 
amounts specified in the proposed FAR 7.104(d)(2). This change will 
simplify the application of FAR 7.107(e) by using the same dollar 
thresholds to trigger SBS notification to the agency OSDBU under the 
proposed FAR 7.104(d)(1), and to require supporting documentation for 
substantial bundling under 7.107(e). Consistent with OMB's Action Item 
5, the FAR would be revised to add 7.107(e)(6) to require the 
identification of alternative strategies that would reduce or minimize 
the scope of the bundling, and the rationale for not choosing those 
alternatives.
    In connection with OMB's Action Item 3, FAR 8.404(a)(1) would be 
revised to add that the requirement at FAR 19.202-1(e)(1)(iii) applies 
to orders placed against Federal Supply Schedules. Further, FAR 
8.404(a)(2) would be revised to add that orders placed under a Federal 
Supply Schedule contract must comply with all FAR requirements for a 
bundled contract when the order meets the proposed FAR definition of 
``bundled contract''.
    In connection with OMB's Action Item 3, the proposed rule would add 
to FAR 16.505(a)(7) that orders placed under a task-order or delivery-
order contract awarded by another agency must comply with all FAR 
requirements for a bundled contract when the order meets the proposed 
FAR definition of ``bundled contract.''
    In connection with OMB's general call for strengthening OSDBU 
oversight and greater utilization of their resources, the proposed rule 
would add FAR 19.201(d)(11) to impose a new OSDBU oversight function. 
Under this proposed FAR 19.201(d)(11), OSDBUs would be required to 
conduct periodic reviews to assess: (1) The extent to which small 
businesses are receiving their fair share of Federal procurements under 
the programs administered under the Small Business Act; (2) the 
adequacy of contract bundling documentation and justification; and (3) 
the actions taken to mitigate the effects of necessary and justified 
contracting bundling on small businesses. Under this proposed rule, FAR 
19.201(d)(12) would require OSDBUs to submit a copy of their assessment 
to the Agency Head and SBA Administrator.
    FAR 19.202 would add a requirement that agencies shall establish 
procedures including dollar thresholds for review of acquisitions by 
the OSDBU Director, or the Director's designee, as to whether a 
particular acquisition should be awarded under FAR Subpart 19.5, 19.8, 
or 19.13. This proposed change would further OMB's general 
recommendation for the identification of alternative acquisition 
strategies to increase small business participation in procurements.
    We propose to amend FAR 19.202(1)(e)(1)(iii) to assign additional 
responsibilities to the SBA Procurement Center Representatives (PCRs) 
and procuring activities in the acquisition planning process by adding 
the requirement that the contracting officer provide all information 
relative to the justification of contract bundling when the acquisition 
involves substantial bundling, including the acquisition plan or 
strategy, and if the acquisition involves substantial bundling, the 
information identified in 7.107(e). Further, 19.202(1)(e)(iii) will 
require the contracting officer to provide this same information to the 
agency OSDBU when the acquisition involves substantial bundling.
    Consistent with OMB's Action Item 6 proposal to mitigate the 
effects of contract bundling by strengthening compliance with small 
business subcontracting plans, the proposed rule would add language in 
FAR 42.1502 to require an assessment of contractor compliance with the 
goals identified in the small business subcontracting plan in contracts 
that require a subcontracting plan. As currently written, FAR 
15.304(c)(3)(iii) requires that only in solicitations involving 
bundling that offer a significant opportunity for subcontracting, the 
contracting officer must include a factor to evaluate past performance 
indicating the extent to which the offeror attained applicable goals 
for small business participation under contracts that required 
subcontracting plans. Based on the findings of the General Accounting 
Office (GAO) that agency oversight of large business compliance with 
subcontracting plans has been inconsistent, this proposed change 
contemplates a more systemic review of an agency's general oversight as 
well as its individual assessment of contractor subcontracting plan 
compliance to facilitate greater consistency in agency oversight in the 
future. See GAO Report, ``Small Business Subcontracting Report 
Validation Can Be Improved'', GAO-02-166R Subcontracting Data, December 
13, 2001.

C. Regulatory Flexibility Act

    The changes may 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 it proposes to increase 
small business contracting opportunities. An Initial Regulatory 
Flexibility Analysis (IRFA) has been prepared and will be provided to 
the Chief Counsel for Advocacy for the Small Business Administration. 
The analysis reads as follows:

1. Reasons for proposed rule

    This rule proposes to amend the Federal Acquisition Regulation 
(FAR) to implement the recommendations of the Office of Management 
and Budget (OMB) in its report entitled ``A Strategy for Increasing 
Opportunities for Small Business.'' The proposed FAR changes will: 
(1) Clarify the definition of ``bundling'' to indicate it applies to 
orders placed against Federal Supply Schedules and another agency's 
Governmentwide Acquisition contracts or Multi-agency contracts when 
those orders otherwise meet the parameters of the definition; (2) 
require the small business specialist to coordinate on agency 
acquisition strategies at specified dollar thresholds and notify the 
agency Office of Small and Disadvantaged Business Utilization 
(OSDBU) when those strategies include contract bundling that is 
unnecessary, unjustified, or not identified as such by the agency; 
(3) reduce the threshold for ``substantial bundling''; (4) revise 
the documentation requirements for substantial bundling to include 
identification of alternative acquisition strategies that would 
result in the bundling of fewer requirements, along with 
justification for not choosing those alternatives; (5) require 
contracting officers to provide bundling justification documentation 
to the agency OSDBU when substantial bundling is involved; (6) 
require performance evaluations to include an assessment of

[[Page 5141]]

contractor compliance with small business subcontracting goals; and 
(7) require the OSDBU to be responsible for conducting periodic 
reviews to assess agency contract bundling requirements and the 
extent to which small businesses are receiving a fair share of 
Federal procurements.

2. Objectives of and legal basis for this rule

    The objective of this proposed rule is to further the 
Administration's commitment of creating a Government strategy for 
unbundling Federal contracts to increase Federal contracting 
opportunities for small business. In order to accomplish this 
commitment, this proposed rule provides FAR coverage that implements 
the recommendations of OMB in its report entitled ``Contract 
Bundling: A Strategy for Increasing Opportunities for Small 
Business.''

3. Description of and Estimate of the Number of Small Entities to 
Which the Rule Will Apply, or an Explanation if Such Estimate is 
Not Available

    The proposed rule will indirectly apply to all large and small 
entities that seek award of Federal service contracts. The rule 
should have a positive economic impact on small prime contractors 
and subcontractors by providing more Federal contracting 
opportunities for small businesses. In a report filed last year with 
the House and Senate Small Business Committee, the U.S. Small 
Business Administration identified from the Federal Procurement Data 
Center (FPDS) only four material bundling cases with a total value 
of $60 million for the first three quarters of FY 2001. This 
represents 0.0004% of Federal contract dollar activity (contract 
bundling estimate rate which is $60 million divided by $150 billion 
for three-fourths of a year). The new rule now encompasses reviews 
of high dollar value orders. At most, this is expected to be $3 
billion. For example, using the data from table 1 for FY 2001 at DOD 
FFS-GWAC-MACS $7 million or more 659 and FSS+585 = $1.244 billion or 
for FY 2002 857+717 = $1.574 billion orders to be reviewed. Applying 
the contract bundling estimate rate SBA's .0004% to these previously 
un-reviewed contract order dollars of $3 billion, we expect that 
approximately $1 million dollars of orders will be identified as 
bundled.

4. Description of the Projected Reporting, Recordkeeping, and Other 
Compliance Requirements of the Rule, Including an Estimate of the 
Classes of Small Entities Which Will be Subject to the Requirement 
and the Type of Professional Skills Necessary for Preparation of 
the Report or Record

    The proposed rule imposes no reporting, recordkeeping, or other 
compliance requirements.

5. Relevant Federal Rules That May Duplicate, Overlap, or Conflict 
With the Rule

    The companion proposed rule being published by the Small 
Business Administration at the same time as the FAR proposed rule.

6. Description of Any Significant Alternatives to the Proposed Rule 
Which Accomplish the Stated Objectives of Applicable Statutes and 
Which Minimize the Rule's Economic Impact on Small Entities

    Currently, there are no practical alternatives that will 
accomplish the objectives of this proposed rule.

    The FAR Secretariat has submitted a copy of the IRFA to the Chief 
Counsel for Advocacy of the Small Business Administration. A copy of 
the IRFA may be obtained from the FAR Secretariat. The Councils will 
consider comments from small entities concerning the affected FAR parts 
2, 7, 8, 16, 19, and 42 in accordance with 5 U.S.C. 610. Comments must 
be submitted separately and should cite 5 U.S.C 601, et seq. (FAR case 
2002-029), in correspondence.

D. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the proposed 
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 2, 7, 8, 16, 19, and 42

    Government procurement.

    Dated: January 24, 2003.
Al Matera,
Director, Acquisition Policy Division.
    Therefore, DoD, GSA, and NASA propose amending 48 CFR parts 2, 7, 
8, 16, 19, and 42 as set forth below:
    1. The authority citation for 48 CFR parts 2, 7, 8, 16, 19, and 42 
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).

PART 2--DEFINITIONS OF WORDS AND TERMS

    2. Amend section 2.101(b)(2) in the definition ``Bundling'' by 
redesignating paragraph (3) as (4) and adding a new paragraph (3) to 
read as follows:


2.101  Definitions.

* * * * *
    Bundling means--
* * * * *
    (3) Single contract, as used in this definition, includes--
    (i) An indefinite quantity contract awarded to two or more sources 
under a single solicitation for the same or similar supplies and 
services (see FAR 16.504(c)); and
    (ii) An order placed against an indefinite quantity contract under 
a--
    (A) Federal Supply Schedule contract; or
    (B) Task-order contract or delivery-order contract awarded by 
another agency (i.e., Governmentwide acquisition contract or multi-
agency contract).
* * * * *

PART 7--ACQUISITION PLANNING

    3. Amend section 7.104 by adding paragraph (d) to read as follows:


7.104  General procedures.

* * * * *
    (d)(1) The planner shall coordinate the acquisition plan or 
strategy with the cognizant small business specialist when the strategy 
contemplates award of a contract or order meeting the dollar amounts in 
paragraph (d)(2) of this section unless the contract or order is 
entirely reserved or set-aside for small business under Part 19. The 
small business specialist shall notify the agency Office of Small and 
Disadvantaged Business Utilization if the strategy involves contract 
bundling that is unnecessary, unjustified, or not identified as bundled 
by the agency.
    (2) The strategy shall be coordinated with the cognizant small 
business specialist in accordance with paragraph (d)(1) of this section 
if the estimated contract or order value is--
    (i) $7 million or more for the Department of Defense;
    (ii) $5 million or more for the National Aeronautics and Space 
Administration, the General Services Administration, and the Department 
of Energy; and
    (iii) $2 million or more for all other agencies.
    4. Amend section 7.107 in paragraphs (b)(1), (b)(2), and (d) by 
adding the words ``or order'' after the word ``contract''; revising 
paragraph (e), introductory text, paragraphs (e)(4) and (e)(5); and 
adding (e)(6) to read as follows:


7.107  Additional requirements for acquisitions involving bundling.

* * * * *
    (e) Substantial bundling is any bundling that results in a contract 
or order that meets the dollar amounts specified in 7.104(d)(2). When 
the proposed acquisition strategy involves substantial bundling, the 
acquisition strategy must additionally--
* * * * *
    (4) Specify actions designed to maximize small business 
participation as subcontractors (including suppliers) at any tier under 
the contracts, or order, that may be awarded to meet the requirements;
    (5) Include a specific determination that the anticipated benefits 
of the

[[Page 5142]]

proposed bundled contract or order justify its use; and
    (6) Identify alternative strategies that would reduce or minimize 
the scope of the bundling, and the rationale for not choosing those 
alternatives.
* * * * *

PART 8--REQUIRED SOURCES OF SUPPLIES AND CONTRACTS

    5. Amend section 8.404 in the introductory text of paragraph (a)(1) 
by removing the period at the end of the first sentence and adding 
``and the requirement at 19.202-1(e)(1)(iii).'' in its place; and 
revising paragraph (a)(2) to read as follows:


8.404  Using schedules.

    (a) * * *
    (2) Orders placed under a Federal Supply Schedule contract--
    (i) Are not exempt from the development of acquisition plans (see 
Subpart 7.1), and an information technology acquisition strategy (see 
Part 39); and
    (ii) Must comply with all FAR requirements for a bundled contract 
when the order meets the definition of ``bundled contract'' (see 
2.101(b)).
* * * * *

PART 16--TYPES OF CONTRACTS

    6. Amend section 16.505 by removing the word ``and'' from the end 
of paragraph (a)(7)(i); removing the period at the end of paragraph 
(a)(7)(ii) and adding ``; and'' in its place; and adding paragraph 
(a)(7)(iii) to read as follows:


16.505  Ordering.

    (a) * * *
    (7) * * *
    (iii) Must comply with all FAR requirements for a bundled contract 
when the order meets the definition of ``bundled contract'' (see 
2.101(b)).
* * * * *

PART 19--SMALL BUSINESS PROGRAMS

    7. Amend section 19.201 by removing the period at the end of 
paragraph (d)(10) and adding a semicolon in its place; and adding 
paragraphs (d)(11) and (d)(12) to read as follows:


19.201  General policy.

* * * * *
    (d) * * *
    (11) Conduct periodic reviews to assess the--
    (i) Extent to which small businesses are receiving a fair share of 
Federal procurements, including contract opportunities under the 
programs administered under the Small Business Act;
    (ii) Adequacy of contract bundling documentation and 
justifications; and
    (iii) Actions taken to mitigate the effects of necessary and 
justified contract bundling on small businesses; and
    (12) Provide a copy of the assessment made under paragraph (d)(11) 
of this section to the Agency Head and SBA Administrator.
* * * * *
    8. Amend section 19.202 by adding a new sentence after the first 
sentence to read as follows:


19.202  Specific policies.

    * * * Agencies shall establish procedures including dollar 
thresholds for review of acquisitions by the Director or the Director's 
designee for the purpose of making these recommendations. * * *
    9. Amend section 19.202-1 by revising paragraph (e)(1)(iii) to read 
as follows:


19.202-1  Encouraging small business participation in acquisitions.

* * * * *
    (e)(1) * * *
    (iii) The proposed acquisition is for a bundled requirement. (See 
10.001(c)(2)(i) for mandatory 30-day notice requirement to incumbent 
small business concerns.) The contracting officer shall provide all 
information relative to the justification of contract bundling, 
including the acquisition plan or strategy and, if the acquisition 
involves substantial bundling, the information identified in 7.107(e). 
When the acquisition involves substantial bundling, the contracting 
officer shall also provide the same information to the agency Office of 
Small and Disadvantaged Business Utilization.
* * * * *

PART 42--CONTRACT ADMINISTRATION AND AUDIT SERVICES

    10. Amend section 42.1502 by adding a new sentence to the end of 
paragraph (a) to read as follows:


42.1502  Policy.

    (a) * * * These procedures shall require an assessment of 
contractor compliance with the goals identified in the small business 
subcontracting plan when the contract includes the clause at 52.219-9, 
Small Business Subcontracting Plan.
* * * * *
[FR Doc. 03-2159 Filed 1-30-03; 8:45 am]
BILLING CODE 6820-EP-P