[Federal Register Volume 75, Number 47 (Thursday, March 11, 2010)]
[Notices]
[Pages 11730-11732]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-5295]



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Part IV





Department of Labor





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Office of the Secretary



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Secretary's Order 2-2010; Notice

  Federal Register / Vol. 75, No. 47 / Thursday, March 11, 2010 / 
Notices  

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DEPARTMENT OF LABOR

Office of the Secretary


 Secretary's Order 2-2010

    Subject: Small and Disadvantaged Business Utilization Program.
    1. Purpose. To define the authority and assign responsibilities for 
the administration of the small and disadvantaged business utilization 
program in the Department of Labor.
    2. Authority and Directives Affected.
    A. Authorities. This Order is issued pursuant to 29 U.S.C. 551 et 
seq.; 5 U.S.C. 301; the Small Business Act (15 U.S.C. 631 et seq.), 
including section 15(k) (15 U.S.C. 644(k)); the Historically 
Underutilized Business Zone Act of 1997 (15 U.S.C. 631 note); the 
Regulatory Flexibility Act (see 5 U.S.C. 601 et seq.); the Small 
Business Regulatory Enforcement Fairness Act (``SBREFA'') (see 5 U.S.C. 
601 et seq. and 15 U.S.C. 657); 44 U.S.C. 3506(i); Executive Order 
12432, ``Minority Business Enterprise Development'' (July 14, 1983); 
Executive Order 12928, ``Promoting Procurement with Small Businesses 
Owned and Controlled by Socially and Economically Disadvantaged 
Individuals, Historically Black Colleges and Universities, and Minority 
Institutions'' (September 16, 1994); Executive Order 13230, 
``President's Advisory Commission on Educational Excellence for 
Hispanic Americans'' (October 12, 2001); Executive Order 13256, 
``President's Board of Advisors on Historically Black Colleges and 
Universities'' (February 12, 2002), as amended and continued by 
Executive Order 13511; Executive Order 13270, ``Tribal Colleges and 
Universities'' (July 3, 2002) as amended and continued by Executive 
Order 13511; and Executive Order 13515, ``Increasing Participation of 
Asian Americans and Pacific Islanders in Federal Programs'' (October 
14, 2009).
    B. Directives Affected.
    (1) This Order does not affect the authorities and responsibilities 
assigned by any other Secretary's Order, unless otherwise expressly so 
provided in this or another Order.
    (2) Secretary's Order 4-2002 is superseded and cancelled.
    3. Background. This Secretary's Order is issued concurrently with 
the realignment of the Department's small business-related functions 
under the Assistant Secretary for Administration and Management. The 
goal of this realignment is to better integrate small business outreach 
and small business procurement with the overall DOL procurement 
function--to make the appropriate use of small business services part 
of DOL's ``standard operating procedure.''
    4. Director of the Small and Disadvantaged Business Utilization 
Program. The Assistant Secretary for Administration and Management is 
hereby appointed to serve as the Director of the Small and 
Disadvantaged Business Utilization program for the Department (the 
``Director''). The Director is vested with the management of the 
Department's Small and Disadvantaged Business Utilization program and 
will have responsibility for overseeing the activities of that program 
as set forth in paragraph 5 below. The Director is responsible only to, 
and will report directly to, the Secretary.
    5. Delegation of Authority and Assignment of Responsibilities to 
the Director of the Small and Disadvantaged Business Utilization 
Program.
    A. The Director of the Small and Disadvantaged Business Utilization 
Program will have the following duties, which are assigned to the 
Director by Section 15(k) of the Small Business Act, 15 U.S.C. 644(k):
    (1) Be responsible for implementing and executing the functions and 
duties under 15 U.S.C. 644 and 15 U.S.C. 637 which relate to the 
Department, and cooperating, and consulting on a regular basis, with 
the Small Business Administration (``SBA'') with respect to carrying 
out such functions and duties;
    (2) Identifying proposed solicitations that involve significant 
bundling of contract requirements, and work with acquisition staff and 
the SBA to revise the procurement strategies for such proposed 
solicitations where appropriate to increase the probability of 
participation by small businesses as prime contractors, or to 
facilitate small business participation as subcontractors and 
suppliers, if a solicitation for a bundled contract is to be issued;
    (3) Assisting small business concerns to obtain payments, required 
late payment interest penalties, or information regarding payments due 
to such concerns from the Department or a contractor, in conformity 
with chapter 39 of title 31 or any other protection for contractors or 
subcontractors (including suppliers) that is included in the Federal 
Acquisition Regulation or the Department's acquisition regulations;
    (4) Exercising supervisory authority over agency personnel to the 
extent that the functions and duties of such personnel relate to 
functions and duties under 15 U.S.C. 644 and 15 U.S.C. 637;
    (5) Assigning a small business technical adviser to each office to 
which an SBA procurement center representative is assigned--
    (a) who shall be a full-time employee of the procuring activity and 
shall be well qualified, technically trained and familiar with the 
supplies or services purchased at the activity, and
    (b) whose principal duty shall be to assist the SBA procurement 
center representative in his duties and functions relating to 15 U.S.C. 
644 and 15 U.S.C. 637;
    (6) Recommending to contracting officers whether a particular 
contract requirement should be awarded pursuant to 15 U.S.C. 644(a) or 
15 U.S.C. 637(a). Such recommendations shall be made with due regard to 
the requirements of subsection 15 USC 644(m), and the failure of the 
contracting officer to accept any such recommendations shall be 
documented and included within the appropriate contract file.
    B. The Director of the Small and Disadvantaged Business Utilization 
Program is delegated authority and assigned responsibility for the 
following additional activities relating to small business concerns:
    (1) Ensuring that the Department fulfills its responsibility to 
provide procurement opportunities for small business concerns, small 
disadvantaged businesses, women-owned small businesses, Historically 
Underutilized Business Zone (HUBZone) businesses, and businesses owned 
by service-disabled veterans, including:
    (a) Establishing Departmental and agency goals, in cooperation with 
agencies and in accordance with 15 U.S.C. 644, for the participation by 
such entities in appropriate procurement actions;
    (b) Consulting with the SBA as necessary and preparing the annual 
plan and annual report from the Secretary to the SBA Administrator on 
participation of small entities in procurement actions by the 
Department;
    (c) Conducting outreach programs, seminars, and similar initiatives 
for such entities and acting as the Department's liaison to such 
entities for program procurement activities;
    (d) Providing training regarding utilization of small and 
disadvantaged businesses to DOL employees whose duties and functions 
relate to procurement; and
    (e) Ensuring the Department's compliance with the procurement and 
property disposal requirements of 15 U.S.C. 637(b).
    (2) Ensuring that small business specialists are appointed 
throughout the Department, and are trained in performing their duties.

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    (3) Publishing information required by Sections 8 and 15 of the 
Small Business Act.
    (4) Coordinating and consulting, as appropriate, with other DOL 
agencies in fulfilling the above responsibilities.
    (5) Appointing a point of contact to act as liaison between the 
Department and small business concerns and notifying the SBA of such 
point of contact, all in accordance with the Small Business Paperwork 
Relief Act of 2002.
    (6) Performing any additional or similar duties which may be 
assigned by law or by the Secretary.
    6. Delegation of Authority and Assignment of Responsibilities to 
Other Departmental Officials
    A. The Assistant Secretary for Administration and Management (the 
``ASAM'').
    (1) The ASAM is delegated authority and assigned responsibility for 
the following SBREFA compliance and related matters:
    (a) Acting as the Department's ombudsman to small businesses, 
including responding to inquiries or complaints arising under SBREFA 
and coordinating with the relevant enforcement agencies within the 
Department to respond to such inquiries and complaints.
    (b) Serving as the Department's liaison with the SBA's Small 
Business and Agriculture Regulatory Enforcement Ombudsman (the 
``National Ombudsman'') and providing, in coordination with the 
Department's enforcement agencies, the Department's response and other 
input related to the SBA Ombudsman's Regulatory Fairness 
Recommendations Report to Congress (known as the National Ombudsman's 
Report to Congress.)
    (2) The ASAM is delegated authority and assigned responsibility for 
the following activities in support of minority serving institutions:
    (a) Acting as the Department's liaison to minority businesses and 
institutions; planning, coordinating, monitoring, evaluating, and 
reporting on the Department's related activities under Executive Orders 
12432 and 12928, including efforts to increase the involvement of 
minority businesses in the Department's programs and plans; 
coordination of related memoranda of understanding; and service as the 
Department's liaison to the Department of Commerce's Minority Business 
Development Agency.
    (b) Acting as the Department's liaison to Tribal Colleges and 
Universities; planning, coordinating, monitoring, evaluating, and 
reporting on the Department's related activities under EO 13270, as 
amended by EO 13511, including efforts to increase the involvement of 
Tribal Colleges and Universities in the Department's programs and 
plans; coordination of related memoranda of understanding; and service 
as the Department's liaison to the President's Board of Advisors on 
Tribal Colleges and Universities and the White House Initiative on 
Tribal Colleges and Universities.
    (c) Acting as the Department's liaison to Asian Americans and 
Pacific Islanders as related to: Planning, coordinating, monitoring, 
evaluating, and reporting on the Department's activities under EO 
13515, including efforts to increase the involvement of Asian Americans 
and Pacific Islanders in the Department's programs and plans; 
coordination of related memoranda of understanding; and service as the 
Department's liaison to the President's Advisory Commission on Asian 
Americans and Pacific Islanders and the White House Initiative on Asian 
Americans and Pacific Islanders.
    (d) Acting as the Department's liaison to Hispanic Americans as 
related to: Planning, coordinating, monitoring, evaluating, and 
reporting on the Department's activities under EO 13230, including 
efforts to increase the involvement of Hispanic Americans in the 
Department's programs and plans; coordination of related memoranda of 
understanding; and service as the Department's liaison to the 
President's Advisory Commission on Educational Excellence for Hispanic 
Americans and the White House Initiative on Educational Excellence for 
Hispanic Americans.
    (e) Acting as the Department's liaison to HBCUs; planning, 
coordinating, monitoring, evaluating, and reporting on the Department's 
related activities under Executive Orders 12928 and 13256, including 
efforts to increase the participation of HBCUs in the Department's 
programs and plans; coordination of related memoranda of understanding; 
and service as the Department's liaison to the President's Board of 
Advisors on HBCUs and the White House Initiative on HBCUs.
    B. The Assistant Secretary for Employment and Training is 
responsible for ensuring that small business-related informational 
materials are made available via the public workforce system--One Stop 
Career Centers--in order to provide advisory services to small/
disadvantaged businesses at the local level, including:
    (1) Helping entrepreneurs understand how to qualify as a small/
disadvantaged business in the Federal sector via links or information 
that can be obtained via Web sites.
    (2) Providing information on navigating government processes in 
order to help businesses understand how to successfully bid on and win 
government contracting opportunities.
    (3) Linking small/disadvantaged businesses to Federal contracting 
opportunities via Web sites.
    (4) Providing information and/or links to information relating to 
business planning, staffing, financing, etc.
    C. The Solicitor of Labor is responsible for providing legal advice 
and assistance to all Department of Labor officials relating to 
implementation and administration of all aspects of this Order.
    D. DOL Agency Heads are responsible for:
    (1) Developing Agency annual acquisition plans, and annual small 
and disadvantaged business utilization plans, consistent with Agency 
responsibilities.
    (2) Developing Agency minority institution activity plans, 
consistent with Agency responsibilities, to promote the objectives of 
Executive Orders 12432, 12928, 13230, 13256, 13270 and 13515 or similar 
laws.
    (3) Conferring with Agency program and procurement officials to 
establish Agency monetary procurement goals, minority institution 
commitments, minority business development plans, and ensuring that 
Agency program and procurement officials cooperate to achieve these 
objectives.
    (4) Ensuring that reports concerning degree of achievement of the 
above objectives are accurate and submitted in a timely manner.
    7. Reservations of Authority and Responsibility.
    A. The submission of reports and recommendations to the President 
and the Congress concerning the administration of statutory or 
administrative provisions is reserved to the Secretary, as is the 
submission of the Department's annual plan and annual report to the SBA 
on participation by small business concerns, small disadvantaged 
businesses, women-owned small businesses, HUBZone businesses, and 
businesses owned by service-disabled veterans, in the Department's 
procurement actions.
    B. This Secretary's Order does not affect the authorities or 
responsibilities of the Office of Inspector General under the Inspector 
General Act of 1978, as amended, or under Secretary's Order 4-06 
(February 21, 2006).
    8. Effective Date. This Order is effective immediately.


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    Dated: March 4, 2010.
Hilda L. Solis,
Secretary of Labor.
[FR Doc. 2010-5295 Filed 3-10-10; 8:45 am]
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