[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]
[[Page 11729]]
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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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