[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Rules and Regulations]
[Pages 26220-26221]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-11117]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 19

[FAC 2005-50; FAR Case 2011-004; Docket 2011-0004; Sequence 1]
RIN 9000-AL88


Federal Acquisition Regulation; Socioeconomic Program Parity

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

ACTION: Correcting amendment.

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SUMMARY: This document contains a correction to the interim rule which 
published in the Federal Register of Wednesday, March 16, 2011 (76 FR 
14568). The regulations implement section 1347 of the ``Small Business 
Jobs Act of 2010.''

DATES: Effective on May 6, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement 
Analyst, at (202) 501-2364. Please cite FAC 2005-50; FAR Case 2011-004.

[[Page 26221]]


SUPPLEMENTARY INFORMATION:

Background

    Section 1347 of the Small Business Jobs Act of 2010, clarifies the 
contracting officer's ability to use discretion when determining 
whether an acquisition will be restricted to small businesses 
participating in the 8(a), HUBZone, or Service-disabled veteran-owned 
(SDVOSB) programs. There is no order of priority among small businesses 
in the 8(a) Business Development program, the HUBZone program, or the 
SDVOSB program.

Need for Correction

    As published, the regulations contain a technical error in the 
promulgated rule.

List of Subjects in 48 CFR Part 19

    Government procurement.

    Accordingly, 48 CFR part 19 is corrected by making the following 
correcting amendment:

PART 19--SMALL BUSINESS PROGRAMS

0
1. The authority citation for 48 CFR part 19 continues to read as 
follows:

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

0
2. Amend section 19.502-2 by revising paragraph (b) to read as follows:


19.502-2  Total small business set-asides.

* * * * *
    (b) Before setting aside an acquisition under this paragraph, refer 
to 19.203(c). The contracting officer shall set aside any acquisition 
over $150,000 for small business participation when there is a 
reasonable expectation that:
    (1) Offers will be obtained from at least two responsible small 
business concerns offering the products of different small business 
concerns (see paragraph (c) of this section); and
    (2) Award will be made at fair market prices. Total small business 
set-asides shall not be made unless such a reasonable expectation 
exists (see 19.502-3 as to partial set-asides). Although past 
acquisition history of an item or similar items is always important, it 
is not the only factor to be considered in determining whether a 
reasonable expectation exists. In making R&D small business set-asides, 
there must also be a reasonable expectation of obtaining from small 
businesses the best scientific and technological sources consistent 
with the demands of the proposed acquisition for the best mix of cost, 
performances, and schedules.
* * * * *

    Dated: May 3, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
[FR Doc. 2011-11117 Filed 5-5-11; 8:45 am]
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