[Federal Register Volume 84, Number 23 (Monday, February 4, 2019)]
[Rules and Regulations]
[Pages 1410-1411]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00882]
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GENERAL SERVICES ADMINISTRATION
48 CFR Parts 501, 519, and 552
[GSAR Change 97; GSAR Case 2017-G502; Docket No. GSA-GSAR-2018-0015;
Sequence No. 1]
RIN 3090-AJ86
General Services Administration Acquisition Regulation (GSAR);
Transition to SBA Mentor-Prot[eacute]g[eacute] Program
AGENCY: Office of Acquisition Policy, General Services Administration.
ACTION: Direct final rule.
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SUMMARY: This direct final rule amends the General Services
Administration Acquisition Regulation (GSAR) to remove the GSAR subpart
GSA Mentor-Prot[eacute]g[eacute] Program and associated clauses that
are duplicative of the Small Business Administration (SBA)
governmentwide Mentor-Prot[eacute]g[eacute] program, and to remove
several subcontracting provisions that are duplicative of the
requirements in the Federal Acquisition Regulation (FAR) clause
pertaining to the Small Business Subcontracting Plan.
DATES: This final rule is effective on April 3, 2019 without further
notice unless adverse comments are received by March 3, 2019. If GSA
receives adverse comments, we will publish a timely withdrawal in the
Federal Register informing the public that the rule will not take
effect.
ADDRESSES: Submit comments identified by GSAR Case 2017, G502,
Transition to SBA Mentor-Prot[eacute]g[eacute] Program, by any one of
the following methods:
Regulations.gov: http://www.regulations.gov. Submit
comments via the Federal eRulemaking portal by searching for ``GSAR
Case 2017-G502''. Select the link ``Comment Now'' that corresponds with
``GSAR Case 2017-G502.'' Follow the instructions provided on the
screen. Please include your name, company name (if any), and ``GSAR
Case 2017-G502'' on your attached document.
Mail: General Services Administration, Regulatory
Secretariat Division (MVCB), ATTN: Lois Mandell, 1800 F Street NW, 2nd
Floor, Washington, DC 20405.
Instructions: Please submit comments only and cite ``GSAR Case
2017-G502'' in all correspondence related to this case. All comments
received will be posted without change to http://www.regulations.gov,
including any personal and/or business confidential information
provided. To confirm receipt of your comment(s), please check https://www.regulations.gov, approximately two to three days after submission
to verify posting (except allow 30 days for posting of comments
submitted by mail).
FOR FURTHER INFORMATION CONTACT: Ms. Dana Bowman, Procurement Analyst,
at 202-357-9652, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat Division at 202-501-4755. Please cite GSAR Case 2017-G502,
Transition to SBA Mentor-Prot[eacute]g[eacute] Program.
SUPPLEMENTARY INFORMATION:
I. Background
On August 24, 2016, the SBA published a final rule, Small Business
Mentor-Prot[eacute]g[eacute] Programs, in the Federal Register at 81 FR
48557 to implement provisions of the Small Business Jobs Act of 2010,
and the National Defense Authorization Act (NDAA) for Fiscal Year (FY)
2013. Based on authorities provided in these two statutes, the rule
established a governmentwide mentor-prot[eacute]g[eacute] program for
all small business concerns. Section 1641, of the NDAA FY 2013,
provided that a Federal department or agency cannot carry out its own
agency specific mentor-prot[eacute]g[eacute] program for small
businesses unless the head of the department or agency submitted a plan
for such a program to SBA and received the SBA Administrator's approval
of the plan. Since the SBA final rule was published, GSA has focused on
supporting existing mentor-prot[eacute]g[eacute] agreements but has not
administered new mentor-prot[eacute]g[eacute] agreements. GSA is
amending the GSAR to repeal the regulations implementing the GSA
Mentor-Prot[eacute]g[eacute] Program and transition contractors to the
governmentwide mentor-prot[eacute]g[eacute]
[[Page 1411]]
program to comply with the SBA final rule. GSA will reduce redundancy
and gain efficiencies by using SBA's governmentwide mentor-
prot[eacute]g[eacute] program.
Upon review of GSA's subcontracting requirements as part of
regulatory reform efforts, it was determined that three subcontracting
provisions were not necessary as they are duplicative of FAR
requirements. GSAR provision 552.219-71, Notice to Offerors of
Subcontracting Plan Requirements, requires any subcontracting plan
submitted pursuant to FAR 52.219-9 to reflect a commitment to ensuring
the maximum practicable opportunity to small business concerns. GSAR
provision 552.219-72, Preparation, Submission, and Negotiation of
Subcontracting Plans, requires an offeror that is submitting a
subcontracting plan in accordance with FAR 52.219-9 to submit the
subcontracting plan with the initial offer. This provision also
provides guidance on the elements expected in a subcontracting plan.
GSAR provision 552.219-73, Goals for Subcontracting Plans, provides
guidance on the expected goals for any subcontracting plan submitted
pursuant to FAR 52.219-9. GSA is repealing GSAR provisions 552.219-71,
552.219-72, and 552.219-73 as the requirements of these provisions
duplicate the requirements in FAR clause 52.219-9, Small Business
Subcontracting Plan. By repealing these provisions, GSA will gain
administrative efficiencies by reducing duplication.
II. General Information
This direct final rule makes the following changes to the GSAR: (1)
Removes subpart 519.70, GSA Mentor-Prot[eacute]g[eacute] Program and
associated clauses: 552.219-75, GSA Mentor-Prot[eacute]g[eacute]
Program, and 552.219-76, Mentor Requirements and Evaluation, and, (2)
removes section 519.708, Contract Clauses and associated provisions:
552.219-71, Notice to Offerors of Subcontracting Plan Requirements,
552.219-72, Preparation, Submission, and Negotiation of Subcontracting
Plans, and 552.219-73, Goals for Subcontracting Plans. This final rule
also updates the table in part 501 to remove the outdated OMB control
numbers. GSA is publishing this rule without a prior proposed rule
because we view this as a noncontroversial action and anticipate no
adverse comment. If GSA receives adverse comment, we will publish a
timely withdrawal in the Federal Register informing the public that the
rule will not take effect. Any parties interested in commenting must do
so at this time.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Executive Order 13771
This final rule is not subject to E.O. 13771, because this rule is
not a significant regulatory action under E.O. 12866.
V. Regulatory Flexibility Act
GSA does not expect this direct final rule to 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 this rule removes certain GSAR provisions and clauses from the
GSAM to comply with FAR 1.104 and statutory amendments in Section 1641
of NDAA FY 2013. GSA will use SBA's governmentwide mentor-
prot[eacute]g[eacute] program instead of managing its own program.
Additionally, this rule does not impose requirements involving capital
investment, implementing procedures, or record keeping.
VI. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. chapter 35) does apply.
These changes to the GSAR remove the GSA information collection
requirements previously approved under the OMB Control Numbers 3090-
0286 GSA Mentor-Prot[eacute]g[eacute] Program and 3090-0252
Preparation, Submission and Negotiation of Subcontracting Plans. GSA
will submit to OMB a request to repeal the information collection
requirements. For a copy of the information collection documents,
contact the Regulatory Secretariat Division by mail at 1800 F Street
NW, Washington, DC 20405, or by phone at 202-501-4755. Please cite the
GSAR Case 2017-G502, Transition to SBA Mentor-Prot[eacute]g[eacute]
Program.
List of Subjects in 48 CFR Parts 501, 519, and 552.
Government procurement.
Dated: January 30, 2019.
Jeffrey A. Koses,
Senior Procurement Executive, Office of Acquisition Policy, Office of
Government-wide Policy, General Services Administration.
Therefore, GSA amends 48 CFR parts 501, 519, and 552 as set forth
below:
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1. The authority citation for 48 CFR parts 501, 519 and 552 continues
to read as follows:
Authority: 40 U.S.C. 121(c).
PART 501--GENERAL SERVICES ADMINISTRATION ACQUISITION REGULATION
SYSTEM
501.106 [Amended]
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2. Amend section 501.106 in the table by removing GSAR references
``519.708(b)'', ``519.70'', ``552.219-72'', ``552.219-75'', and
``552.219-76'', and their corresponding OMB control numbers ``3090-
0252'', ``3090-0286'', ``3090-0252'', ``3090-0286'', and ``3090-0286'',
respectively.
PART 519--SMALL BUSINESS PROGRAMS
519.708 [Removed]
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3. Remove section 519.708.
Subpart 519.70 [Removed]
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4. Remove subpart 519.70.
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
552.219-71 through 552.219-73 [Removed]
0
5. Remove sections 552.219-71 through 552.219-73.
552.219-75 and 552.219-76 [Removed]
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6. Remove sections 552.219-75 and 552.219-76.
[FR Doc. 2019-00882 Filed 2-1-19; 8:45 am]
BILLING CODE 6820-61-P