[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:

0
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]

0
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]

0
3. Remove section 519.708.

Subpart 519.70 [Removed]

0
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]

0
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