[Federal Register Volume 84, Number 79 (Wednesday, April 24, 2019)]
[Proposed Rules]
[Pages 17131-17133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-07814]
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DEPARTMENT OF THE INTERIOR
Office of the Secretary
48 CFR Part 1419
[190D0102DM DS62500000 DLSN00000.000000 DX62501; DOI-2018-0018]
RIN 1090-AB22
Acquisition Regulation: Removal of Outdated References
AGENCY: Office of Small and Disadvantaged Business Utilization,
Interior.
ACTION: Notice of proposed rulemaking.
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SUMMARY: The Department of the Interior is issuing a proposed rule
amending the Department of the Interior Acquisition Regulation (DIAR)
to implement Section 15(k) of the Small Business Act and remove
outdated references and/or obsolete information.
DATES: Comments must be received on or before June 24, 2019.
ADDRESSES: You may submit comments on the rulemaking on Docket Number
DOI-2018-0018 through the Federal eRulemaking Portal at https://www.regulations.gov. Please use Regulation Identifier Number (RIN)
1090-AB22 in your message. Follow the instructions on the website for
submitting comments.
FOR FURTHER INFORMATION CONTACT: Mr. Christopher Bell, Procurement
Analyst, Office of Small and Disadvantaged Small Business, Department
of the Interior, 1849 C Street NW, Mail Stop 4262 MIB, Washington, DC
20240; telephone (202) 208-3458 or email [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
This proposed rule will revise the Department of the Interior
Acquisition Regulation (DIAR) in order to update references to other
Federal and Departmental directives, remove obsolete material and
remove obsolete references.
On November 24th, 2015, the DOI Office of Acquisition and Property
Management (PAM) issued a class deviation to DIAR 1419.2, to revise the
content in 1419.201 and 1419.202. This proposed rule intends to update
the DIAR with changes from the deviation and rescind the class
deviation.
The content of DIAR 1419.201 related to setting goals for small
business contracting, the role of the Office of Small and Disadvantaged
Business Utilization (OSDBU) and the appointment of Small Business
Specialists and was out of date and inconsistent with statutory
requirements and the Federal Acquisition Regulation (FAR). The
deviation ensured that DOI manages our small business goals in full
compliance with SBA's procedures and adhered to FAR requirements
regarding the role of the OSDBU and Small Business Specialists. This
proposed rule ensures that the role of the Director of the OSDBU is
consistent with the Small Business Act 15 U.S.C. 644(k).
The proposed rule simplifies DIAR 1419.202 to allow the OSDBU
Director responsibility for issuing policy on the use and content of
the Form DI-1886 ``Acquisition Screening and Review Form''.
The proposed rule further intends to remove the following from DIAR
1419:
Remove DIAR 1419.505, ``Rejecting Small Business Administration
recommendations.'' The Department has determined that the procedures in
FAR 19.505 are sufficient for documenting the rejection of Small
Business Administration's recommendation and that further supplemental
guidance in the DIAR is duplicative and redundant;
Remove DIAR 1419.506, ``Withdrawing or modifying small business
set-asides.'' The Department has determined that the procedures in FAR
19.506 are sufficient for withdrawing or modifying small business set-
asides and that further supplemental guidance in the DIAR is
duplicative and redundant;
Remove DIAR 1419.7, ``The Small Business Subcontracting Program'',
in its entirety. The DOI has determined that the procedures in FAR 19.7
are
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sufficient for managing the DOI's small business subcontracting
program;
Remove DIAR 1419.803, Selecting acquisitions for the 8(a) program;
Remove DIAR 1419.9, ``Contracting Opportunities for Women-Owned
Small Businesses'', in its entirety. The Executive Order 12138
supporting the regulation has been superseded by the Women Owned Small
Business program established under 15 U.S.C 637(m);
Remove DIAR 1419.10, ``Small Business Competitiveness Demonstration
Program'', in its entirety. FAR 19.10 was established to meet the
requirements of the Business Opportunity Development Reform Act of 1988
(Pub. L. 100-656). Section 1335 of the Small Business Jobs Act of 2010
(Pub. L. 111-240) amended the Business Opportunity Development Reform
Act of 1988 and repealed the Small Business Competitiveness
Demonstration Program.
II. Required Determinations
1. Regulatory Planning and Review (Executive Orders 12866 and
13563). Executive Order (E.O.) 12866 provides that the Office of
Information and Regulatory Affairs (OIRA) will review all significant
rules. OIRA has determined that this proposed rule is not significant.
Executive Order 13563 reaffirms the principles of E.O. 12866 while
calling for improvements in the nation's regulatory system to promote
predictability, to reduce uncertainty, and to use the best, most
innovative, and least burdensome tools for achieving regulatory ends.
The Executive Order directs agencies to consider regulatory approaches
that reduce burdens and maintain flexibility and freedom of choice for
the public, where these approaches are relevant, feasible, and
consistent with regulatory objectives. E.O. 13563 emphasizes further
that regulations must be based on the best available science and that
the rulemaking process must allow for public participation and an open
exchange of ideas. We have developed this proposed rule in a manner
consistent with these requirements.
2. Regulatory Flexibility Act. The Secretary certifies that the
adoption of this proposed rule will not have a significant economic
impact on a substantial number of small entities as they are defined in
the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Therefore, under
5 U.S.C. 605(b), this rulemaking is exempt from the initial and final
regulatory flexibility analysis requirements of sections 603 and 604.
3. Small Business Regulatory Enforcement Fairness Act. This
proposed rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act (5 U.S.C. 804(2)). This proposed rule does not
have an annual effect on the economy of $100 million or more. This
proposed rule will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions. This proposed rule does not have
significant adverse effects on competition, employment, investment,
productivity, innovation, or the ability of U.S.-based enterprises to
compete with foreign-based enterprises.
4. Unfunded Mandates Reform Act. This proposed rule does not impose
an unfunded mandate on State, local, or tribal governments or the
private sector of more than $100 million per year. The rule does not
have a significant or unique effect on State, local, or tribal
governments, or the private sector nor does the rule impose
requirements on State, local, or tribal governments. A statement
containing the information required by the Unfunded Mandates Reform Act
(2 U.S.C. 1531 et seq.) is not required.
5. Takings (E.O. 12630). This proposed rule does not affect a
taking of private property or otherwise have taking implications under
Executive Order 12630. A takings implication assessment is not
required.
6. Federalism (E.O. 13132). Under the criteria in section 1 of E.O.
13132, this proposed rule does not have sufficient Federalism
implications to warrant the preparation of a Federalism summary impact
statement. It would not substantially and directly affect the
relationship between the Federal and state governments. A Federalism
summary impact statement is not required.
7. Civil Justice Reform (E.O. 12988). This proposed rule complies
with the requirements of E.O. 12988. Specifically, this rule (1) meets
the criteria of section 3(a) of this E.O. requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and (2) meets the criteria of section
3(b)(2) of this E.O. requiring that all regulations be written in clear
language and contain clear legal standards.
8. Consultation with Indian tribes (E.O. 13175). The Department
strives to strengthen its government-to-government relationship with
Indian tribes through a commitment to consultation and recognition of
their right to self-governance and tribal sovereignty. We have
evaluated this rule under the Department's consultation policy and
under the criteria in E.O. 13175 and have determined that it has no
substantial direct effect on Federally recognized Indian tribes and
that consultation under the Department's tribal consultation policy is
not required. This rule does not apply to tribal awards made in
accordance with the Indian Self-Determination and Education Assistance
Act (Pub. L. 93-638, 88 Stat. 2204), as amended.
9. Paperwork Reduction Act, 44 U.S.C. 3501, et seq. This proposed
rule does not contain information collection requirements, and a
submission to the Office of Management and Budget under the Paperwork
Reduction Act (PRA) is not required.
10. National Environmental Policy Act. This proposed rule does not
constitute a major Federal action significantly affecting the quality
of the human environment. A detailed statement under the National
Environmental Policy Act of 1969 (NEPA) is not required because the
rule is covered by the categorical exclusion listed in 43 CFR
46.210(c). We have also determined that the rule does not involve any
of the extraordinary circumstances listed in 43 CFR 46.215 that would
require further analysis under NEPA.
11. Effects on the Energy Supply (E.O. 13211) This proposed rule is
not a significant energy action under the definition in E.O. 13211. A
Statement of Energy Effects is not required.
12. Clarity of this Regulation. We are required by Executive Orders
12866 (section 1(b)(12)), and 12988 (section 3(b)(1)(B)), and 13563
(section 1(a)), and the Presidential Memorandum of June 1, 1998, to
write all rules in plain language. This means that each rule we publish
must (1) be logically organized; (2) use the active voice to address
readers directly; (3) use common, everyday words and clear language
rather than jargon; (4) be divided into short sections and sentences;
and (5) use lists and tables wherever possible.
If you feel that we have not met these requirements, send us
comments by one of the methods listed in the FOR FURTHER INFORMATION
CONTACT section. To better help us revise the rule, your comments
should be as specific as possible. For example, you should tell us the
number of section or paragraphs that you find unclear, which section or
sentences are too long, the sections where you feel lists or tables
would be useful, etc.
13. Public availability of comments. Before including your address,
phone number, email address, or other personal identifying information
in your comment, you should be aware that your entire comment--
including your
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personal identifying information--may be publically available at any
time. While you can ask us in your comment to withhold your personal
identifying information from public review, we cannot guarantee that we
will be able to do so.
List of Subjects in 48 CFR Part 1419
Government procurement, Small business.
For the reasons set out in the preamble, DOI proposes to revise 48
CFR, chapter 7, part 1419 to read as follows:
PART 1419--SMALL BUSINESS PROGRAMS
Subpart 1419.1--[Reserved]
Subpart 1419.2--Policies
Sec.
1419.201 General Policy.
1419.202 Specific policies.
Subpart 1419.3--[Reserved]
Subpart 1419.4--[Reserved]
Subpart 1419.5--Set-Asides for Small Business
1419.503 Setting aside a class of acquisitions.
1419.503-70 Class set-aside for construction acquisitions.
Subpart 1419.6--Certificates of Competency and Determinations of
Responsibility
1419.602 Procedures.
1419.602-1 Referral.
Subpart 1419.7--[Reserved]
Subpart 1419.8--Contracting with the Small Business Administration (The
8(a) Program)
1419.803 [Reserved]
1419.810 SBA appeals.
Subpart 1419.9--[Reserved]
Subpart 1419.10--[Reserved]
Authority: Sec. 205(c); 63 Stat. 390; 40 U.S.C. 486(c); and 5
U.S.C. 301.
Subpart 1419.1--[Reserved]
Subpart 1419.2--Policies
1419.201 General Policy.
The Director of the Office of Small Disadvantaged Business
Utilization (OSDBU) is responsible for the following;
(a) Developing and maintaining policies, procedures, regulations,
and guidelines for the effective administration of the Department's
small business and disadvantaged business programs;
(b) The appointment of Small Business Specialists to ensure
compliance with all applicable law, regulation, and policy; and
(c) The negotiation of annual small business and subcontracting
goals with the Small Business Administration (SBA). The purpose of
these goals is to increase participation of small business and
disadvantaged small businesses in contract and subcontract
opportunities.
1419.202 Specific policies
1419.202-70 Acquisition screening and Small Business Specialist
recommendations.
The Director of the OSDBU is responsible for issuing policy for use
of the DI Form 1886 and determining the content of Form DI-1886
``Acquisition Screening and Review Form.''
Subpart 1419.3--[Reserved]
Subpart 1419.4--[Reserved]
Subpart 1419.5--Set-Asides for Small Business
1419.503 Setting aside a class of acquisitions.
1419.503-70 Class set-aside for construction acquisitions.
(a) Acquisitions for construction (as defined in FAR 2.101)
estimated to cost $2 million or less must be set-aside on a class basis
for exclusive participation by small business or disadvantaged business
concerns. This class set-aside does not apply when:
(1) The acquisition is procured using simplified acquisition
procedures;
(2) A non-competitive acquisition has been approved under the
procedures of FAR 6.3;
(3) Work is to be performed outside the U.S.; or
(4) The Bureau Procurement Chief determines that adequate
competition is not likely to be obtained if the acquisition is
restricted to small business concerns.
(b) [Reserved].
Subpart 1419.6--Certificates of Competency and Determinations of
Responsibility
1419.602 Procedures.
1419.602-1 Referral.
The contracting officer must obtain approval from the Chief of the
Contracting Office for all determinations documenting a responsive
small business' lack of responsibility prior to submission to the
appropriate SBA office. A copy of the determination must be sent to
OSDBU within 5 working days of the approval date of the determination.
Subpart 1419.7--[Reserved]
Subpart 1419.8--Contracting with the Small Business Administration
(The 8(a) Program)
1419.803 [Reserved]
1419.810 SBA appeals.
Assistant Secretary of Policy Management and Budget, without the
power of redelegation, is authorized to issue the decision on an SBA
appeal of a Contracting Officer's Section 8(a) decision.
Subpart 1419.9--[Reserved]
Subpart 1419.10--[Reserved]
Susan Combs,
Senior Advisor to the Secretary, Exercising the Authority of the
Assistant Secretary for Policy, Management and Budget.
[FR Doc. 2019-07814 Filed 4-23-19; 8:45 am]
BILLING CODE 4334-63-P