[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Acquisition Regulation: Removal of Outdated References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outdated references and/or obsolete information.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Specialists and was out of date and inconsistent with statutory 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

[[Page 17132]]

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

[[Page 17133]]

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