[Federal Register Volume 86, Number 52 (Friday, March 19, 2021)]
[Proposed Rules]
[Page 14864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05659]



[[Page 14864]]

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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 19 and 35

[FAR Case 2012-015, Docket No. FAR-2012-0015, Sequence No. 1]
RIN 9000-AM33


Federal Acquisition Regulation: Small Business Set Asides for 
Research and Development Contracts

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

ACTION: Proposed rule; withdrawal.

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SUMMARY: DoD, GSA, and NASA are withdrawing the proposed rule to amend 
the Federal Acquisition Regulation (FAR) titled: Small Business Set 
Asides for Research and Development Contracts. The decision not to 
proceed with a final rule was made because of the passage of time since 
the proposed rule was issued, and input from respondents indicating 
that the proposed changes were, on balance, unnecessary or unhelpful. 
Accordingly, this proposed rule is withdrawn, and the FAR case is 
closed.

DATES: The proposed rule published on August 10, 2012, at 77 FR 47797 
is withdrawn as of March 19, 2021.

FOR FURTHER INFORMATION CONTACT: Malissa Jones, Procurement Analyst, at 
703-605-2815 or [email protected]. Please cite ``FAR Case 2012-
015''.

SUPPLEMENTARY INFORMATION: On August 10, 2012, DoD, GSA, and NASA 
proposed to amend the FAR to clarify that contracting officers shall 
set aside acquisitions for research and development in excess of the 
simplified acquisition threshold when the market research conducted in 
accordance with FAR part 10 indicates there are small businesses 
capable of providing the best scientific and technological approaches 
(77 FR 47797). The proposed rule was in response to a request from the 
Small Business Administration to review whether the language at FAR 
19.502-2(b)(2) creates an additional or unique condition that must be 
met before a contracting officer can proceed with a small business set-
aside for research and development.
    A decision was made not to proceed with finalization of the 
proposed rule. Because of the passage of time, and input from 
respondents indicating that the proposed changes were, on balance, 
unnecessary or unhelpful, the FAR Council has concluded that 
consideration of any future amendments to the FAR related to small 
business set-asides for research and development should be accomplished 
under a new FAR case. Accordingly, the proposed rule published at 77 FR 
47797 on August 10, 2012, is withdrawn and FAR Case 2012-015 is closed.

List of Subjects in 48 CFR Parts 19 and 35

    Government procurement.

William F. Clark,
Director, Office of Government-wide Acquisition Policy, Office of 
Acquisition Policy, Office of Government-wide Policy.
[FR Doc. 2021-05659 Filed 3-18-21; 8:45 am]
BILLING CODE 6820-EP-P