Federal Acquisition Regulation; Small Business Competitiveness Demonstration Program

DEPARTMENT OF DEFENSE

DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Part 19

[FAC 90-23; FAR Case 92-302; Item XIII]

RIN 9000-AG10

Federal Acquisition Regulation; Small Business Competitiveness

Demonstration Program

AGENCIES: Department of Defense (DOD), General Services Administration

(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Interim rule with request for comment.

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SUMMARY: The Civilian Agency Acquisition Council and the Defense

Acquisition Regulations Council have agreed to an interim rule that

amends the Federal Acquisition Regulation (FAR) to specify that

agencies may reinstate the use of small business set-asides as

necessary to meet assigned goals, but only within the organizational

unit(s) that failed to meet the small business goals; and revises the

description of Architect and Engineering Services as a designated

industry group. This regulatory action was not subject to Office of

Management and Budget review under Executive Order 12866, dated

September 30, 1993.

DATES: Effective Date: December 28, 1994.

Comment Date: Comments should be submitted to the FAR Secretariat

at the address shown below on or before February 27, 1995, to be

considered in the formulation of a final rule.

ADDRESSES: Interested parties should submit written comments to:

General Services Administration, FAR Secretariat (VRS), 18th & F

Streets, NW, Room 4035, Attn: Ms. Beverly Fayson, Washington, DC 20405.

Please cite FAC 90-23, FAR case 92-302 in all correspondence

related to this case.

FOR FURTHER INFORMATION CONTACT:Ms. Shirley Scott at (202) 501-0168 in

reference to this FAR case. For general information, contact the FAR

Secretariat, Room 4037, GS Building, Washington, DC 20405 (202) 501-

4755. Please cite FAC 90-23, FAR case 92-302.

SUPPLEMENTARY INFORMATION:

A. Background

This interim rule implements Title II of Pub. Law 102-366, the

Small Business Credit and Business Opportunity Enhancement Act of 1992,

which revised Title VII of Pub. Law 100-656, Small Business

Competitiveness Demonstration Program. The Office of Federal

Procurement Policy (OFPP) published an interim Policy Directive in the

Federal Register at 58 FR 19849, April 16, 1993, revising the current

Directive dated August 31, 1989, to include revisions based on Title

II.

B. Regulatory Flexibility Act

This rule implements statutory revisions and resulting revisions to

the OFPP Policy Directive. OFPP prepared the appropriate regulatory

flexibility analysis as part of the revisions to the OFPP Policy

Directive published in the Federal Register at 58 FR 19849, April 16,

1993.

C. Paperwork Reduction Act

The Paperwork Reduction Act does not apply because the changes to

the FAR do not impose recordkeeping or information collection

requirements, or collection of information from offerors, contractors,

or members of the public which require the approval of OMB under 44

U.S.C. 3501, et seq.

D. Determination To Issue an Interim Rule

A determination has been made under the authority of the Secretary

of Defense (DOD), the Administrator of General Services (GSA), and the

Administrator of the National Aeronautics and Space Administration

(NASA) that compelling reasons exist to promulgate this interim rule

without prior opportunity for public comment. This action is necessary

because Title II of Pub. Law 102-366, the Small Business Credit and

Business Opportunity Enhancement Act of 1992, which revises Title VII

of Pub. Law 100-656, Small Business Competitiveness Demonstration

Program, extended the program through 1996 and made other changes in

the program. However, pursuant to Pub. Law 98-577 and FAR 1.501, public

comment received in response to this interim rule will be considered in

formulating the final rule.

List of Subjects in 48 CFR Part 19

Government procurement.

Dated: December 7, 1994.

Albert A. Vicchiolla,

Director, Office of Federal Acquisition Policy.

Therefore, 48 CFR part 19 is amended as set forth below:

PART 19--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

1. The authority citation for 48 CFR part 19 continues to read as

follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C. chapter 137; and 42

U.S.C. 2473(c).

2. Section 19.1001 is amended by revising the introductory

paragraph and paragraph (b) to read as follows:

19.1001 General.

The Small Business Competitiveness Demonstration Program was

established by Title VII of the ``Business Opportunity Development

Reform Act of 1988'', Pub. L. 100-656, as amended by Title II of Pub.

L. 102-366 and implemented by an OFPP Policy Directive and Test Plan,

dated August 31, 1989, as amended on April 16, 1993. The program will

be conducted over the period from January 1, 1989, through September

30, 1996. Pursuant to Section 713(a) of Pub. L. 100-656, the

requirements of the FAR that are inconsistent with the program

procedures are waived. The program consists of two major components--

* * * * *

(b) A test of enhanced small business participation in 10 agency

targeted industry categories.

3. Section 19.1005 is amended by revising paragraph (a)(3) to read

as follows:

19.1005 Applicability.

(a) * * *

(3) Architectural and engineering services (including surveying and

mapping) under SIC codes 7389, 8711, 8712, or 8713, which are awarded

under the qualification-based selection procedures required by 40

U.S.C. 541 et seq. (see subpart 36.6) (limited to FPDS service codes

C111 through C216, C219, T002, T004, T008, T009, T014, and R404).

* * * * *

4. Section 19.1006 is amended by revising paragraph (b)(2) to read

as follows:

19.1006 Procedures.

* * * * *

(b) * * *

(2) Agencies may reinstate the use of small business set-asides as

necessary to meet their assigned goals, but only within organizational

unit(s) that failed to meet the small business participation goal.

* * * * *

[FR Doc. 94-30656 Filed 12-27-94; 8:45 am]

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