[Federal Register: March 20, 2002 (Volume 67, Number 54)]
[Rules and Regulations]
[Page 13065-13066]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20mr02-27]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 12, 19, and 52
[FAC 2001-06; FAR Case 2001-003; Item VI]
RIN 9000-AJ32
Federal Acquisition Regulation; HUBZone Program Applicability
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
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SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on a final rule
that amends the Federal Acquisition Regulation (FAR) to simplify
current FAR language that expands the applicability of the HUBZone
Program to all agencies covered by the FAR after September 30, 2000.
DATES: Effective Date: April 4, 2002.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, Room 4035, GS
Building, Washington, DC 20405, (202) 501-4755, for information
pertaining to status or publication schedules. For clarification of
content, contact Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-
0044. Please cite FAC 2001-06, FAR case 2001-003.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends and simplifies language at FAR Parts 12, 19,
and 52. Current FAR language expands the applicability of the HUBZone
Program to all agencies covered by the FAR after September 30, 2000.
Initially, procurements under the HUBZone Program applied to a limited
list of Federal agencies. Under Section 602(b) of the HUBZone Act of
1997 (Title VI of Pub. L. 105-135), this initial limited applicability
expired on September 30, 2000.
The purpose of the program is to provide Federal contracting
assistance for qualified small business concerns located in
historically underutilized business zones in an effort to increase
employment opportunities, investment, and economic development in these
areas. The program provides for set-asides, sole-source awards, and
price evaluation preferences for HUBZone small business concerns and
establishes goals for awards to such concerns.
This is not a significant regulatory action, and therefore, was not
subject to review under Section 6(b) of Executive Order 12866,
Regulatory Planning and Review, dated September 30, 1993. This rule is
not a major rule under 5 U.S.C. 804.
B. Regulatory Flexibility Act
This final rule does not constitute a significant FAR revision
within the meaning of FAR 1.501 and Public Law 98-577, and publication
for public comments is not required. However, the Councils will
consider comments from small entities concerning the affected FAR Parts
12, 19, and 52 in accordance with 5 U.S.C. 610. Interested parties must
submit such comments separately and should cite 5 U.S.C. 601, et seq.
(FAC 2001-06, FAR case 2001-003), in correspondence.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the FAR do not impose information collection requirements that require
the approval of the Office of Management and Budget under 44 U.S.C.
3501, et seq.
List of Subjects in 48 CFR Parts 12, 19, and 52
Government procurement.
Dated: March 6, 2002.
Al Matera,
Director, Acquisition Policy Division.
Therefore, DoD, GSA, and NASA amend 48 CFR parts 12, 19, and 52 as
set forth below:
1. The authority citation for 48 CFR parts 12, 19, and 52 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).
PART 12--ACQUISITION OF COMMERCIAL ITEMS
2. Amend section 12.301 by revising the introductory text of
paragraph (b) and (b)(2) to read as follows:
12.301 Solicitation provisions and contract clauses for the
acquisition of commercial items.
* * * * *
(b) Insert the following provisions in solicitations for the
acquisition of commercial items, and clauses in solicitations and
contracts for the acquisition of commercial items:
* * * * *
(2) The provision at 52.212-3, Offeror Representations and
Certifications--Commercial Items. This provision provides a single,
consolidated list of certifications and representations for the
acquisition of commercial items and is attached to the solicitation for
offerors to complete and return with their offer. This provision may
not be tailored except in accordance with Subpart 1.4. Use the
provision with its Alternate I in solicitations issued by DoD, NASA, or
the Coast Guard that are expected to exceed the threshold at 4.601(a).
Use the provision with its Alternate II in solicitations for
acquisitions for which small disadvantaged business procurement
mechanisms are authorized on a regional basis;
* * * * *
[[Page 13066]]
PART 19--SMALL BUSINESS PROGRAMS
19.307 [Amended]
3. Amend section 19.307 by removing paragraph (a)(2); by
redesignating paragraph (a)(3) as (a)(2); in the newly designated
paragraph (a)(2) by removing ``Alternate II'' and adding ``Alternate
I'' in its place; and in paragraph (c) by removing ``and contracts''.
4. Revise section 19.1302 to reads as follows:
19.1302 Applicability.
The procedures in this subpart apply to all Federal agencies that
employ one or more contracting officers.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
5. Amend section 52.212-3 by revising the date of the provision; by
adding paragraph (c)(10); by revising the introductory text of
Alternate I; by redesignating paragraph (c)(10) of Alternate I as
(c)(11); and by removing Alternate III. The revised and added text
reads as follows:
52.212-3 Offeror Representations and Certifications--Commercial Items.
* * * * *
Offeror Representations and Certifications--Commercial Items (Apr 2002)
* * * * *
(c) * * *
(10) HUBZone small business concern. [Complete only if the
offeror represented itself as a small business concern in paragraph
(c)(1) of this provision.] The offeror represents, as part of its
offer, that--
(i) It [ ] is, [ ] is not a HUBZone small business concern
listed, on the date of this representation, on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business
Administration, and no material change in ownership and control,
principal place of ownership, or HUBZone employee percentage has
occurred since it was certified by the Small Business Administration
in accordance with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with
the requirements of 13 CFR part 126, and the representation in
paragraph (c)(10)(i) of this provision is accurate for the HUBZone
small business concern or concerns that are participating on the
joint venture. [The offeror shall enter the name or names of the
HUBZone small business concern or concerns that are participating in
the joint venture:____________.] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed
copy of the HUBZone representation.
* * * * *
Alternate I (Apr 2002). As prescribed in 12.301(b)(2), add the
following paragraph (c)(11) to the basic provision:
* * * * *
6. Amend section 52.219-1 by revising the date of the provision; by
adding paragraph (b)(6); by removing Alternate I and redesignating
Alternate II as Alternate I; and by revising the introductory text of
the newly designated Alternate I to read as follows:
52.219-1 Small Business Program Representations.
* * * * *
Small Business Program Representations (Apr 2002)
* * * * *
(b) * * *
(6) [Complete only if the offeror represented itself as a small
business concern in paragraph (b)(1) of this provision.] The offeror
represents, as part of its offer, that--
(i) It [ ] is, [ ] is not a HUBZone small business concern
listed, on the date of this representation, on the List of Qualified
HUBZone Small Business Concerns maintained by the Small Business
Administration, and no material change in ownership and control,
principal office, or HUBZone employee percentage has occurred since
it was certified by the Small Business Administration in accordance
with 13 CFR part 126; and
(ii) It [ ] is, [ ] is not a joint venture that complies with
the requirements of 13 CFR part 126, and the representation in
paragraph (b)(6)(i) of this provision is accurate for the HUBZone
small business concern or concerns that are participating in the
joint venture. [The offeror shall enter the name or names of the
HUBZone small business concern or concerns that are participating in
the joint venture:____________.] Each HUBZone small business concern
participating in the joint venture shall submit a separate signed
copy of the HUBZone representation.
* * * * *
Alternate I (Apr 2002). As prescribed in 19.307(a)(2), add the
following paragraph (b)(7) to the basic provision:
* * * * *
[FR Doc. 02-5825 Filed 3-19-02; 8:45 am]
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