[Federal Register: September 30, 2005 (Volume 70, Number 189)]
[Rules and Regulations]
[Page 57462-57463]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30se05-45]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 19 and 52
[FAC 2005-06; FAR Case 2005-002; Item VIII]
RIN 9000-AK28
Federal Acquisition Regulation; Expiration of the Price
Evaluation Adjustment
AGENCIES: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Interim rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: The Civilian Agency Acquisition Council and the Defense
Acquisition Regulations Council (Councils) have agreed on an interim
rule amending the Federal Acquisition Regulation (FAR) to cancel for
civilian agencies (except National Aeronautics and Space Administration
(NASA) and Coast Guard) the Small Disadvantaged Business (SDB) price
evaluation adjustment which was originally authorized under the Federal
Acquisition Streamlining Act of 1994 (Public Law 103-355, Sec. 7102).
Civilian agencies (except NASA and Coast Guard) are not authorized to
apply the price evaluation adjustment to their acquisitions.
DATES: Effective Date: September 30, 2005.
Comment Date: Interested parties should submit written comments to
the FAR Secretariat on or before November 29, 2005, to be considered in
the formulation of a final rule.
ADDRESSES: Submit comments identified by FAC 2005-06, FAR case 2005-
002, by any of the following methods:
Federal eRulemaking Portal: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.regulations.gov.
Follow the instructions for submitting comments.
Agency Web Site: http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far/ProposedRules/proposed.htm.
Click on the FAR case number to submit comments. E-mail: farcase.2005-002@gsa.gov. Include FAC 2005-06, FAR
FAR
case 2005-002 in the subject line of the message.
Fax: 202-501-4067.
Mail: General Services Administration, Regulatory
Secretariat (VIR), 1800 F Street, NW, Room 4035, ATTN: Laurieann
Duarte, Washington, DC 20405.
Instructions: Please submit comments only and cite FAC 2005-06, FAR
case 2005-002, in all correspondence related to this case. All comments
received will be posted without change to http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far/ProposedRules/proposed.htm
, including any personal and/or business
confidential information provided.
FOR FURTHER INFORMATION CONTACT: The FAR Secretariat at (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 2005-06, FAR case 2005-002.
SUPPLEMENTARY INFORMATION:
A. Background
The small disadvantaged business price evaluation adjustment for
civilian agencies, originally authorized under the Federal Acquisition
Streamlining Act of 1994 (Public Law 103-355, Sec. 7102) expired. This
provision, as implemented in FAR subpart 19.11, authorized agencies to
apply the price evaluation adjustment to benefit certain small
disadvantaged business concerns in competitive acquisitions. As a
result of its expiration for civilian agencies (except NASA and Coast
Guard), civilian agencies (except NASA and Coast Guard) have no
statutory authority to apply the small disadvantaged business price
evaluation adjustment to their acquisitions.
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
The changes may have a significant economic impact on a substantial
number of small entities within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601 et seq., because certain small
disadvantaged business concerns for specific North American Industry
Classification System (NAICS) codes will no longer benefit from the
price evaluation adjustment in competitive acquisitions. An Initial
Regulatory Flexibility Analysis (IRFA) has been prepared. The analysis
is summarized as follows:
This interim rule amends Federal Acquisition Regulation (FAR)
Subpart 19.11, Price Evaluation Adjustment for Small Disadvantaged
Business Concerns. The small disadvantaged business price evaluation
adjustment for civilian agencies other than National Aeronautics and
Space Administration (NASA) and Coast Guard,
[[Page 57463]]
originally authorized under the Federal Acquisition Streamlining Act
of 1994 (Public Law 103-355, Sec. 7102) expired. This provision, as
implemented in Federal Acquisition Regulation subpart 19.11
authorized agencies to apply the price evaluation adjustment to
benefit certain small disadvantaged business concerns in competitive
acquisitions. This change may have a significant economic impact on
a substantial number of small entities within the meaning of the
Regulatory Flexibility Act, 5 U.S.C. 601 et seq, because civilian
agencies (excluding NASA and Coast Guard) will no longer have the
authority to apply the price evaluation adjustment to benefit
certain small disadvantaged business concerns in competitive
acquisitions. However, the price evaluation adjustment is still
authorized for the Department of Defense, U.S. Coast Guard, and
NASA.
The FAR Secretariat has submitted a copy of the IRFA to the Chief
Counsel for Advocacy of the Small Business Administration. Interested
parties may obtain a copy from the FAR Secretariat. The Councils will
consider comments from small entities concerning the affected FAR Part
19 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 2005-06,
FAR case 2005-002), 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.
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 urgent and compelling reasons exist to promulgate this
interim rule without prior opportunity for public comment. This action
is necessary because the small disadvantaged business price evaluation
adjustment for civilian agencies other than NASA and Coast Guard,
originally authorized under the Federal Acquisition Streamlining Act of
1994 (Public Law 103-355, Sec. 7102) expired. This revision to the FAR
is necessary to ensure that civilian agencies (except Coast Guard and
NASA) are aware that the price evaluation adjustment should not be
applied to their acquisitions. However, pursuant to Public Law 98-577
and FAR 1.501, the Councils will consider public comments received in
response to this interim rule in the formation of the final rule.
List of Subjects in 48 CFR Parts 19 and 52
Government procurement.
Dated: September 22, 2005.
Julia B. Wise,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 19 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 19 and 52 continues to read
as follows:
Authority: Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137;
and 42 U.S.C. 2473(c).
PART 19--SMALL BUSINESS PROGRAMS
0
2. Amend section 19.1102 by redesignating paragraphs (a) and (b) as (b)
and (c), respectively, and adding a new paragraph (a) to read as
follows:
19.1102 Applicability.
(a) This subpart applies to the Department of Defense, National
Aeronautics and Space Administration, and the U.S. Coast Guard.
Civilian agencies do not have the statutory authority (originally
authorized in the Federal Acquisition Streamlining Act of 1994 (Public
Law 103-355, Sec. 7102)) for use of the Small Disadvantaged Business
(SDB) price evaluation adjustment.
* * * * *
0
2. Amend section 19.1103 by revising paragraph (a)(2) to read as
follows:
19.1103 Procedures.
(a)* * *
(2) An otherwise successful offer from a historically black college
or university or minority institution.
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 52.212-5 by revising the date of the clause and
paragraph (b)(10)(i) of the clause to read as follows:
52.212-5 Contract Terms and Conditions Required to Implement Statutes
or Executive Orders--Commercial Items.
* * * * *
CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT STATUTES OR
EXECUTIVE ORDERS--COMMERCIAL ITEMS (SEP 2005)
* * * * *
(b)* * *
(10)(i) 52.219-23, Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns (SEP 2005) (10 U.S.C. 2323) (if the
offeror elects to waive the adjustment, it shall so indicate in its
offer).
* * * * *
0
4. Amend section 52.219-23 by revising the date of the clause and
paragraph (b)(1)(ii) of the clause to read as follows:
52.219-23 Notice of Price Evaluation Adjustment for Small
Disadvantaged Business Concerns.
* * * * *
NOTICE OF PRICE EVALUATION ADJUSTMENT FOR SMALL DISADVANTAGED
BUSINESS CONCERNS (SEP 2005)
* * * * *
(b) Evaluation adjustment. (1)* * *
(ii) An otherwise successful offer from a historically black
college or university or minority institution.
* * * * *
[FR Doc. 05-19475 Filed 9-29-05; 8:45 am]
BILLING CODE 6820-EP-S