[Federal Register: January 3, 2006 (Volume 71, Number 1)]
[Rules and Regulations]
[Page 220-221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03ja06-16]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 5, 12, 19, and 52
[FAC 2005-07; FAR Case 2005-013; Item V]
RIN 9000-AK36
Federal Acquisition Regulation; Deletion of the Very Small
Business Pilot Program
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
amending the Federal Acquisition Regulation (FAR) to delete the Very
Small Business Pilot Program. Under the pilot program, contracting
officers were required to set-aside for very small business concerns
certain acquisitions with an anticipated dollar value between $2,500
and $50,000. The Councils removed the FAR provisions because the
legislative authority for the program terminated on September 30, 2003.
DATES: Effective Date: January 3, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-0044. Please cite
FAC 2005-07, FAR case 2005-013. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
The Very Small Business Pilot Program was established by Section
304 of the Small Business Administration Reauthorization and Amendments
Act of 1994 (Public Law 103-403). Very small business concern means a
small business concern whose headquarters is located within the
geographic area served by a designated SBA district and which, together
with its affiliates, has no more than 15 employees and has average
annual receipts that do not exceed $1 million. The purpose of the
program was to improve access to Government contract opportunities for
concerns that were substantially below the Small Business
Administration's size standards by reserving certain acquisitions for
competition among such concerns. The Councils are removing the FAR
provisions because the legislative authority for the program terminated
on September 30, 2003.
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 Regulatory Flexibility Act, 5 U.S.C. 601, et seq., applies to
this final rule. The Councils prepared a Final Regulatory Flexibility
Analysis (FRFA), and it is summarized as follows:
The Very Small Business Pilot Program was established by section
304 of Public Law 103-403, codified as a Note to the Small Business
Act, ``15 USC 644 Note'' and was extended by Section 503 of Public
Law 106-554 until September 30, 2003. The program has expired.
Therefore, the Federal Acquisition Regulation is amended to reserve
Subpart 19.9, Very Small Business Pilot Program, and delete other
references to the program throughout the FAR. The changes will have
an economic impact on a small number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601 et seq.,
because the law required contracting officers to set-aside for very
small business concerns acquisitions with an anticipated dollar
value exceeding $2,500 but not greater than $50,000 if the
contracting office is located within the geographical area served by
a designated SBA district (for supplies), or in the case of an
acquisition for services, the contract will be performed within the
geographical area served by a designated SBA district; and there is
a reasonable expectation of obtaining offers from two or more
responsible very small business concerns in the designated areas.
Interested parties may obtain a copy of the FRFA from the FAR
Secretariat. The FAR Secretariat has submitted a copy of the FRFA to
the Chief Counsel for Advocacy of the Small Business Administration.
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 5, 12, 19, and 52
Government procurement.
Dated: December 22, 2005.
Gerald Zaffos,
Director, Contract Policy Division.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 5, 12, 19, and 52 as
set forth below:
0
1. The authority citation for 48 CFR parts 5, 12, 19, and 52 continues
to read as follows:
Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42
U.S.C. 2473(c).
PART 5--PUBLICIZING CONTRACT ACTIONS
5.207 [Amended]
0
2. Amend section 5.207 by removing paragraph (c)(18) and redesignating
paragraph (c)(19) as (c)(18); and by removing from paragraph (d) ``very
small business set-aside,''.
PART 12--ACQUISITION OF COMMERCIAL ITEMS
12.303 [Amended]
0
3. Amend section 12.303 by removing from paragraph (b)(1) ``, or set-
aside for very small business concerns''.
PART 19--SMALL BUSINESS PROGRAMS
19.000 [Amended]
0
4. Amend section 19.000 by removing from paragraph (a)(10) ``The Very
Small
[[Page 221]]
Business Pilot Program;'' and adding ``[Reserved]'' in its place.
19.001 [Amended]
0
5. Amend section 19.001 by removing the definition ``Very small
business concern''.
19.102 [Amended]
0
6. Amend section 19.102 by removing paragraph (g) and redesignating
paragraph (h) as paragraph (g).
19.502-2 [Amended]
0
7. Amend section 19.502-2 by removing from the first sentence of
paragraph (a) ``Except for those acquisitions set aside for very small
business concerns (see Subpart 19.9), each'' and adding ``Each'' in its
place.
Subpart 19.9--[Removed]
0
8. Subpart 19.9 is removed and reserved.
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
9. Amend section 52.212-5 by revising the date of the clause and
paragraph (b)(4) 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 (JAN 2006)
* * * * *
(b) * * *
(4) [Removed]
* * * * *
52.219-5 [Removed]
0
10. Section 52.219-5 is removed and reserved.
[FR Doc. 05-24550 Filed 12-30-05; 8:45 am]
BILLING CODE 6820-EP-S