[Federal Register: June 28, 2006 (Volume 71, Number 124)]
[Rules and Regulations]
[Page 36925-36927]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr28jn06-17]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 10 and 19
[FAC 2005-10; FAR Case 2006-003; Item II; Docket 2006-0020, Sequence
12]
Federal Acquisition Regulation; FAR Case 2006-003, Procedures
Related to Procurement Center Representatives
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 provide internal
procedures to cover situations when the FAR requires interaction with a
procurement center representative and one has not been assigned to the
procuring activity or contract administration office.
DATES: Effective Date: July 28, 2006.
FOR FURTHER INFORMATION CONTACT: For clarification of content, contact
Ms. Rhonda Cundiff, Procurement Analyst, at (202) 501-0044. Please cite
FAC 2005-10, FAR case 2006-003. For information pertaining to status or
publication schedules, contact the FAR Secretariat at (202) 501-4755.
SUPPLEMENTARY INFORMATION:
A. Background
This final rule amends the Federal Acquisition Regulation to
provide internal procedures to cover situations when the FAR requires
interaction with a Small Business Administration procurement center
representative and one has not been assigned to the procuring activity
or contract administration office.
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 does not apply to this rule. 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 10 and 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 2005-10,
FAR case 2006-003), 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 10 and 19
Government procurement.
Dated: June 20, 2006.
Ralph De Stefano,
Director, Contract Policy Division.
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Therefore, DoD, GSA, and NASA amend 48 CFR parts 10 and 19 as set forth
below:
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1. The authority citation for 48 CFR parts 10 and 19 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 10--MARKET RESEARCH
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2. Amend section 10.001 by revising paragraph (c)(1) to read as
follows:
10.001 Policy.
* * * * *
(c) * * *
(1) When performing market research, should consult with the local
Small Business Administration procurement center representative (PCR).
If a PCR is not assigned, see 19.402 (a); and
* * * * *
PART 19--SMALL BUSINESS PROGRAMS
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3. Amend section 19.201 by revising the introductory text of paragraph
(d)(5) to read as follows:
19.201 General Policy.
* * * * *
(d) * * *
(5) Work with the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) to--
* * * * *
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4. Amend section 19.202-1 by revising the introductory text of
paragraph (e)(1) and paragraph (e)(4) to read as follows:
19.202-1 Encouraging small business participation in acquisitions.
* * * * *
(e)(1) Provide a copy of the proposed acquisition package to the
SBA procurement center representative (or, if a procurement center
representative is not assigned, see 19.402(a)) at least 30 days prior
to the issuance of the solicitation if--
* * * * *
(4) If the contracting officer rejects the SBA representative's
recommendation made in accordance with 19.402(c)(2), the contracting
officer shall document the basis for the rejection and notify the SBA
representative in accordance with 19.505.
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5. Amend section 19.202-2 by revising the last sentence in paragraph
(a) to read as follows:
19.202-2 Locating small business sources.
* * * * *
(a) * * * This effort should include contacting the SBA procurement
center representative (or, if a procurement center representative is
not assigned, see 19.402(a)).
* * * * *
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6. Amend section 19.402 by redesignating paragraph (a) as (a)(1);
adding a new paragraph (a)(2); revising paragraph (b); and revising the
second
[[Page 36926]]
sentence of paragraph (c)(2) to read as follows:
19.402 Small Business Administration procurement center
representatives.
(a) * * *
(2) If a SBA procurement center representative is not assigned to
the procuring activity or contract administration office, contact the
SBA Office of Government Contracting Area Office serving the area in
which the procuring activity is located for assistance in carrying out
SBA policies and programs. See http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.sba.gov/GC/pcr.html for the
location of the SBA office servicing the activity.
(b) Upon their request and subject to applicable acquisition and
security regulations, contracting officers shall give SBA procurement
center representatives (or, if a procurement center representative is
not assigned, see paragraph (a) of this section) access to all
reasonably obtainable contract information that is directly pertinent
to their official duties.
(c) * * *
(2) * * * If the SBA procurement center representative (or, if a
procurement center representative is not assigned, see paragraph (a) of
this section) believes that the acquisition, as proposed, makes it
unlikely that small businesses can compete for the prime contract, the
representative shall recommend any alternate contracting method that
the representative reasonably believes will increase small business
prime contracting opportunities. * * *
* * * * *
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7. Amend section 19.501 by revising the last sentence in paragraph (b)
and paragraph (f) to read as follows:
19.501 General.
* * * * *
(b) * * * A joint determination is one that is recommended by the
Small Business Administration (SBA) procurement center representative
(or, if a procurement center representative is not assigned, see
19.402(a)) and concurred in by the contracting officer.
* * * * *
(f) At the request of an SBA procurement center representative,
(or, if a procurement center representative is not assigned, see
19.402(a)) the contracting officer shall make available for review at
the contracting office (to the extent of the SBA representative's
security clearance) all proposed acquisitions in excess of the micro-
purchase threshold that have not been unilaterally set aside for small
business.
* * * * *
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8. Amend section 19.503 by revising the last sentence in paragraph (d)
to read as follows:
19.503 Setting aside a class of acquisitions for small business.
* * * * *
(d) * * * If there are any changes of such a material nature as to
result in probable payment of more than a fair market price by the
Government or in a change in the capability of small business concerns
to satisfy the requirements, the contracting officer may withdraw or
modify (see 19.506(a)) the unilateral or joint set-aside by giving
written notice to the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a))
stating the reasons.
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9. Amend section 19.505 by revising paragraphs (a), (b), and (c)(1) to
read as follows:
19.505 Rejecting Small Business Administration recommendations.
(a) If the contracting officer rejects a recommendation of the SBA
procurement center representative (or, if a procurement center
representative is not assigned, see 19.402(a)) or breakout procurement
center representative, written notice shall be furnished to the
appropriate SBA representative within 5 working days of the contracting
officer's receipt of the recommendation.
(b) The SBA procurement center representative (or, if a procurement
center representative is not assigned, see 19.402(a)) may appeal the
contracting officer's rejection to the head of the contracting activity
(or designee) within 2 working days after receiving the notice. The
head of the contracting activity (or designee) shall render a decision
in writing, and provide it to the SBA representative within 7 working
days. Pending issuance of a decision to the SBA representative, the
contracting officer shall suspend action on the acquisition.
(c) * * *
(1) Within 2 working days, the SBA procurement center
representative (or, if a procurement center representative is not
assigned, see 19.402(a)) may request the contracting officer to suspend
action on the acquisition until the SBA Administrator appeals to the
agency head (see paragraph (f) of this section); and
* * * * *
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10. Amend section 19.506 by revising the second sentence in paragraph
(a) and paragraph (b) to read as follows:
19.506 Withdrawing or modifying small business set-asides.
(a) * * * The contracting officer shall initiate a withdrawal of an
individual small business set-aside by giving written notice to the
agency small business specialist and the SBA procurement center
representative (or, if a procurement center representative is not
assigned, see 19.402(a)) stating the reasons. * * *
(b) If the agency small business specialist does not agree to a
withdrawal or modification, the case shall be promptly referred to the
SBA representative (or, if a procurement center representative is not
assigned, see 19.402(a)) for review.
* * * * *
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11. Revise section 19.705-3 to read as follows:
19.705-3 Preparing the solicitation.
The contracting officer shall provide the Small Business
Administration's (SBA's) procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) a
reasonable period of time to review any solicitation requiring
submission of a subcontracting plan and to submit advisory findings
before the solicitation is issued.
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12. Amend section 19.705-4 by revising paragraph (d)(7) to read as
follows:
19.705-4 Reviewing the subcontracting plan.
* * * * *
(d) * * *
(7) Obtain advice and recommendations from the SBA procurement
center representative (or, if a procurement center representative is
not assigned, see 19.402(a)) and the agency small business specialist.
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13. Amend section 19.705-5 by revising the first sentence in paragraph
(a)(3) to read as follows:
19.705-5 Awards involving subcontracting plans.
(a) * * *
(3) Notify the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) of
the opportunity to review the proposed contract (including the plan and
supporting documentation). * * *
* * * * *
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14. Amend section 19.705-6 by revising the introductory text of
paragraph (c) and paragraph (d) to read as follows:
19.705-6 Postaward responsibilities of the contracting officer.
* * * * *
[[Page 36927]]
(c) Giving to the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) a
copy of--
* * * * *
(d) Notifying the SBA procurement center representative (or, if a
procurement center representative is not assigned, see 19.402(a)) of
the opportunity to review subcontracting plans in connection with
contract modifications.
* * * * *
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15. Amend section 19.1305 by revising the second sentence of paragraph
(e) to read as follows:
19.1305 HUBZone set-aside procedures.
* * * * *
(e) * * * When the SBA intends to appeal a contracting officer's
decision to reject a recommendation of the SBA procurement center
representative (or, if a procurement center representative is not
assigned, see 19.402(a)) to set aside an acquisition for competition
restricted to HUBZone small business concerns, the SBA procurement
center representative shall notify the contracting officer, in writing,
of its intent within 5 working days of receiving the contracting
officer's notice of rejection. * * *
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16. Amend section 19.1405 by revising the second sentence of paragraph
(d) to read as follows:
19.1405 Service-disabled veteran-owned small business set-aside
procedures.
* * * * *
(d) * * * When the SBA intends to appeal a contracting officer's
decision to reject a recommendation of the SBA procurement center
representative (or, if a procurement center representative is not
assigned, see 19.402(a)) to set aside an acquisition for competition
restricted to service-disabled veteran-owned small business concerns,
the SBA procurement center representative shall notify the contracting
officer, in writing, of its intent within 5 working days of receiving
the contracting officer's notice of rejection. * * *
[FR Doc. 06-5709 Filed 6-27-06; 8:45 am]
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