[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Rules and Regulations]
[Page 53992-53993]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se08-20]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2 and 52
[FAC 2005-27; FAR Case 2007-020; Item I; Docket 2008-0001; Sequence 15]
RIN 9000-AL06
Federal Acquisition Regulation; FAR Case 2007-020, Correcting
Statutory References Related to the Higher Education Act of 1965
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 correct references
to sections of the Higher Education Act of 1965 at FAR 2.101 and 52.2.
These sections of the Act contain the definitions of minority
institution and Hispanic-serving institution. The citations for these
sections changed when the Higher Education Act of 1965 was amended by
the Higher Education Amendments of 1998. This final rule updates the
FAR accordingly.
DATES: Effective Date: October 17, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Rhonda Cundiff, Procurement
Analyst, at (202) 501-0044, for clarification of content. For
information pertaining to status or publication schedules, contact the
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR
case 2007-020.
SUPPLEMENTARY INFORMATION:
A. Background
The definition of ``minority institution'' had been found in
section 1046 of the Higher Education Act of 1965 (HEA) and at 20 U.S.C.
1135d-5(3). The Higher Education Amendments of 1998 redesignated
section 1046 of the HEA as section 365.
The Hispanic-serving Institution Program was authorized in section
316 of Title III of the HEA, as amended by 1992 amendments. In the
Higher Education Amendments of 1998, Pub. L. 105-244, the Hispanic-
serving institution Program was moved into Title V of the HEA and
reenacted, in that title, with all the relevant provisions that
governed that program while it was part of Title III of the HEA. This
final rule reflects these changes.
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 Pub. L. 98-577, and publication for public
comments is not required. However, the Councils will consider comments
from small entities concerning the affected FAR Parts 2 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 2005-27,
FAR case 2007-020, 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 2 and 52
Government procurement.
Dated: September 9, 2008.
Al Matera,
Director, Office of Acquisition Policy.
0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2 and 52 as set forth
below:
0
1. The authority citation for 48 CFR parts 2 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 2--DEFINITIONS OF WORDS AND TERMS
0
2. Amend section 2.101 in paragraph (b)(2) by revising the definition
``Minority Institution'' to read as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Minority Institution means an institution of higher education
meeting the requirements of Section 365(3) of the Higher Education Act
of 1965 (20 U.S.C. 1067k), including a Hispanic-serving institution of
higher education, as defined in Section 502(a) of the Act (20 U.S.C.
1101a).
* * * * *
PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
0
3. Amend section 52.212-5 by revising the date of the clause and
paragraph (b)(11)(i) 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--COMMERCIALS ITEMS (OCT 2008)
* * * * *
(b) * * *
---- (11)(i) 52.219-23, Notice of Price Evaluation Adjustment
for Small Disadvantaged Business Concerns (OCT 2008) (10 U.S.C.
2323)(if the offeror elects to waive the adjustment, it shall so
indicate in its offer.)
* * * * *
[[Page 53993]]
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4. Amend section 52.219-23 by revising the date of the clause and in
paragraph (a) the definition ``Minority institution'' 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 (OCT 2008)
(a) * * *
Minority institution means an institution of higher education
meeting the requirements of Section 365(3) of the Higher Education
Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving
institution of higher education, as defined in Section 502(a) of the
Act (20 U.S.C. 1101a).
* * * * *
0
5. Amend section 52.226-2 by revising the date of the provision and in
paragraph (a) the definition ``Minority institution'' to read as
follows:
52.226-2 Historically Black College or University and Minority
Institution Representation.
* * * * *
HISTORICALLY BLACK COLLEGE OR UNIVERSITY AND MINORITY INSTITUTION
REPRESENTATION (OCT 2008)
(a) * * *
Minority institution means an institution of higher education
meeting the requirements of Section 365(3) of the Higher Education
Act of 1965 (20 U.S.C. 1067k), including a Hispanic-serving
institution of higher education, as defined in Section 502(a) of the
Act (20 U.S.C. 1101a).
* * * * *
[FR Doc. E8-21384 Filed 9-16-08; 8:45 am]
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