[Federal Register: March 23, 2005 (Volume 70, Number 55)]
[Rules and Regulations]               
[Page 14949-14950]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]

[[Page 14949]]


Part V

Department of Defense

General Services Administration

National Aeronautics and Space Administration


48 CFR Parts 4, 5, et al.

Federal Acquisition Circular 2005-02; Federal Acquisition Regulations; 
Procurement Program for Service-Disabled Veteran-Owned Small Business 
Concerns; Small Entity Compliance Guide; Final Rules

[[Page 14950]]





48 CFR Chapter 1

Federal Acquisition Circular 2005-02; Introduction

AGENCIES: Department of Defense (DoD), General Services Administration 
(GSA), and National Aeronautics and Space Administration (NASA).

ACTION: Summary presentation of final rule.


SUMMARY: This document summarizes the Federal Acquisition Regulation 
(FAR) rule agreed to by the Civilian Agency Acquisition Council in this 
Federal Acquisition Circular (FAC) 2005-02. A companion document, the 
Small Entity Compliance Guide (SECG), follows this FAC. The FAC, 
including the SECG, is available via the Internet at http://frwebgate.access.gpo.gov/cgi-bin/leaving.cgi?from=leavingFR.html&log=linklog&to=http://www.acqnet.gov/far

DATES: For effective date, see separate document which follows.

FOR FURTHER INFORMATION CONTACT: The FAR Secretariat, at (202) 501-
4755, for information pertaining to status or publication schedules. 
For clarification of content, contact the analyst whose name appears in 
the table below in relation to the FAR case. Please cite FAC 2005-02, 
FAR case 2004-002. Interested parties may also visit our Web site at 

                 Item                                Subject                 FAR case             Analyst
I.....................................  Procurement Program for Service-        2004-002  Cundiff.
                                         Disabled Veteran-Owned Small
                                         Business Concerns.

SUPPLEMENTARY INFORMATION: A summary of the FAR rule follows. For the 
actual revisions and/or amendments to this FAR case, refer to the 
specific item number and subject set forth in the document following 
this item summary.
    FAC 2005-02 amends the FAR as specified below:

Procurement Program for Service-Disabled Veteran-Owned Small Business 
Concerns (FAR Case 2004-002)

    This final rule provides for set-aside and sole source procurement 
authority for service-disabled veteran-owned small business (SDVOSB) 
concerns. It amends the Federal Acquisition Regulation (FAR) interim 
rule that was published in the Federal Register at 69 FR 25274, May 5, 
2004, to implement Section 308 of the Veterans Benefits Act of 2003, 
Procurement Program for Small Business Concerns Owned and Controlled by 
Service-Disabled Veterans (Pub. L. 108-183). The interim rule provided 
that contracting officers may: (1) Award contracts on the basis of 
competition restricted to service-disabled veteran-owned small 
businesses (SDVOSB) if there is a reasonable expectation that two or 
more SDVOSB concerns will submit offers and that the award can be made 
at a fair market price, or (2) award a sole source contract to a 
responsible SDVOSB concern when there is not a reasonable expectation 
that two or more SDVOSB concerns would offer, the anticipated contract 
price (including options) will not exceed $5 million (for 
manufacturing) or $3 million otherwise, and the contract award can be 
made at a fair and reasonable price. This final rule is published in 
conjunction with two rules published by the Small Business 
Administration (SBA).

    Dated: March 16, 2005.
Rodney P. Lantier,
Director, Contract Policy Division.

Federal Acquisition Circular

    Federal Acquisition Circular (FAC) 2005-02 is issued under the 
authority of the Secretary of Defense, the Administrator of General 
Services, and the Administrator for the National Aeronautics and Space 
    Unless otherwise specified, all Federal Acquisition Regulation 
(FAR) and other directive material contained in FAC 2005-02 is 
effective March 23, 2005.

    Dated: March 16, 2005.
Deidre A. Lee,
Director, Defense Procurement and Acquisition Policy.
    Dated: March 16, 2005.
Patricia A. Brooks,
Acting Senior Procurement Executive, Office of the Chief Acquisition 
Officer, General Services Administration.
    Dated: March 15, 2005.
Tom Luedtke,
Deputy Chief Acquisition Officer, National Aeronautics and Space 
[FR Doc. 05-5655 Filed 3-22-05; 8:45 am]