[Federal Register: September 29, 2010 (Volume 75, Number 188)]
[Rules and Regulations]               
[Page 60263-60264]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Part 19

[FAC 2005-46; FAR Case 2009-020; Item V; Docket 2010-0103, Sequence 1]
RIN 9000-AL68

Federal Acquisition Regulation; Offering a Construction 
Requirement--8(a) Program

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

ACTION: Final rule.


SUMMARY: The Civilian Agency Acquisition Council and the Defense 
Acquisition Regulations Council (Councils) are issuing a final rule 
amending the Federal Acquisition Regulation (FAR) to revise FAR subpart 
19.8, Contracting with the Small Business Administration (The 8(a) 
Program), to conform to the Small Business Administration (SBA) 
regulations. The FAR Council did not publish this rule for comment 
because this change will not have a significant effect beyond the 
internal operating procedures of the Government and will not have a 
significant effect on contractors or offerors. Furthermore, this 
requirement has existed in the Small Business Administration 
Regulations since January 1, 2009, and the FAR is being updated to 
conform to these regulations. This revision changes the location for 
submitting offering letters to SBA for a construction requirement for 
which a specific offeror is nominated and impacts internal procedures 
that the contracting officer is now required to follow.

DATES: Effective Date: October 29, 2010

FOR FURTHER INFORMATION CONTACT: For clarification of content, contact 
Mr. Karlos Morgan, Procurement Analyst, at (202) 501-2364. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-46, FAR 
case 2009-020.


A. Background

    This final rule amends the FAR to revise FAR 19.804-2(b) to conform 
to the SBA regulation 13 CFR 124.502(b)(3). The current FAR requires 
sole source offerings for construction

[[Page 60264]]

requirements be submitted to the SBA District Office for the 
geographical area where the work is to be performed. However, the SBA 
regulation requires the offering letters for sole source requirements 
offered on behalf of a specific participant be submitted to the SBA 
district office servicing that concern.
    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 1.501-3(a) and 41 U.S.C. 418b, and publication for 
public comments is not required.
    The Councils will consider comments from small entities concerning 
the existing regulations in the part affected by this rule in 
accordance with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAC 2005-46, FAR Case 
2009-020) in all 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. 
chapter 35, et seq.

List of Subjects in 48 CFR Part 19

    Government procurement.

    Dated: September 21, 2010.
Edward Loeb,
Director, Acquisition Policy Division.

Therefore, DoD, GSA, and NASA amend 48 CFR part 19 as set forth below:


1. The authority citation for 48 CFR part 19 continues to read as 

    Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 
U.S.C. 2473(c).

2. Amend section 19.804-2 by--
a. Revising paragraph (b)(1); and
b. Redesignating paragraph (b)(2) as paragraph (b)(3); and adding a new 
paragraph (b)(2).
The revised and added text reads as follows:

19.804-2  Agency offering.

* * * * *
    (b)(1) An agency offering a construction requirement for which no 
specific offeror is nominated should submit it to the SBA District 
Office for the geographical area where the work is to be performed.
    (2) An agency offering a construction requirement on behalf of a 
specific offeror should submit it to the SBA District Office servicing 
that concern.
* * * * *
[FR Doc. 2010-24163 Filed 9-28-10; 8:45 am]