[Federal Register: November 2, 2011 (Volume 76, Number 212)]
[Rules and Regulations]               
[Page 68026-68027]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Parts 2, 19, and 52

[FAC 2005-54; FAR Case 2009-019; Item III; Docket 2010-0108; Sequence 
RIN 9000-AL77

Federal Acquisition Regulation; Small Disadvantaged Business 

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

ACTION: Final rule.


SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an 
interim rule amending the Federal Acquisition Regulation (FAR) to 
incorporate changes made by the Small Business Administration (SBA) to 
its small disadvantaged business (SDB) program.

DATES: Effective Date: November 2, 2011.

FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement 
Analyst, at (202) 501-2364, for clarification of content. For 
information pertaining to status or publication schedules, contact the 
Regulatory Secretariat at (202) 501-4755. Please cite FAC 2005-54, FAR 
Case 2009-019.


I. Background

    DoD, GSA, and NASA published an interim rule in the Federal 
Register at 75 FR 77737 on December 13, 2010, to implement in the FAR 
revisions made by the SBA regarding certification of Federal 
subcontractors. The FAR revisions, as identified in the interim rule, 
allow for small disadvantaged businesses (SDBs) to self-represent their 
SDB status to prime contractors in good faith when seeking Federal 
subcontracting opportunities.
    Previously under the FAR, Federal prime contractors were required 
to confirm that subcontractors representing themselves as small 
disadvantaged businesses were certified by the SBA as SDB firms. DoD, 
GSA, and NASA received no comments in response to the interim rule.

II. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess 
all costs

[[Page 68027]]

and benefits of available regulatory alternatives and, if regulation is 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). E.O. 13563 emphasizes the 
importance of quantifying both costs and benefits, of reducing costs, 
of harmonizing rules, and of promoting flexibility. This is not a 
significant regulatory action and, therefore, was not subject to review 
under section 6(b) of E.O. 12866, Regulatory Planning and Review, dated 
September 30, 1993. This rule is not a major rule under 5 U.S.C. 804.

III. Regulatory Flexibility Act

    The Department of Defense, the General Services Administration, and 
the National Aeronautics and Space Administration certify that this 
final rule will not have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act, 5 U.S.C. 601, et seq., because the FAR change removes 
the requirement for Federal prime contractors to confirm that small 
disadvantaged business subcontractors have obtained SDB certification 
from the SBA. This change will also be beneficial to SDB firms because 
they will no longer have to incur the costs associated with the formal 
certification process.

IV. Paperwork Reduction Act

    The final rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).

List of Subjects in 48 CFR Parts 2, 19, and 52

    Government procurement.

    Dated: October 21, 2011.
Laura Auletta,
Acting Director, Office of Governmentwide Acquisition Policy, Office of 
Acquisition Policy, Office of Governmentwide Policy.

Interim Rule Adopted as Final Without Change

    Accordingly, the interim rule amending 48 CFR parts 2, 19, and 52, 
which was published in the Federal Register at 75 FR 77737 on December 
13, 2010, is adopted as a final rule without change.

[FR Doc. 2011-27782 Filed 11-1-11; 8:45 am]