[Federal Register: April 1, 2011 (Volume 76, Number 63)]
[Rules and Regulations]               
[Page 18324]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]





48 CFR Chapter 1

[Docket FAR 2011-0077, Sequence 3]

Federal Acquisition Regulation; Federal Acquisition Circular 
2005-51; Small Entity Compliance Guide

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

ACTION: Small Entity Compliance Guide.


SUMMARY: This document is issued under the joint authority of DOD, GSA, 
and NASA. This Small Entity Compliance Guide has been prepared in 
accordance with section 212 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. It consists of a summary of rules 
appearing in Federal Acquisition Circular (FAC) 2005-51, which amend 
the Federal Acquisition Regulation (FAR). An asterisk (*) next to a 
rule indicates that a regulatory flexibility analysis has been 
prepared. Interested parties may obtain further information regarding 
these rules by referring to FAC 2005-51, which precedes this document. 
These documents are also available via the Internet at http://

DATES: For effective dates see separate documents, which follow.

FOR FURTHER INFORMATION CONTACT: The analyst whose name appears in the 
table below. Please cite FAC 2005-51 and the specific FAR case number. 
For information pertaining to status or publication schedules, contact 
the Regulatory Secretariat at (202) 501-4755.

                                          List of Rules in FAC 2005-51
                 Item                            Subject              FAR case                Analyst
*I....................................  Women-Owned Small                2010-015  Morgan.
                                         Business Program
                                         (Interim) (WOSB).
II....................................  Clarification of Standard        2009-029  Jackson.
                                         Form 26--Award/Contract.

SUPPLEMENTARY INFORMATION: Summaries for each FAR rule follow. For the 
actual revisions and/or amendments made by these FAR cases, refer to 
the specific item numbers and subject set forth in the documents 
following these item summaries. FAC 2005-51 amends the FAR as specified 

Item I--Women-Owned Small Business (WOSB) Program (FAR Case 2010-015) 

    This interim rule amends the FAR to add subpart 19.15, Women-Owned 
Small Business Program, which will assist Federal agencies in achieving 
the 5 percent statutory goal for contracting with women-owned small 
business (WOSB) concerns.
    Agencies may restrict competition to economically disadvantaged 
women-owned small business (EDWOSB) concerns for contracts assigned a 
North American Industry Classification Systems (NAICS) code in an 
industry in which the Small Business Administration has determined that 
WOSB concerns are underrepresented in Federal procurement. For NAICS 
code industries where WOSB concerns are not just underrepresented, but 
substantially underrepresented, agencies may restrict competition to 
WOSB concerns eligible under the WOSB Program.
    EDWOSB concerns and WOSB concerns eligible under the WOSB Program 
must be owned and controlled by one or more women who are citizens of 
the United States. An EDWOSB concern is automatically a WOSB concern 
eligible under the WOSB Program.

Item II--Clarification of Standard Form 26--Award/Contract (FAR Case 

    This final rule amends the FAR to revise FAR part 53 to amend the 
Standard Form (SF) 26, Award/Contract, above blocks 17 and 18 and in 
block 18 to clarify that block 18 should not be used when awarding a 
negotiated procurement and should only be checked when awarding a 
sealed bid contract. The changes will not prevent contracting officers 
from using block 17 of the SF 26 when awarding negotiated procurements 
in which the signature of both parties, on a single document, is 
required; it will only prohibit them from using block 18 of the SF 26 
when awarding negotiated procurements.

    Dated: March 24, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
[FR Doc. 2011-7370 Filed 3-31-11; 8:45 am]