[Federal Register: September 17, 2008 (Volume 73, Number 181)]
[Rules and Regulations]
[Page 53993-53994]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr17se08-21]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Parts 2 and 19
[FAC 2005-27; FAR Case 2008-001; Item II; Docket 2008-001; Sequence 12]
RIN 9000-AL04
Federal Acquisition Regulation; FAR Case 2008-001, Changing the
Name of the Office of Small and Disadvantaged Business Utilization for
DoD
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 change the name of
the ``Office of Small and Disadvantaged Business Utilization'' to the
``Office of Small Business Programs'' for the Department of Defense.
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
FAR Secretariat at (202) 501-4755. Please cite FAC 2005-27, FAR case
2008-001.
SUPPLEMENTARY INFORMATION:
A. Background
Section 904 of the National Defense Authorization Act for Fiscal
Year 2006, Public Law 109-163, re-designated the ``Office of Small and
Disadvantaged Business Utilization'' to the ``Office of Small Business
Programs'' for the Department of Defense, and the Departments of the
Army, the Navy, and the Air Force. The office name change, as well as
the change in the title of the director of the office, must be noted in
the FAR. This case amends the FAR to make the necessary 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 Public Law 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 19 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 2008-001), 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 19
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 19 as set forth
below:
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1. The authority citation for 48 CFR parts 2 and 19 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 adding, in alphabetical
order, the definition ``Office of Small and Disadvantaged Business
Utilization'' to read as follows:
2.101 Definitions.
* * * * *
(b) * * *
(2) * * *
Office of Small and Disadvantaged Business Utilization means the
Office of Small Business Programs when referring to the Department of
Defense.
* * * * *
PART 19--SMALL BUSINESS PROGRAMS
0
3. Amend section 19.201 by revising the introductory text of paragraph
(d) and paragraph (d)(1) to read as follows:
19.201 General policy.
* * * * *
(d) The Small Business Act requires each agency with contracting
authority to establish an Office of Small and Disadvantaged Business
Utilization (see section (k) of the Small Business Act). For the
Department of Defense, in accordance with the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163), the Office
of Small and Disadvantaged Business Utilization has been redesignated
as the Office of Small Business Programs. Management of the office
shall be the responsibility of an officer or employee of the agency who
shall, in carrying out the purposes of the Act--
(1) Be known as the Director of Small and Disadvantaged Business
Utilization, or for the Department of Defense, the Director of Small
Business Programs;
* * * * *
0
3. Amend section 19.702 by revising the second and third sentences of
paragraph (d) to read as follows:
[[Page 53994]]
19.702 Statutory requirements.
* * * * *
(d) * * * However, the mentor-prot[eacute]g[eacute] agreement must
have been approved by the Director, Small Business Programs of the
cognizant DoD military department or defense agency, before
developmental assistance costs may be credited against subcontract
goals. A list of approved agreements may be obtained at http://
www.acq.osd.mil/osbp/mentor_protege/.
[FR Doc. E8-21385 Filed 9-16-08; 8:45 am]
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