[Federal Register: May 6, 2011 (Volume 76, Number 88)]
[Rules and Regulations]
[Page 26220-26221]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr06my11-10]
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DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005-50; FAR Case 2011-004; Docket 2011-0004; Sequence 1]
RIN 9000-AL88
Federal Acquisition Regulation; Socioeconomic Program Parity
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Correcting amendment.
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SUMMARY: This document contains a correction to the interim rule which
published in the Federal Register of Wednesday, March 16, 2011 (76 FR
14568). The regulations implement section 1347 of the ``Small Business
Jobs Act of 2010.''
DATES: Effective on May 6, 2011.
FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement
Analyst, at (202) 501-2364. Please cite FAC 2005-50; FAR Case 2011-004.
[[Page 26221]]
SUPPLEMENTARY INFORMATION:
Background
Section 1347 of the Small Business Jobs Act of 2010, clarifies the
contracting officer's ability to use discretion when determining
whether an acquisition will be restricted to small businesses
participating in the 8(a), HUBZone, or Service-disabled veteran-owned
(SDVOSB) programs. There is no order of priority among small businesses
in the 8(a) Business Development program, the HUBZone program, or the
SDVOSB program.
Need for Correction
As published, the regulations contain a technical error in the
promulgated rule.
List of Subjects in 48 CFR Part 19
Government procurement.
Accordingly, 48 CFR part 19 is corrected by making the following
correcting amendment:
PART 19--SMALL BUSINESS PROGRAMS
0
1. The authority citation for 48 CFR part 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).
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2. Amend section 19.502-2 by revising paragraph (b) to read as follows:
19.502-2 Total small business set-asides.
* * * * *
(b) Before setting aside an acquisition under this paragraph, refer
to 19.203(c). The contracting officer shall set aside any acquisition
over $150,000 for small business participation when there is a
reasonable expectation that:
(1) Offers will be obtained from at least two responsible small
business concerns offering the products of different small business
concerns (see paragraph (c) of this section); and
(2) Award will be made at fair market prices. Total small business
set-asides shall not be made unless such a reasonable expectation
exists (see 19.502-3 as to partial set-asides). Although past
acquisition history of an item or similar items is always important, it
is not the only factor to be considered in determining whether a
reasonable expectation exists. In making R&D small business set-asides,
there must also be a reasonable expectation of obtaining from small
businesses the best scientific and technological sources consistent
with the demands of the proposed acquisition for the best mix of cost,
performances, and schedules.
* * * * *
Dated: May 3, 2011.
Millisa Gary,
Acting Director, Office of Governmentwide Acquisition Policy.
[FR Doc. 2011-11117 Filed 5-5-11; 8:45 am]
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