Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
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.
Effective Date: October 17, 2008.Start Further Info
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.End Further Info End Preamble Start Supplemental Information
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.Start List of Subjects
List of Subjects in 48 CFR Parts 2 and 19End List of Subjects Start Signature
Dated: September 9, 2008.
Director, Office of Acquisition Policy.
Therefore, DoD, GSA, and NASA amendEnd Amendment Part Start Amendment Part
1. The authority citation forEnd Amendment Part Start Part
PART 2—DEFINITIONS OF WORDS AND TERMSEnd Part Start Amendment Part
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:End Amendment Part
(b) * * *
(2) * * *
Office of Small and Disadvantaged Business Utilization means the Office of Small Business Programs when referring to the Department of Defense.Start Part
PART 19—SMALL BUSINESS PROGRAMSEnd Part Start Amendment Part
3. Amend section 19.201 by revising the introductory text of paragraph (d) and paragraph (d)(1) to read as follows:End Amendment Part
(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;Start Amendment Part
3. Amend section 19.702 by revising the second and third sentences of paragraph (d) to read as follows:End Amendment Part
(d) * * * However, the mentor-protégé 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/.End Supplemental Information
[FR Doc. E8-21385 Filed 9-16-08; 8:45 am]
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