Department of Defense (DoD), General Services Administration (GSA), and National Aeronautics and Space Administration (NASA).
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.”
Effective on May 6, 2011.Start Further Info
FOR FURTHER INFORMATION CONTACT:
Mr. Karlos Morgan, Procurement Analyst, at (202) 501-2364. Please cite FAC 2005-50; FAR Case 2011-004.End Further Info End Preamble Start Supplemental Information Start Printed Page 26221
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.Start List of Subjects
List of Subjects in 48 CFR Part 19End List of Subjects
Accordingly, 48 CFR part 19 is corrected by making the following correcting amendment:Start Part
PART 19—SMALL BUSINESS PROGRAMSEnd Part Start Amendment Part
1. The authority citation forEnd Amendment Part Start Amendment Part
2. Amend section 19.502-2 by revising paragraph (b) to read as follows:End Amendment Part
(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.
Acting Director, Office of Governmentwide Acquisition Policy.
[FR Doc. 2011-11117 Filed 5-5-11; 8:45 am]
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