[Federal Register Volume 79, Number 121 (Tuesday, June 24, 2014)]
[Rules and Regulations]
[Pages 35864-35865]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-14381]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
48 CFR Part 19
[FAC 2005-75; FAR Case 2013-010; Item II; Docket 2013-0010, Sequence 1]
RIN 9000-AM59
Federal Acquisition Regulation; Contracting With Women-Owned
Small Business Concerns
AGENCY: Department of Defense (DoD), General Services Administration
(GSA), and National Aeronautics and Space Administration (NASA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD, GSA, and NASA have adopted as final, without change, an
interim rule amending the Federal Acquisition Regulation (FAR) to
remove the dollar limitation for set-asides to economically
disadvantaged women-owned small business concerns and to women-owned
small business concerns eligible under the Women-Owned Small Business
Program.
DATES: Effective Date: June 24, 2014.
FOR FURTHER INFORMATION CONTACT: Mr. Karlos Morgan, Procurement
Analyst, at 202-501-2364, for clarification of content. For information
pertaining to status or publication schedules, contact the Regulatory
Secretariat at 202-501-4755. Please cite FAC 2005-75, FAR Case 2013-
010.
SUPPLEMENTARY INFORMATION:
I. Background
DoD, GSA, and NASA published an interim rule in the Federal
Register at 78 FR 37692 on June 21, 2013, to implement section 1697 of
the National Defense Authorization Act (NDAA) for Fiscal Year (FY) 2013
(Pub. L. 112-239), which amended section 8(m) of the Small Business
Act, (15 U.S.C. 637(m)). Section 1697 of the NDAA for FY 2013 amended
section 8(m) by removing the dollar limitation for set-asides to
economically disadvantaged women-owned small business (EDWOSB)
[[Page 35865]]
concerns, and eligible women-owned small business (WOSB) concerns (see
13 CFR 127.200-13 and 127.305 for eligibility and certification
requirements), in industries determined by the Small Business
Administration (SBA) to be underrepresented or substantially
underrepresented by small business concerns owned and controlled by
women, with respect to Federal procurement.
Pursuant to this statutory change and in conformance with the Small
Business Administration's (SBA's) revised regulations at 13 CFR
127.503(a)(2) and 127.503(b)(2) (see SBA's interim final rule published
in the Federal Register at 78 FR 26504 on May 7, 2013), an interim FAR
rule was published in the Federal Register at 78 FR 37692 on June 21,
2013, removing the dollar limitations for set-asides to EDWOSB concerns
or WOSB concerns eligible under the WOSB Program. The interim rule
allows contracting officers to set aside acquisitions for competition
restricted to EDWOSB concerns or WOSB concerns eligible under the WOSB
Program at any dollar level above the micro-purchase threshold,
provided the other requirements for a set-aside under the WOSB Program
are met.
II. Discussion and Analysis
The comment period for the FAR interim rule closed on August 20,
2013. No public comments were received; therefore DoD, GSA, and NASA
are finalizing the interim rule without change.
III. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This is not a significant regulatory action and, therefore, was not
subject to review under section 6(b) of E.O. 12866, Regulatory Planning
and Review, dated September 30, 1993. This rule is not a major rule
under 5 U.S.C. 804.
IV. Regulatory Flexibility Act
DoD, GSA, and NASA have prepared a Final Regulatory Flexibility
Analysis (FRFA) consistent with the Regulatory Flexibility Act, 5
U.S.C. 601, et seq. The FRFA is summarized as follows:
The objective of this final rule is to finalize the changes set
forth in section 1697 of the National Defense Authorization Act for
fiscal year 2013. Section 1697 eliminated the statutory limitations
(thresholds) at section 8(m) of the Small Business Act, (15 U.S.C.
637(m)), for set-asides to economically disadvantaged women-owned
small business (EDWOSB) concerns and to women-owned small business
(WOSB) concerns eligible under the WOSB Program in industries that
are underrepresented or substantially underrepresented by WOSB
concerns. This final rule follows an interim rule that was published
in the Federal Register at 78 FR 37692 on June 21, 2013, which
removed the set-aside limitations set forth at FAR 19.1505(b)(2) and
(c)(2), in keeping with the statutory change and SBA's revised
regulations.
There were no comments received in response to the interim rule
by its closing date of August 20, 2013. Therefore, the changes made
in the interim rule will be adopted as final, without change,
allowing contracting officers to set aside acquisitions for
competition restricted to EDWOSB concerns or WOSB concerns eligible
under the WOSB Program at any dollar level above the micro-purchase
threshold, provided the other requirements for a set-aside under the
WOSB Program are met.
Analysis of the Federal Procurement Data System from April 1,
2011 (the implementation date of the WOSB Program) through January
1, 2013, revealed that there were approximately 26,712 WOSB
concerns, including 131 EDWOSB concerns and 388 WOSB concerns
eligible under the WOSB Program, that received obligated funds from
Federal contract awards, task or delivery orders, and modifications
to existing contracts. This final rule may have a significant
positive economic impact on EDWOSB concerns competing for
contracting opportunities in industries determined by SBA to be
underrepresented by WOSB concerns and may positively affect WOSB
concerns eligible under the WOSB Program competing in industries
determined by SBA to be substantially underrepresented by WOSB
concerns, since removing the dollar threshold for set-asides under
the WOSB Program will provide greater access to Federal contracting
opportunities. However, this rule may have a negative effect on
firms that are women-owned but are not WOSB Program participants and
small businesses that are not owned by women because those firms may
now be excluded from competition on some acquisitions that
previously could not be set aside for EDWOSB concerns or WOSB
concerns eligible under the WOSB Program due to the dollar
thresholds and now will be set aside.
This final rule does not impose new recordkeeping or reporting
requirements. The rule does not duplicate, overlap, or conflict with
any other Federal rules. There are no alternatives to the rule that
would accomplish the stated objectives of the statute.
Interested parties may obtain a copy of the FRFA from the
Regulatory Secretariat. The Regulatory Secretariat has submitted a copy
of the FRFA to the Chief Counsel for Advocacy of the Small Business
Administration.
V. Paperwork Reduction Act
The final rule does not contain any information collection
requirements that require the approval of the Office of Management and
Budget under the Paperwork Reduction Act (44 U.S.C. chapter 35).
List of Subjects in 48 CFR Part 19
Government procurement.
Dated: June 13, 2014.
William Clark,
Acting Director, Office of Government-Wide Acquisition Policy, Office
of Acquisition Policy, Office of Government-Wide Policy.
Interim Rule Adopted as Final Without Change
0
Accordingly, the interim rule amending 48 CFR part 19 which was
published in the Federal Register at 78 FR 37692 on June 21, 2013, is
adopted as a final rule without change.
[FR Doc. 2014-14381 Filed 6-23-14; 8:45 am]
BILLING CODE 6820-EP-P