Federal Register / Vol. 75, No. 250 / Thursday, December 30, 2010 / Proposed Rules 82567 

Dated: December 22, 2010. 

Shay D. Assad, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: December 22, 2010. 

Joseph A. Neurauter, 

Deputy Associate Administrator and Senior 

Procurement Executive, Office of General 

Services Acquisition Policy, Integrity, and 

Workforce, U.S. General Services 

Administration. 

Dated: December 21, 2010. 

Sheryl J. Goddard, 

Acting Assistant Administrator for 

Procurement, National Aeronautics and 

Space Administration. 

[FR Doc. 2010–32901 Filed 12–29–10; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 4, 12, 19, 22, 52, and 

53 

[FAC 2005–48; FAR Case 2011–005; Item 

I; Docket 2010–0112, Sequence 1] 

RIN 9000–AL87 

Federal Acquisition Regulation; Repeal 

of the Small Business Competitiveness 

Demonstration Program 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

remove FAR coverage of the Small 

Business Competitiveness 

Demonstration Program, to meet the 

requirements of section 1335 of the 

Small Business Jobs Act of 2010. 

DATES: Effective Date: January 31, 2011. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

Karlos Morgan, Procurement Analyst, at 

(202) 501–2364. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAC 2005–48, FAR Case 2011–005. 

SUPPLEMENTARY INFORMATION: 

I. Background 

This final rule amends the FAR to 

delete subpart 19.10 to meet the 

requirements of section 1335 of the 

Small Business Jobs Act of 2010 (Pub. 

L. 111–240), referred to as the Act. 

Section 1335 of the Act amended the 

Business Opportunity Development 

Reform Act of 1988 (Pub. L. 100–656) by 

striking Title VII (15 U.S.C. 644 note), 

the Small Business Competitiveness 

Demonstration Program. In accordance 

with the Act, the repeal of the Small 

Business Competitiveness 

Demonstration Program became 

immediately effective upon the 

enactment of the Act and it will apply 

to the first full fiscal year after the 

September 27, 2010, date of enactment. 

This change will remove the policy, 

procedures, provisions, clauses, and the 

information collection and 

recordkeeping requirements associated 

with the Small Business 

Competitiveness Demonstration 

Program, and will update forms deleting 

any references to the program. 

II. Executive Order 12866 

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. 

III. 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 

1.501–3(a) and 41 U.S.C. 418b, and 

publication for public comments is not 

required. 

IV. Paperwork Reduction Act 

The final rule removes the 

information collection requirements 

associated with the Small Business 

Competitiveness Demonstration 

Program under OMB Clearance 9000– 

0100, and does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under 44 

U.S.C. chapter 35. 

List of Subjects in 48 CFR Parts 1, 4, 12, 

19, 22, 52, and 53 

Government procurement. 

Dated: December 22, 2010. 

Millisa Gary, 

Acting Director, Federal Acquisition Policy 

Division. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 1, 4, 12, 19, 22, 52, 

and 53 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 1, 4, 12, 19, 22, 52, and 53 

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 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

1.106 [Amended] 

■ 2. Amend section 1.106, in the table 

following the introductory paragraph, 

by removing FAR segments 52.219–19, 

52.219–20, and 52.219–21, and their 

corresponding OMB Control Number 

9000–0100. 

PART 4—ADMINISTRATIVE MATTERS 

■ 3. Amend section 4.603 by revising 

paragraph (b) to read as follows: 

4.603 Policy. 

* * * * * 

(b) Executive agencies shall use FPDS 

to maintain publicly available 

information about all contract actions 

exceeding the micro-purchase 

threshold, and any modifications to 

those actions that change previously 

reported contract action report data, 

regardless of dollar value. 

* * * * * 

4.606 [Amended] 

■ 4. Amend section 4.606 by removing 

paragraph (a)(2); and redesignating 

paragraphs (a)(3) and (a)(4) as 

paragraphs (a)(2) and (a)(3), 

respectively. 

4.1202 [Amended] 

■ 5. Amend section 4.1202 by removing 

paragraphs (k) and (l); and redesignating 

paragraphs (m) through (ee) as 

paragraphs (k) through (cc), 

respectively. 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

12.303 [Amended] 

■ 6. Amend section 12.303 by removing 

from the end of paragraph (b)(1) ‘‘, or if 

set aside for emerging small businesses’’. 

12.603 [Amended] 

■ 7. Amend section 12.603 by removing 

the second sentence of paragraph 

(c)(2)(iv). 

PART 19—SMALL BUSINESS 

PROGRAMS 

19.304 [Amended] 

■ 8. Amend section 19.304 by removing 

from the first sentence in the 

introductory text in paragraph (c) 

‘‘52.212–3(c)(9)’’ and adding ‘‘52.212– 

3(c)(8)’’ in its place. 

■ 9. Amend section 19.502–2 by 

revising the last sentence in paragraph 

(a); and by removing paragraph (d). 

The revised text reads as follows: 


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19.502–2 Total small business set-asides. 

(a) * * * The small business 

reservation does not preclude the award 

of a contract with a value not greater 

than $150,000 under subpart 19.8, 

Contracting with the Small Business 

Administration, or under 19.1305, 

HUBZone set-aside procedures. 

* * * * * 

Subpart 19.10—[Removed and 

Reserved] 

■ 10. Remove and reserve subpart 19.10. 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.1006 [Amended] 

■ 11. Amend section 22.1006 by— 

■ a. Removing from paragraph 

(a)(2)(i)(C) ‘‘52.204–8(c)(2)(v) or (vi)’’ and 

adding ‘‘52.204–8(c)(2)(iii) or (iv)’’ in its 

place; 

■ b. Removing from paragraph (e)(2)(i) 

‘‘52.204–8(c)(2)(v)’’ and adding ‘‘52.204– 

8(c)(2)(iii)’’ in its place; and 

■ c. Removing from paragraph (e)(4)(i) 

‘‘52.204–8(c)(2)(vi)’’ and adding ‘‘52.204– 

8(c)(2)(iv)’’ in its place. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.204–8 [Amended] 

■ 12. Amend section 52.204–8 by— 

■ a. Removing from the date of the 

provision ‘‘Oct 2010’’ and adding ‘‘(JAN 

2011)’’ in its place; 

■ b. Removing paragraphs (c)(2)(i) and 

(c)(2)(ii); and 

■ c. Redesignating paragraphs (c)(2)(iii) 

through (c)(2)(x) as paragraphs (c)(2)(i) 

through (c)(2)(viii), respectively. 

52.212–3 [Amended] 

■ 13. Amend section 52.212–3 by— 

■ a. Removing from the date of the 

provision ‘‘Oct 2010’’ and adding ‘‘(JAN 

2011)’’ in its place; 

■ b. Removing from paragraph (a), the 

definition ‘‘Emerging small business’’; 

■ c. Removing paragraph (c)(8); and 

■ d. Redesignating paragraphs (c)(9) and 

(c)(10) as paragraphs (c)(8) and (c)(9), 

respectively. 

52.219–19 through 52.219–21 [Removed 

and Reserved] 

■ 14. Remove and reserve sections 

52.219–19 through 52.219–21. 

PART 53—FORMS 

53.212 [Amended] 

■ 15. Amend section 53.212 by 

removing ‘‘SF 1449, (Rev. 3/2005)’’ and 

adding ‘‘SF 1449, (Rev. 10/2010)’’ in its 

place. 

53.213 [Amended] 

■ 16. Amend section 53.213 by 

removing from paragraphs (a) and (f) 

‘‘SF 1449, (Rev. 3/2005)’’ and adding ‘‘SF 

1449, (Rev. 10/2010)’’, respectively, in 

its place; and by removing from 

paragraph (f) ‘‘OF 347 (Rev. 4/06)’’ and 

adding ‘‘OF 347, (Rev. 10/2010)’’ in its 

place. 

53.214 [Amended] 

■ 17. Amend section 53.214 by 

removing from paragraph (d) ‘‘SF 1447 

(APR 2008)’’ and adding ‘‘SF 1447 (Rev. 

11/2010)’’ in its place. 

53.236–1 [Amended] 

■ 18. Amend section 53.236–1 by 

removing from paragraph (e) ‘‘OF 347 

(Rev. 03/2005)’’ and adding ‘‘OF 347, 

(Rev. 10/2010)’’ in its place. 

■ 19. Amend section 53.301–1447 by 

revising the form to read as follows: 

53.301–1447 Solicitation/Contract. 

BILLING CODE 6820–EP–P 


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■ 20. Amend section 53.301–1449 by 

revising the form to read as follows: 

53.301–1449 Solicitation/Contract/Order 

for Commercial Items. 


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■ 21. Amend section 53.302–347 by 

revising the form to read as follows: 

53.302–347 Order for Supplies or Services. 


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[FR Doc. 2010–32900 Filed 12–29–10; 8:45 am] 

BILLING CODE 


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