44822 Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations

disadvantaged. In accordance with the

Small Business Administration

regulations at 13 CFR 124.105, the

Maldives Islands has been added to the

category of ‘‘Subcontinent Asian

Americans’’; and Macao, Hong Kong,

Fiji, Tonga, Kirabati, Tuvalu, and Nauru

have been added to the category of

‘‘Asian Pacific Americans.’’

B. Regulatory Flexibility Act

The 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

comment is not required. However,

comments from small entities

concerning the affected FAR subpart

will be considered in accordance with 5

U.S.C. 610. Such comments must be

submitted separately and cite 5 U.S.C.

601, et seq. (FAC 97–01, FAR case 97–

008), in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 19

Government procurement.

Dated: August 7, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Therefore, 48 CFR Part 19 is amended

as set forth below:

PART 19—SMALL BUSINESS

PROGRAMS

1. The authority citation for 48 CFR

Part 19 continues to read as follows:

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

2. Section 19.001 is amended by

revising paragraphs (b)(1) and (b)(2)

under the definition ‘‘Small

disadvantaged business concern’’ to

read as follows:

19.001 Definitions.

* * * * *

Small disadvantaged business

concern * * *

(b) * * * (1) Subcontinent Asian

Americans means United States citizens

whose origins are in India, Pakistan,

Bangladesh, Sri Lanka, Bhutan, the

Maldives Islands, or Nepal.

(2) Asian Pacific Americans means

United States citizens whose origins are

in Japan, China, the Philippines,

Vietnam, Korea, Samoa, Guam, the U.S.

Trust Territory of the Pacific Islands

(Republic of Palau), the Northern

Mariana Islands, Laos, Kampuchea

(Cambodia), Taiwan, Burma, Thailand,

Malaysia, Indonesia, Singapore, Brunei,

Republic of the Marshall Islands, the

Federated States of Micronesia, Macao,

Hong Kong, Fiji, Tonga, Kiribati,

Tuvalu, or Nauru.

* * * * *

[FR Doc. 97–21495 Filed 8–21–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 19 and 52

[FAC 97–01; FAR Case 95–028; Item XI]

RIN 9000–AH34

Federal Acquisition Regulation;

Minority Small Business and Capital

Ownership

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule adopted as final

with changes.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to adopt as final, with changes,

the interim rule that was published as

Item VII of Federal Acquisition Circular

90–43 on December 20, 1996. The rule

amends the Federal Acquisition

Regulation (FAR) to reflect changes to

the Small Business Administration’s

(SBA) regulations at 13 CFR Parts 121

and 124, which address the Minority

Small Business and Capital Ownership

Development Program. The rule clarifies

eligibility and procedural requirements

for procurements under the 8(a)

program. This regulatory action was not

subject to Office of Management and

Budget review under Executive Order

12866, dated September 30, 1993, and is

not a major rule under 5 U.S.C. 804.

DATES: Effective October 21, 1997.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405, (202)

501–4755 for information pertaining to

status or publication schedules. For

clarification of content, contact Ms.

Victoria Moss, Procurement Analyst, at

(202) 501–4764. Please cite FAC 97–01,

FAR case 95–028.

SUPPLEMENTARY INFORMATION:

A. Background

On June 7, 1995, SBA published, as a

final rule, changes to its regulations at

13 CFR Parts 121 and 124, which cover

the Minority Small Business and Capital

Ownership Development Program. As a

result of these modifications, the FAR

had some inconsistencies regarding who

was eligible for a particular 8(a)

procurement. An interim FAR rule was

published in the Federal Register at 61

FR 67420, December 20, 1996 to correct

these inconsistencies. This rule finalizes

the interim rule with minor

amendments to reflect changes that SBA

is making in its processing of 8(a)

requirements. One comment was

received in response to the interim rule.

This comment was considered in the

development of the final rule.

B. Regulatory Flexibility Act

The Department of Defense, the

General Services Administration, and

the National Aeronautics and Space

Administration certify that this final

rule will not have a significant

economic impact on a substantial

number of small entities within the

meaning of the Regulatory Flexibility

Act, 5 U.S.C. 601, et seq., because the

rule does not impose any new

requirements on offerors or contractors.

The rule amends the FAR to reflect

changes to Small Business

Administration (SBA) regulations

designed to streamline the operation of

the 8(a) program and to ease certain

restrictions perceived to be burdensome

on program participants. The SBA has

certified that the changes to its

regulations will not have a significant

economic impact on a substantial

number of small entities.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the changes to the

FAR do not impose recordkeeping or

information collection requirements, or

collections of information from offerors,

contractors, or members of the public

which require the approval of the Office

of Management and Budget under 44

U.S.C. 3501, et seq.

List of Subjects in 48 CFR Parts 19 and

52

Government procurement.
Federal Register / Vol. 62, No. 163 / Friday, August 22, 1997 / Rules and Regulations 44823

Dated: August 7, 1997.

Edward C. Loeb,

Director, Federal Acquisition Policy Division.

Interim Rule Adopted as Final With

Changes

Accordingly, the interim rule

amending 48 CFR Parts 19 and 52 which

was published at 61 FR 67420,

December 20, 1996, is adopted as final

with the following change:

1. The authority citation for 48 CFR

Parts 19 and 52 continues to read as

follows:

PART 19—SMALL BUSINESS

PROGRAMS

Authority: 40 U.S.C. 486(c); 10 U.S.C.

chapter 137; and 42 U.S.C. 2473(c).

2. Section 19.804–2 is amended by

revising paragraphs (b)(2) and (c) to read

as follows:

19.804–2 Agency offering.

* * * * *

(b) * * *

(2) Sole source requirements, other

than construction, should be forwarded

directly to the district office that

services the nominated firm. If the

contracting officer is not nominating a

specific firm, the offering letter should

be forwarded to the district office

servicing the geographical area in which

the contracting office is located.

(c) All requirements for 8(a)

competition, other than construction,

should be forwarded to the district

office servicing the geographical area in

which the contracting office is located.

All requirements for 8(a) construction

competition should be forwarded to the

district office servicing the geographical

area in which all or the major portion

of the construction is to be performed.

All requirements, including

construction, shall be synopsized in the

Commerce Business Daily. For

construction, the synopsis shall include

the geographical area of the competition

set forth in the SBA’s acceptance letter.

[FR Doc. 97–21496 Filed 8–21–97; 8:45 am]

BILLING CODE 6820–EP–P

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 22 and 52

[FAC 97–01; FAR Case 94–610; Item XII]

RIN 9000–AH62

Federal Acquisition Regulation;

Executive Order 12933,

Nondisplacement of Qualified Workers

Under Certain Contracts

AGENCIES: Department of Defense (DoD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule with request for

comments.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed on an interim rule amending the

Federal Acquisition Regulation (FAR) to

implement Executive Order 12933,

Nondisplacement of Qualified Workers

Under Certain Contracts, signed by the

President on October 20, 1994 (59 FR

53559, October 24, 1994). The Executive

Order requires that workers on certain

building service contracts be given the

right of first refusal for employment

with the successor contractor, if the

workers would otherwise lose their jobs

as a result of the award of the successor

contract. This regulatory action was not

subject to Office of Management and

Budget review under Executive Order

12866, dated September 30, 1993, and is

not a major rule under 5 U.S.C. 804.

DATES: Effective Date: August 22, 1997.

Applicability: With respect to

solicitations and contracts for building

service contracts covered by this

regulation, the following applies:

(1) For solicitations issued and

contracts awarded on or after the

effective date of this rule, include the

clause at 52.222–50, Nondisplacement

of Qualified Workers, except as

provided in paragraph (2)(a) below.

(2) Include the clause at 52.222–50,

Nondisplacement of Qualified Workers,

where practicable by—

(a) Amending solicitations issued, but

not awarded, prior to the effective date

of the rule; or

(b) Modifying contracts awarded prior

to the effective date of this rule.

Comment Date: Comments should be

submitted to the FAR Secretariat at the

address shown below on or before

October 21, 1997 to be considered in the

formulation of a final rule.

ADDRESSES: Interested parties should

submit written comments to: General

Services Administration, FAR

Secretariat (MVR), 1800 F Street, NW,

Room 4035, Attn: Ms. Beverly Fayson,

Washington, DC 20405.

E-Mail comments submitted over the

Internet should be addressed to:

farcase.94–610@gsa.gov.

Please cite FAC 97–01, FAR case 94–

610 in all correspondence related to this

case.

FOR FURTHER INFORMATION CONTACT: The

FAR Secretariat, Room 4035, GS

Building, Washington, DC 20405 (202)

501–4755 for information pertaining to

status or publication schedules. For

clarification of content, contact Mr. Jack

O’Neill, Procurement Analyst, at (202)

501–3856. Please cite FAC 97–01, FAR

case 94–610.

SUPPLEMENTARY INFORMATION:

A. Background

Executive Order 12933 was signed

October 20, 1994, by President Clinton

and published in the Federal Register

on October 24, 1994 (59 FR 53559). The

purpose and need for the Executive

Order are clearly stated in the Executive

Order itself:

When a service contract for the

maintenance of a public building expires and

a follow-on contract is awarded for the same

service, the successor contractor typically

hires the majority of the predecessor’s

employees. On occasion, however, a followon contractor will hire a new work force, and

the predecessor’s employees are displaced.

As a buyer and participant in the

marketplace, the Government is concerned

about hardships to individuals that may

result from the operation of our procurement

system. Furthermore, the Government’s

procurement interests in economy and

efficiency benefit from the fact that a

carryover work force will minimize

disruption to the delivery of services during

any period of transition and provide the

Government the benefits of an experienced

and trained work force rather than one that

may not be familiar with the Government

facility.

In order to address these concerns,

Section 1 of the Executive Order makes

the following statement of policy:

It is the policy of the Federal Government

that solicitations and building service

contracts for public buildings shall include a

clause that requires the contractor under a

contract that succeeds a contract for

performance of similar services at the same

public building to offer those employees

(other than managerial or supervisory

employees) under the predecessor contract

whose employment will be terminated as a

result of the award of the successor contract,

a right of first refusal to employment under

the contract in positions for which they are

qualified. There shall be no employment

openings under the contract until such right