23370 Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 

matters when justifying and approving 

the award of a sole-source 8(a) contract. 

6. Potential Impact on Native AmericanOwned Firms 

Comment: Several respondents 

expressed concern regarding the 

possible impact facing Native Americanowned enterprises. The respondents 

pointed out that the 8(a) program has 

undergone considerable reform over the 

last two years and has experienced 

overwhelming success in achieving its 

goals. The respondents also emphasized 

that the vast majority of Native 

American-owned enterprises have 

consistently provided high value 

support to their Government customers. 

In view of these considerations, the 

respondents requested that each 

executive agency send a policy directive 

to their contracting officers to outline 

the benefits of the SBA 8(a) program and 

the positive impact this program has 

had for Native participants. 

Response: The benefits of SBA’s 8(a) 

program and the positive impact this 

program has had for Native participants 

are promoted by SBA and the Office of 

Small and Disadvantaged Business 

Utilization (OSDBU) on a consistent 

basis throughout the Government. Each 

Federal agency with contracting 

authority has established an OSDBU. 

The OSDBU advocates for small, small 

disadvantaged (including the 8(a) 

program), veteran, service-disabled 

veteran-owned, HUBZone, and womenowned businesses. The OSDBU is 

charged with promoting increased 

access for small businesses to 

procurement opportunities, conducting 

outreach efforts, and providing liaison 

support for small and disadvantaged 

businesses. In addition, the OSDBU 

works closely with program officers and 

contracting officers to assist in the 

accomplishment of the annual 

Governmentwide 5 percent procurement 

goals for small disadvantaged 

businesses. 

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 a significant 

regulatory action and, therefore, was 

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 

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 additional 

requirements on the majority of small 

businesses. The rule implements the 

statutory requirements mandated by 

section 811, Justification and Approval 

of Sole-Source Contracts, of the National 

Defense Authorization Act for Fiscal 

Year 2010. It is recognized that a very 

small number of businesses that have 

been awarded 8(a) contracts over the 

$20 million threshold may be impacted. 

However, the rule does not limit the 

number of contracts or dollars awarded 

to these businesses. The rule may also 

indirectly benefit the 8,833 currently 

certified section 8(a) firms by improving 

their likelihood of a contract award 

through increased competition, but this 

impact is similarly considered not 

significant. 

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 Parts 6, 15, 

and 19 

Government procurement. 

Dated: April 11, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Interim Rule Adopted as Final Without 

Change 

■ Accordingly, the interim rule 

amending 48 CFR parts 6, 15, and 19, 

which was published in the Federal 

Register at 76 FR 14559 on March 16, 

2011, is adopted as a final rule without 

change. 

[FR Doc. 2012–9204 Filed 4–17–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1 and 52 

[FAC 2005–58; Item IV; Docket 2012–0079; 

Sequence 2] 

Federal Acquisition Regulation; 

Technical Amendments 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: This document makes 

amendments to the Federal Acquisition 

Regulation (FAR) in order to make 

editorial changes. 

DATES: Effective Date: April 18, 2012. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Secretariat, 1275 First Street 

NE., 7th Floor, Washington, DC 20417, 

202–501–4755, for information 

pertaining to status or publication 

schedules. Please cite FAC 2005–58, 

Technical Amendments. 

SUPPLEMENTARY INFORMATION: In order to 

update certain elements in 48 CFR parts 

1 and 52, this document makes editorial 

changes to the FAR. 

List of Subjects in 48 CFR Parts 1 and 

52 

Government procurement. 

Dated: April 11, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 1 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 1 and 52 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 

■ 2. Amend section 1.201–1 by revising 

paragraph (c) to read as follows: 

1.201–1 The two councils. 

* * * * * 

(c) The Director of the DAR Council 

shall be the representative of the 

Secretary of Defense. The operation of 

the DAR Council will be as prescribed 

by the Secretary of Defense. 

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Federal Register / Vol. 77, No. 75 / Wednesday, April 18, 2012 / Rules and Regulations 23371 

Membership shall include 

representatives of the military 

departments, the Defense Logistics 

Agency, the Defense Contract 

Management Agency, and the National 

Aeronautics and Space Administration. 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

52.212–5 [Amended] 

■ 2. Amend section 52.212–5 by 

removing from paragraph (b)(7) ‘‘(Jan 

2012)’’ and adding ‘‘(Feb 2012)’’ in its 

place; and removing from paragraph 

(b)(23) ‘‘(Apr 2009)’’ and adding ‘‘(Apr 

2012)’’ in its place. 

■ 3. Amend section 52.219–28 by 

revising the date of the clause, and 

removing from paragraph (c) ‘‘http://

www.sba.gov/services/

contractingopportunities/

sizestandardstopics/’’ and adding 

‘‘http://www.sba.gov/content/tablesmall-business-size-standards’’ in its 

place. 

The revised text reads as follows: 

52.219–28 Post-Award Small Business 

Program Rerepresentation. 

* * * * * 

Post-Award Small Business Program 

Rerepresentation (Apr 2012) 

* * * * * 

[FR Doc. 2012–9206 Filed 4–17–12; 8:45 am] 

BILLING CODE 6820–EP–P 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Chapter 1 

[Docket FAR 2012–0081, Sequence 3] 

Federal Acquisition Regulation; 

Federal Acquisition Circular 2005–58; 

Small Entity Compliance Guide 

AGENCY: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Small Entity Compliance Guide. 

SUMMARY: This document is issued 

under the joint authority of DOD, GSA, 

and NASA. This Small Entity 

Compliance Guide has been prepared in 

accordance with section 212 of the 

Small Business Regulatory Enforcement 

Fairness Act of 1996. It consists of a 

summary of the rule appearing in 

Federal Acquisition Circular (FAC) 

2005–58, which amends the Federal 

Acquisition Regulation (FAR). An 

asterisk (*) next to a rule indicates that 

a regulatory flexibility analysis has been 

prepared. Interested parties may obtain 

further information regarding this rule 

by referring to FAC 2005–58, which 

precedes this document. These 

documents are also available via the 

Internet at http://www.regulations.gov. 

DATES: April 18, 2012. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact the 

analyst whose name appears in the table 

below. Please cite FAC 2005–58 and the 

FAR case number. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at 202–501–4755. 

LIST OF RULES IN FAC 2005–58 

Item Subject FAR case Analyst 

I * ...................................... Biobased Procurements .................................................................................................. 2010–004 Clark. 

II ....................................... Representation Regarding Export of Sensitive Technology to Iran ................................ 2010–018 Davis. 

III ...................................... Justification and Approval of Sole-Source 8(a) Contracts .............................................. 2009–038 Morgan. 

IV ..................................... Technical Amendments.

SUPPLEMENTARY INFORMATION: 

Summaries for each FAR rule follow. 

For the actual revisions and/or 

amendments made by these FAR cases, 

refer to the specific item numbers and 

subject set forth in the documents 

following these item summaries. FAC 

2005–58 amends the FAR as specified 

below: 

Item I—Biobased Procurements (FAR 

Case 2010–004) 

This final rule amends the FAR to 

implement changes that require 

contractors to report the biobased 

products purchased under service and 

construction contracts. The Farm 

Security and Rural Investment Act 

(7 U.S.C. 8102) requires agencies to 

report this information to the Office of 

Federal Procurement Policy. This 

reporting will enable agencies to 

monitor compliance with the Federal 

preference for purchasing biobased 

products. Contractors may need to 

create an inventory management system 

to track the biobased products 

purchased for each contract. However, 

this rule may enhance small business 

biobased product suppliers’ 

participation in this market. 

Item II—Representation Regarding 

Export of Sensitive Technology to Iran 

(FAR Case 2010–018) 

This final rule adopts, with minor 

changes, an interim rule which added a 

representation to implement section 106 

of the Comprehensive Iran Sanctions, 

Accountability, and Divestment Act of 

2010. Section 106 imposes a 

procurement prohibition relating to 

contracts with persons that export 

certain sensitive technology to Iran. 

This rule has no significant impact on 

small business concerns. 

Item III—Justification and Approval of 

Sole-Source 8(a) Contracts (FAR Case 

2009–038) 

This rule adopts as final, without 

change, an interim rule published in the 

Federal Register at 76 FR 14559 on 

March 16, 2011, which implemented 

section 811 of the National Defense 

Authorization Act for Fiscal Year 2010 

(Pub. L. 111–84). Section 811 prohibits 

the award of a sole-source contract in an 

amount over $20 million under the 8(a) 

program authority (15 U.S.C. 637(a)) 

without first obtaining a written 

Justification and Approval (J&A) 

approved by an appropriate official, and 

making public the J&A and related 

information. This internal Government 

requirement for the development and 

approval of a sole-source J&A for 8(a) 

sole-source awards over $20 million 

neither prohibits such awards nor 

increases the qualifications required of 

8(a) firms. 

Item IV—Technical Amendments 

Editorial changes are made at FAR 

1.201–1, 52.212–5, and 52.219–28. 

Dated: April 11, 2012. 

Laura Auletta, 

Director, Office of Governmentwide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Governmentwide Policy. 

[FR Doc. 2012–9215 Filed 4–17–12; 8:45 am] 

BILLING CODE 6820–EP–P 

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