Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations 2637

EFFECTIVE DATE: March 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Ms. Linda Klein at (202) 501–3775 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405, (202) 501–4755.

Please cite FAC 90–37, FAR case 92–

606.

SUPPLEMENTARY INFORMATION:

A. Background

FAR 19.602–2(b)(3) currently requires

that all COC requests over $500,000 be

forwarded to the SBA Central Office for

a decision on issuance. The issuance of

COC’s by the SBA is governed by 13

CFR Part 125, which authorizes regional

SBA offices to issue COC’s within their

delegated authority. This rule merely

reflects existing internal SBA

procedures.

B. Regulatory Flexibility Act

This 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

comments is not required. Therefore,

the Regulatory Flexibility Act does not

apply. However, comments from small

entities concerning the affected subpart

will be considered in accordance with

Section 610 of the Act. Such comments

must be submitted separately and cite

FAC 90–37, FAR case 92–606, 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 OMB

under 44 U.S.C. 3501, et seq.

List of Subjects in 48 CFR Part 19

Government procurement.

Dated: January 11, 1996.

Edward C. Loeb,

Acting Director, Office of Federal Acquisition

Policy.

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 19.602–2 is amended as

follows:

(a) The paragraph designation ‘‘(a)’’ is

removed;

(b) Paragraph (b) is removed;

(c) Paragraph (c) is redesignated as (d)

and revised; and

(d) Paragraphs (a)(1) through (a)(3) are

redesignated as (a), (b), and (c),

respectively.

19.602–2 Issuing or denying a certificate

of competency (COC).

* * * * *

(d) Notify the concern and the

contracting officer that the COC is

denied or is being issued.

[FR Doc. 96–1023 Filed 1–25–96; 8:45 am]

BILLING CODE 6820–EP–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 19 and 52

[FAC 90–37; FAR Case 93–308; Item X]

RIN 9000–AG70

Federal Acquisition Regulation; Mentor

Prote ́ge ́ Program

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Interim rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to an interim rule to allow

mentor firms under the Department of

Defense Pilot Mentor-Prote ́ge ́ Program to

be granted credit toward subcontracting

goals under small business

subcontracting plans entered into with

any executive agency. The rule also will

permit mentor firms to award

subcontracts on a noncompetitive basis

to prote ́ge ́ firms under Department of

Defense or other contracts. This

regulatory action was not subject to

Office of Management and Budget

review under Executive Order 12866,

dated September 30, 1993.

DATES: Effective Date: January 26, 1996.

Comment Due Date: To be considered

in the formulation of a final rule,

comments should be submitted to the

address given below on or before March

26, 1996.

ADDRESSES: Comments should be

submitted to: General Services

Administration, FAR Secretariat, 18th &

F Streets NW., Room 4037, Washington,

DC 20405.

FOR FURTHER INFORMATION CONTACT:

Ms. Linda Klein at (202) 501–3775 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 37, FAR case 93–308.

SUPPLEMENTARY INFORMATION:

A. Background

This rule implements Section 814(c)

of Public Law 102–190, which amended

the Small Business Act at 15 U.S.C.

637(d)(11) to authorize certain costs

incurred by a mentor firm under the

Department of Defense Mentor-Prote ́ge ́

Program to be credited toward

subcontracting goals for awards to small

disadvantaged businesses. This rule also

further implements Section 831(f)(2) of

Public Law 101–510 which permits

mentor firms to award subcontracts on

a noncompetitive basis to its prote ́ge ́s

under Department of Defense or other

contracts.

B. Regulatory Flexibility Act

The interim rule is not expected to

have 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 revisions apply to mentor

firms under the DOD Pilot MentorProte ́ge ́ Program, and these firms

generally are not small entities. An

Initial Regulatory Flexibility Analysis

has, therefore, not been performed.

Comments are invited from small

businesses and other interested parties.

Comments from small entities

concerning the affected FAR parts will

also 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 90–37, FAR case 93–

308) in correspondence.

C. Paperwork Reduction Act

The Paperwork Reduction Act does

not apply because the rule does not

impose any reporting or recordkeeping

requirements which require the

approval of the Office of Management

and Budget under 44 U.S.C. 3501, et

seq.

D. Determination to Issue an Interim

Rule

A determination has been made under

authority of the Secretary of Defense

(DOD), the Administrator of General

Services (GSA); and the Administrator

of the National Aeronautics and Space

Administration (NASA) that, pursuant

to 41 U.S.C. 418b, urgent and

compelling reasons exist to publish an

interim rule prior to affording the public

an opportunity to comment. However,

public comments received in response
2638 Federal Register / Vol. 61, No. 18 / Friday, January 26, 1996 / Rules and Regulations

to this interim rule will be considered

in formulating the final rule. The rule is

necessary to further implement Section

814(c) of Public Law 102–190, which

amended the Small Business Act at 15

U.S.C. 637(d)(11) to authorize certain

costs incurred by a Department of

Defense Mentor-Prote ́ge ́ Program firm to

be credited toward subcontracting goals

for awards to small disadvantaged

businesses, and Section 831(f)(2) of

Public Law 101–510 which permits

mentor firms to award subcontracts on

a noncompetitive basis to its prote ́ge ́s

under Department of Defense or other

contracts.

List of Subjects in 48 CFR Parts 19 and

52

Government procurement.

Dated: January 11, 1996.

Edward C. Loeb,

Acting Director, Office of Federal Acquisition

Policy.

Therefore, 48 CFR Parts 19 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 19 and 52 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).

PART 19—SMALL BUSINESS

PROGRAMS

2. Section 19.702 is amended by

adding paragraph (d) to read as follows:

19.702 Statutory requirements.

* * * * *

(d) As authorized by 15 U.S.C.

637(d)(11), certain costs incurred by a

mentor firm in providing developmental

assistance to a Prote ́ge ́ firm under the

Department of Defense Pilot MentorProte ́ge ́ Program, may be credited as

subcontract awards to a small

disadvantaged business for the purpose

of determining whether the mentor firm

attains a small disadvantaged business

goal under any subcontracting plan

entered into with any executive agency.

However, the mentor firms must have

been approved by the Office of Small

and Disadvantaged Business Utilization,

Office of the Under Secretary of Defense

for Acquisition and Technology, OUSD

(A&T)SADBU, Room 2A340, The

Pentagon, Washington, DC 20301–3061,

(703) 697–1688, before developmental

assistance costs may be credited against

subcontract goals.

PART 52—SOLICITATION PROVISIONS

AND CONTRACT CLAUSES

3. 52.244–5 is amended by revising

the clause to read as follows:

52.244–5 Competition in Subcontracting.

* * * * *

Competition in Subcontracting (Jan 1996)

(a) The Contractor shall select

subcontractors (including suppliers) on a

competitive basis to the maximum practical

extent consistent with the objectives and

requirements of the contract.

(b) If the Contractor is an approved mentor

under the Department of Defense Pilot

Mentor-Prote ́ge ́ Program (Pub. L. 101–510,

section 831 as amended), the Contractor may

award subcontracts under this contract on a

noncompetitive basis to its prote ́ge ́s.

(End of clause)

[FR Doc. 96–1024 Filed 1–25–96; 8:45 am]

BILLING CODE 6820–EP–M

DEPARTMENT OF DEFENSE

GENERAL SERVICES

ADMINISTRATION

NATIONAL AERONAUTICS AND

SPACE ADMINISTRATION

48 CFR Parts 19 and 52

[FAC 90–37; FAR Case 92–019; Item XI]

RIN 9000–AF45

Federal Acquisition Regulation;

Subcontracting Plans

AGENCIES: Department of Defense (DOD),

General Services Administration (GSA),

and National Aeronautics and Space

Administration (NASA).

ACTION: Final rule.

SUMMARY: The Civilian Agency

Acquisition Council and the Defense

Acquisition Regulations Council have

agreed to amend the Federal Acquisition

Regulation (FAR) to expand the

circumstances when subcontracting

plans may be required from and

negotiated with more than the

apparently successful offeror and to add

a clause alternate for use when

subcontracting plans are required with

initial proposals. This regulatory action

was not subject to Office of Management

and Budget review under Executive

Order 12866, dated September 30, 1993.

EFFECTIVE DATE: March 26, 1996.

FOR FURTHER INFORMATION CONTACT:

Ms. Linda Klein at (202) 501–3775 in

reference to this FAR case. For general

information, contact the FAR

Secretariat, Room 4037, GS Building,

Washington, DC 20405 (202) 501–4755.

Please cite FAC 90–37, FAR case 92–

019.

SUPPLEMENTARY INFORMATION:

A. Background

An amendment to FAR 19.705–2,

19.708, and 52.219–9 was published in

the Federal Register at 59 FR 16390,

April 6, 1994, as a proposed rule with

a request for comments. Two responses

were received. The Councils’ analysis of

those comments did not result in any

revisions to the proposed 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 under the

Regulatory Flexibility Act, 5 U.S.C. 601,

et seq., because subcontracting plans are

not required from small business

concerns.

C. Paperwork Reduction Act

The Paperwork Reduction Act (Public

Law 96–511) is deemed to apply

because the final rule contains

information collection requirements.

Accordingly, a request for approval of a

revised information collection

requirement concerning 9000–0006 was

submitted to the Office of Management

and Budget under 44 U.S.C. 3501, et

seq., and approved through March 31,

1998.

List of Subjects in 48 CFR Parts 19 and

52

Government procurement.

Dated: January 11, 1996.

Edward C. Loeb,

Acting Director, Office of Federal Acquisition

Policy.

Therefore, 48 CFR Parts 19 and 52 are

amended as set forth below:

1. The authority citation for 48 CFR

Parts 19 and 52 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).

PART 19—SMALL BUSINESS

PROGRAMS

2. Section 19.705–2 is amended by

revising paragraph (d) to read as

follows:

19.705–2 Determining the need for a

subcontracting plan.

* * * * *

(d) In solicitations for negotiated

acquisitions, the contracting officer may

require the submission of

subcontracting plans with initial offers,

or at any other time prior to award. In

determining when subcontracting plans

should be required, as well as when and