Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53995 

48c) and the rules of the Committee for 

Purchase from People Who Are Blind or 

Severely Disabled (41 CFR Chapter 51) 

which implements the AbilityOne 

Program. 

8.701 [Amended] 

■ 8. Amend section 8.701 by removing 

‘‘JWOD’’ wherever it occurs and adding 

‘‘AbilityOne’’ in its place. 

8.702 [Amended] 

■ 9. Amend section 8.702 by removing 

from paragraph (a) ‘‘JWOD’’ and adding 

‘‘AbilityOne’’ in its place; and removing 

from paragraph (c) ‘‘the JWOD’’ and 

adding ‘‘the Javits-Wagner-O’Day’’ in its 

place. 

8.703 [Amended] 

■ 10. Amend section 8.703 by removing 

‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its 

place; removing ‘‘http://www.jwod.gov/ 

procurementlist’’ and adding ‘‘http:// 

www.abilityone.gov/jwod/PL.html’’ in 

its place; and removing 

‘‘info@jwod.gov’’ and adding 

‘‘info@abilityone.gov’’ in its place. 

8.704 [Amended] 

■ 11. Amend section 8.704 by removing 

from the introductory text of paragraph 

(a) ‘‘The JWOD’’ and adding ‘‘The JavitsWagner-O’Day’’ in its place, and 

removing ‘‘from JWOD’’ and adding 

‘‘from AbilityOne’’ in its place; and 

removing from paragraphs (a)(1)(ii), 

(a)(2)(i), and (c) ‘‘JWOD’’ and adding 

‘‘AbilityOne’’ in its place. 

8.705–1 [Amended] 

■ 12. Amend section 8.705–1 by 

removing ‘‘JWOD’’ wherever it occurs 

and adding ‘‘AbilityOne’’ in its place. 

8.705–2 [Amended] 

■ 13. Amend section 8.705–2 by 

removing ‘‘a JWOD’’ and adding ‘‘an 

AbilityOne’’ in its place. 

8.705–3 [Amended] 

■ 14. Amend section 8.705–3 by 

removing from paragraphs (a) and (c) 

‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its 

place. 

8.705–4 [Amended] 

■ 15. Amend section 8.705–4 by 

removing from paragraphs (a) and (b) 

‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its 

place; and removing from paragraph (c) 

‘‘a JWOD’’ and adding ‘‘an AbilityOne’’ 

in its place. 

8.706, 8.707, 8.708, 8.710, 8.711, and 8.712 

[Amended] 

■ 16. Amend sections 8.706, 8.707, 

8.708, 8.710, 8.711, and 8.712 by 

removing ‘‘JWOD’’ wherever it occurs 

and adding ‘‘AbilityOne’’ in its place. 

8.713 [Amended] 

■ 17. Amend section 8.713 by removing 

from paragraph (a) ‘‘a JWOD’’ and 

adding ‘‘an AbilityOne’’ in its place; and 

removing from paragraph (b) ‘‘JWOD’’ 

and adding ‘‘AbilityOne’’ in its place. 

8.715 [Amended] 

■ 18. Amend section 8.715 by removing 

‘‘JWOD’’ wherever it occurs and adding 

‘‘AbilityOne’’ in its place. 

8.716 [Amended] 

■ 19. Amend section 8.716 by removing 

from the introductory paragraph ‘‘a 

JWOD’’ and adding ‘‘an AbilityOne’’ in 

its place. 

PART 9—CONTRACTOR 

QUALIFICATIONS 

■ 20. Amend section 9.107 by revising 

the section heading and paragraph (a); 

and removing from paragraphs (b) and 

(d) ‘‘JWOD’’ and adding ‘‘AbilityOne’’ in 

its place. The revised text reads as 

follows: 

9.107 Surveys of nonprofit agencies 

participating in the AbilityOne Program 

under the Javits-Wagner-O’Day Act. 

(a) The Committee for Purchase From 

People Who Are Blind or Severely 

Disabled (Committee), as authorized by 

41 U.S.C. 46–48c, determines what 

supplies and services Federal agencies 

are required to purchase from 

AbilityOne participating nonprofit 

agencies serving people who are blind 

or have other severe disabilities (see 

Subpart 8.7). The Committee is required 

to find an AbilityOne participating 

nonprofit agency capable of furnishing 

the supplies or services before the 

nonprofit agency can be designated as a 

mandatory source under the AbilityOne 

Program. The Committee may request a 

contracting office to assist in assessing 

the capabilities of a nonprofit agency. 

* * * * * 

PART 18—EMERGENCY 

ACQUISITIONS 

■ 21. Revise section 18.107 to read as 

follows: 

18.107 AbilityOne specification changes. 

Contracting officers are not held to the 

notification required when changes in 

AbilityOne specifications or 

descriptions are required to meet 

emergency needs. (See 8.712(d).) 

PART 44—SUBCONTRACTING 

POLICIES AND PROCEDURES 

44.202–2 [Amended] 

■ 22. Amend section 44.202–2 by 

removing from paragraph (a)(4)(ii) 

‘‘(JWOD)’’. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 23. Amend section 52.208–9 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph (a) 

‘‘(JWOD)’’; 

■ c. Removing from paragraph (b) ‘‘a 

JWOD’’ and adding ‘‘an AbilityOne’’ in 

its place; and 

■ d. Removing from paragraph (c) 

‘‘JWOD’’ and adding ‘‘AbilityOne’’ in its 

place. 

■ The revised text reads as follows: 

52.208–9 Contractor Use of Mandatory 

Sources of Supply or Services. 

* * * * * 

CONTRACTOR USE OF MANDATORY 

SOURCES OF SUPPLY OR SERVICES (OCT 

2008) 

* * * * * 

[FR Doc. E8–21386 Filed 9–16–08; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 5, 6, 12, 18, 26, and 52 

[FAC 2005–27; FAR Case 2006–014; Item 

IV; Docket 2007–0001; Sequence 7] 

RIN 9000–AK54 

Federal Acquisition Regulation; FAR 

Case 2006–014, Local Community 

Recovery Act of 2006 

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 

(Councils) have adopted as final, with a 

minor change to the second interim 

rule, two interim rules amending the 

Federal Acquisition Regulation (FAR) to 

implement amendments to the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act. The first interim rule 

was published in the Federal Register at 

71 FR 44546, August 4, 2006. The 

second interim rule was published in 

the Federal Register at 72 FR 63084, 

November 7, 2007. 

DATES: Effective Date: October 17, 2008. 

FOR FURTHER INFORMATION CONTACT: For 

clarification of content, contact Mr. 

William Clark, Procurement Analyst, at 

(202) 219–1813. For information 


pwalker on PROD1PC71 with RULES3
53996 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at (202) 501–4755. Please 

cite FAC 2005–27, FAR case 2006–014. 

SUPPLEMENTARY INFORMATION: 

A. Background 

This final rule amends the Federal 

Acquisition Regulation implementing 

amendments to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act at 42 U.S.C. 5150. 

The Local Community Recovery Act 

of 2006 amended the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act to authorize set-asides 

for major disaster or emergency 

assistance acquisitions to businesses 

that reside or primarily do business in 

the geographic area affected by the 

disaster or emergency. DoD, GSA, and 

NASA published an interim rule in the 

Federal Register at 71 FR 44546, August 

4, 2006, to implement this statutory 

amendment. 

Subsequently, Section 694 of the 

Department of Homeland Security 

Appropriations Act of 2007, Pub. L. 

109–295, amended the Robert T. 

Stafford Disaster Relief and Emergency 

Assistance Act to enact requirements for 

transitioning work under existing 

contracts. A second interim rule was 

published in the Federal Register at 72 

FR 63084, November 7, 2007, to address 

this statutory amendment. The second 

interim rule addressed the public 

comments received on the first interim 

rule. There were no comments received 

on the second interim rule. 

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. 

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. The rule 

implements set-asides for local 

businesses in an area affected by a major 

disaster or emergency to promote 

economic recovery. 

The set-aside does not replace the 

small business set-aside. Both set-asides 

can apply to an acquisition. The local 

set-aside encourages the use of local 

small businesses. 

The rule also implements a new 

requirement that work performed under 

contracts already in effect be 

transitioned to local area organizations, 

firms or individuals, unless the agency 

head determines it is not feasible or 

practicable. The Councils expect that 

more work will be transitioned to small 

businesses than away from them. The 

Government Accountability Office 

(GAO) report on Hurricane Katrina 

Small Business Contracts (GAO–07– 

205) found that businesses in the three 

states primarily affected by the 

hurricane received $1.9 billion, which 

was 18 percent of the $11.6 billion spent 

by DHS, GSA, DoD and the Army Corps 

of Engineers between August 1, 2005 

and June 30, 2006. Small businesses 

received 66 percent of the $1.9 billion 

awarded to those local businesses. The 

Councils believe this shows that small 

businesses would not be hurt by a local 

area set-aside. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act does 

not apply because the changes to the 

FAR do not impose information 

collection requirements that 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 5, 6, 12, 

18, 26, and 52 

Government procurement. 

Dated: September 9, 2008. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Accordingly, under the authority of 40 

U.S.C. 121, the interim rule published at 

71 FR 44546, August 4, 2006, is adopted 

as a final rule, and the interim rule 

published at 72 FR 63084, November 7, 

2007, is adopted as a final rule with the 

following change: 

PART 26—OTHER SOCIOECONOMIC 

PROGRAMS 

■ 1. The authority citation for 48 CFR 

part 26 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). 

■ 2. Revise section 26.202–2 to read as 

follows. 

26.202–2 Evaluation preference. 

The contracting officer may use an 

evaluation preference, when authorized 

in agency regulations or procedures. 

[FR Doc. E8–21387 Filed 9–16–08; 8:45 am] 

BILLING CODE 6820–EP–S 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Part 6 

[FAC 2005–27; FAR Case 2007–007; Item 

V; Docket 2008–001; Sequence 17] 

RIN 9000–AL08 

Federal Acquisition Regulation; FAR 

Case 2007–007, Additional 

Requirements for Competition 

Advocate Annual Reports 

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 

(Councils) have agreed on a final rule 

amending the Federal Acquisition 

Regulation (FAR) to require that annual 

reviews by executive agency 

competition advocates be provided in 

writing to both the agency senior 

procurement executive and the agency 

chief acquisition officer, if designated, 

and that the reports specifically address 

the quality of planning, executing, and 

managing of task and delivery orders 

over $1 million. 

DATES: Effective Date: October 17, 2008. 

FOR FURTHER INFORMATION CONTACT Mr. 

Ernest Woodson, Procurement Analyst, 

at (202) 501–3775 for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the FAR Secretariat at (202) 501–4755. 

Please cite FAC 2005–27, FAR case 

2007–007. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Administrator of the Office of 

Federal Procurement Policy (OFPP) 

issued a memorandum dated May 31, 

2007, entitled ‘‘Enhancing Competition 

in Federal Acquisition’’, to executive 

agency chief acquisition officers and 

senior procurement executives that 

outlined several initiatives for 

enhancing competition in Federal 

acquisition. The agency competition 

advocates are required to describe 

initiatives that ensure task and delivery 

orders over $1,000,000 issued under 

multiple award contracts are properly 

planned, issued, and comply with 8.405 

and 16.505 in a report to the agency 

senior procurement executive and the 


pwalker on PROD1PC71 with RULES3