53992 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

Item XIV—Technical Amendments 

Editorial changes are made at FAR 

15.404–1 and 52.212–5. 

Dated: September 9, 2008 

Al Matera, 

Director, Office of Acquisition Policy. 

Federal Acquisition Circular 

Federal Acquisition Circular (FAC) 

2005–27 is issued under the authority of 

the Secretary of Defense, the 

Administrator of General Services, and 

the Administrator for the National 

Aeronautics and Space Administration. 

Unless otherwise specified, all 

Federal Acquisition Regulation (FAR) 

and other directive material contained 

in FAC 2005–27 is effective October 17, 

2008, except for Items VII, VIII, IX, X, 

XIII, and XIV which are effective 

September 17, 2008. 

Dated: September 5, 2008. 

Shay D. Assad, 

Director, Defense Procurement and 

Acquisition Policy. 

Dated: September 8, 2008. 

David A. Drabkin, 

Senior Procurement Executive & Deputy Chief 

Acquisition Officer, Office of the Chief 

Acquisition Officer, U.S. General Services 

Administration. 

Dated: August 26, 2008. 

William P. McNally, 

Assistant Administrator for Procurement, 

National Aeronautics and Space 

Administration. 

[FR Doc. E8–21383 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 2 and 52 

[FAC 2005–27; FAR Case 2007–020; Item 

I; Docket 2008–0001; Sequence 15] 

RIN 9000–AL06 

Federal Acquisition Regulation; FAR 

Case 2007–020, Correcting Statutory 

References Related to the Higher 

Education Act of 1965 

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 correct references to 

sections of the Higher Education Act of 

1965 at FAR 2.101 and 52.2. These 

sections of the Act contain the 

definitions of minority institution and 

Hispanic-serving institution. The 

citations for these sections changed 

when the Higher Education Act of 1965 

was amended by the Higher Education 

Amendments of 1998. This final rule 

updates the FAR accordingly. 

DATES: Effective Date: October 17, 2008. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Rhonda Cundiff, Procurement Analyst, 

at (202) 501–0044, for clarification of 

content. For information pertaining to 

status or publication schedules, contact 

the Regulatory Secretariat at (202) 501– 

4755. Please cite FAC 2005–27, FAR 

case 2007–020. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The definition of ‘‘minority 

institution’’ had been found in section 

1046 of the Higher Education Act of 

1965 (HEA) and at 20 U.S.C. 1135d– 

5(3). The Higher Education 

Amendments of 1998 redesignated 

section 1046 of the HEA as section 365. 

The Hispanic-serving Institution 

Program was authorized in section 316 

of Title III of the HEA, as amended by 

1992 amendments. In the Higher 

Education Amendments of 1998, Pub. L. 

105–244, the Hispanic-serving 

institution Program was moved into 

Title V of the HEA and reenacted, in 

that title, with all the relevant 

provisions that governed that program 

while it was part of Title III of the HEA. 

This final rule reflects these changes. 

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 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 and Pub. L. 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR Parts 2 and 

52 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAC 2005–27, FAR 

case 2007–020, in correspondence.) 

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 2 and 

52 

Government procurement. 

Dated: September 9, 2008. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 2 and 52 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 2 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 2—DEFINITIONS OF WORDS 

AND TERMS 

■ 2. Amend section 2.101 in paragraph 

(b)(2) by revising the definition 

‘‘Minority Institution’’ to read as 

follows: 

2.101 Definitions. 

* * * * * 

(b) * * * 

(2) * * * 

Minority Institution means an 

institution of higher education meeting 

the requirements of Section 365(3) of 

the Higher Education Act of 1965 (20 

U.S.C. 1067k), including a Hispanicserving institution of higher education, 

as defined in Section 502(a) of the Act 

(20 U.S.C. 1101a). 

* * * * * 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 3. Amend section 52.212–5 by 

revising the date of the clause and 

paragraph (b)(11)(i) to read as follows: 

52.212–5 Contract Terms and Conditions 

Required to Implement Statutes or 

Executive Orders—Commercial Items. 

* * * * * 

CONTRACT TERMS AND CONDITIONS 

REQUIRED TO IMPLEMENT STATUTES OR 

EXECUTIVE ORDERS—COMMERCIALS 

ITEMS (OCT 2008) 

* * * * * 

(b) * * * 

ll (11)(i) 52.219–23, Notice of Price 

Evaluation Adjustment for Small 

Disadvantaged Business Concerns (OCT 

2008) (10 U.S.C. 2323)(if the offeror elects to 

waive the adjustment, it shall so indicate in 

its offer.) 

* * * * * 


pwalker on PROD1PC71 with RULES3
Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 53993 

■ 4. Amend section 52.219–23 by 

revising the date of the clause and in 

paragraph (a) the definition ‘‘Minority 

institution’’ to read as follows: 

52.219–23 Notice of Price Evaluation 

Adjustment for Small Disadvantaged 

Business Concerns. 

* * * * * 

NOTICE OF PRICE EVALUATION 

ADJUSTMENT FOR SMALL 

DISADVANTAGED BUSINESS CONCERNS 

(OCT 2008) 

(a) * * * 

Minority institution means an institution of 

higher education meeting the requirements of 

Section 365(3) of the Higher Education Act 

of 1965 (20 U.S.C. 1067k), including a 

Hispanic-serving institution of higher 

education, as defined in Section 502(a) of the 

Act (20 U.S.C. 1101a). 

* * * * * 

■ 5. Amend section 52.226–2 by 

revising the date of the provision and in 

paragraph (a) the definition ‘‘Minority 

institution’’ to read as follows: 

52.226–2 Historically Black College or 

University and Minority Institution 

Representation. 

* * * * * 

HISTORICALLY BLACK COLLEGE OR 

UNIVERSITY AND MINORITY 

INSTITUTION REPRESENTATION (OCT 

2008) 

(a) * * * 

Minority institution means an institution of 

higher education meeting the requirements of 

Section 365(3) of the Higher Education Act 

of 1965 (20 U.S.C. 1067k), including a 

Hispanic-serving institution of higher 

education, as defined in Section 502(a) of the 

Act (20 U.S.C. 1101a). 

* * * * * 

[FR Doc. E8–21384 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 2 and 19 

[FAC 2005–27; FAR Case 2008–001; Item 

II; Docket 2008–001; Sequence 12] 

RIN 9000–AL04 

Federal Acquisition Regulation; FAR 

Case 2008–001, Changing the Name of 

the Office of Small and Disadvantaged 

Business Utilization for DoD 

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 change the name of 

the ‘‘Office of Small and Disadvantaged 

Business Utilization’’ to the ‘‘Office of 

Small Business Programs’’ for the 

Department of Defense. 

DATES: Effective Date: October 17, 2008. 

FOR FURTHER INFORMATION CONTACT Ms. 

Rhonda Cundiff, Procurement Analyst, 

at (202) 501–0044 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 

2008–001. 

SUPPLEMENTARY INFORMATION: 

A. Background 

Section 904 of the National Defense 

Authorization Act for Fiscal Year 2006, 

Public Law 109–163, re-designated the 

‘‘Office of Small and Disadvantaged 

Business Utilization’’ to the ‘‘Office of 

Small Business Programs’’ for the 

Department of Defense, and the 

Departments of the Army, the Navy, and 

the Air Force. The office name change, 

as well as the change in the title of the 

director of the office, must be noted in 

the FAR. This case amends the FAR to 

make the necessary changes. 

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 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 and Public Law 98–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR Parts 2 and 

19 in accordance with 5 U.S.C. 610. 

Interested parties must submit such 

comments separately and should cite 5 

U.S.C. 601, et seq. (FAC 2005–27, FAR 

case 2008–001), in correspondence. 

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 2 and 

19 

Government procurement. 

Dated: September 9, 2008. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 2 and 19 as set 

forth below: 

■ 1. The authority citation for 48 CFR 

parts 2 and 19 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 2—DEFINITIONS OF WORDS 

AND TERMS 

■ 2. Amend section 2.101 in paragraph 

(b)(2) by adding, in alphabetical order, 

the definition ‘‘Office of Small and 

Disadvantaged Business Utilization’’ to 

read as follows: 

2.101 Definitions. 

* * * * * 

(b) * * * 

(2) * * * 

Office of Small and Disadvantaged 

Business Utilization means the Office of 

Small Business Programs when referring 

to the Department of Defense. 

* * * * * 

PART 19—SMALL BUSINESS 

PROGRAMS 

■ 3. Amend section 19.201 by revising 

the introductory text of paragraph (d) 

and paragraph (d)(1) to read as follows: 

19.201 General policy. 

* * * * * 

(d) The Small Business Act requires 

each agency with contracting authority 

to establish an Office of Small and 

Disadvantaged Business Utilization (see 

section (k) of the Small Business Act). 

For the Department of Defense, in 

accordance with the National Defense 

Authorization Act for Fiscal Year 2006 

(Public Law 109–163), the Office of 

Small and Disadvantaged Business 

Utilization has been redesignated as the 

Office of Small Business Programs. 

Management of the office shall be the 

responsibility of an officer or employee 

of the agency who shall, in carrying out 

the purposes of the Act— 

(1) Be known as the Director of Small 

and Disadvantaged Business Utilization, 

or for the Department of Defense, the 

Director of Small Business Programs; 

* * * * * 

■ 3. Amend section 19.702 by revising 

the second and third sentences of 

paragraph (d) to read as follows: 


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