[Federal Register Volume 73, Number 181 (Wednesday, September 17, 2008)]
[Rules and Regulations]
[Pages 53993-53994]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-21385]


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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.

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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.

0
Therefore, DoD, GSA, and NASA amend 48 CFR parts 2 and 19 as set forth 
below:
0
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

0
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

0
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;
* * * * *
0
3. Amend section 19.702 by revising the second and third sentences of 
paragraph (d) to read as follows:

[[Page 53994]]

19.702   Statutory requirements.

* * * * *
    (d) * * * However, the mentor-prot[eacute]g[eacute] agreement must 
have been approved by the Director, Small Business Programs of the 
cognizant DoD military department or defense agency, before 
developmental assistance costs may be credited against subcontract 
goals. A list of approved agreements may be obtained at http://www.acq.osd.mil/osbp/mentor_protege/.
[FR Doc. E8-21385 Filed 9-16-08; 8:45 am]
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