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: 


pwalker on PROD1PC71 with RULES3
53994 Federal Register / Vol. 73, No. 181 / Wednesday, September 17, 2008 / Rules and Regulations 

19.702 Statutory requirements. 

* * * * * 

(d) * * * However, the mentor-prote ́ge ́

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/mentorlprotege/. 

[FR Doc. E8–21385 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 4, 8, 9, 18, 44, and 52 

[FAC 2005–27; FAR Case 2007–015; Item 

III; Docket 2008–0001; Sequence 16] 

RIN 9000–AK96 

Federal Acquisition Regulation; FAR 

Case 2007–015, Administrative 

Changes to the FPI Blanket Waiver and 

the JWOD Program Name 

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 increase the blanket 

waiver threshold for small dollar-value 

purchases from Federal Prison 

Industries (FPI) by Federal agencies and 

to change the name of the JWOD 

Program to the AbilityOne Program. 

DATES: Effective Date: October 17, 2008. 

FOR FURTHER INFORMATION CONTACT Mr. 

William Clark, Procurement Analyst, at 

(202) 219–1813 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 

2007–015. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The FPI Board of Directors recently 

revised its 2003 resolution to increase 

the blanket waiver threshold for small 

dollar-value purchases from FPI by 

Federal agencies. A revision to an 

earlier resolution adopted by the FPI 

Board provides that the increased dollar 

threshold necessary to obtain FPI 

clearance would become effective upon 

the publication of appropriate 

modification to the FAR. 

This final rule amends the FAR to 

reflect the threshold increase from 

$2,500 to $3,000. No waiver is required 

to buy from an alternative source below 

$3,000. Customers may, however, still 

purchase from FPI at, or below, this 

threshold, if they so choose. 

The Committee for Purchase From 

People Who Are Blind or Severely 

Disabled, which administers the JavitsWagner-O’Day Act, has changed its 

program name to the AbilityOne 

Program (formerly JWOD Program). The 

Committee changed the program’s name 

to the AbilityOne Program through the 

Federal Register on November 27, 2006 

(71 FR 68492). This final rule will 

update the name of the program for all 

occurrences in the FAR. 

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. The final rule 

does not constitute a significant FAR 

revision within the meaning of FAR 

1.501 and Pub. L. 99–577, and 

publication for public comments is not 

required. However, the Councils will 

consider comments from small entities 

concerning the affected FAR parts 4, 8, 

9, 18, 44 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 2007–015), 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 4, 8, 9, 

18, 44, and 52 

Government procurement. 

Dated: September 9, 2008. 

Al Matera, 

Director, Office of Acquisition Policy. 

■ Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 4, 8, 9, 18, 44, and 

52 as set forth below: 

■ 1. The authority citation for 48 CFR 

parts 4, 8, 9, 18, 44, 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 4—ADMINISTRATIVE MATTERS 

4.602 [Amended] 

■ 2. Amend section 4.602 paragraph 

(a)(2) by removing ‘‘and nonprofit 

agencies’’ and adding ‘‘and AbilityOne 

nonprofit agencies’’ in its place. 

4.606 [Amended] 

■ 3. Amend section 4.606 paragraph 

(c)(3) by removing ‘‘JWOD’’ and adding 

‘‘AbilityOne’’ in its place. 

PART 8—REQUIRED SOURCES OF 

SUPPLIES AND SERVICES 

■ 4. Amend section 8.602 by revising 

the introductory text of paragraph (c) 

and paragraph (c)(1) to read as follows. 

8.602 Policy. 

* * * * * 

(c) In some cases where FPI and an 

AbilityOne participating nonprofit 

agency produce identical items (see 

8.603), FPI grants a waiver to permit the 

Government to purchase a portion of its 

requirement from the AbilityOne 

participating nonprofit agency. When 

this occurs, the portion of the 

requirement for which FPI has granted 

a waiver— 

(1) Shall be purchased from the 

AbilityOne participating nonprofit 

agency using the procedures in Subpart 

8.7; and 

* * * * * 

■ 5. Amend section 8.603 by revising 

the introductory paragraph; and 

removing from paragraphs (a)(2) and 

(b)(1) ‘‘JWOD’’ and adding ‘‘AbilityOne’’ 

in its place. 

8.603 Purchase priorities. 

FPI and nonprofit agencies 

participating in the AbilityOne Program 

under the Javits-Wagner-O’Day Act (see 

Subpart 8.7) may produce identical 

supplies or services. When this occurs, 

ordering offices shall purchase supplies 

and services in the following priorities: 

* * * * * 

8.605 [Amended] 

■ 6. Amend section 8.605 by removing 

from paragraph (e) ‘‘$2,500’’ and adding 

‘‘$3,000’’ in its place. 

■ 7. Revise section 8.700 to read as 

follows: 

8.700 Scope of subpart. 

This subpart prescribes the policies 

and procedures for implementing the 

Javits-Wagner-O’Day Act (41 U.S.C. 46– 


pwalker on PROD1PC71 with RULES3