61746 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

DEPARTMENT OF DEFENSE 

GENERAL SERVICES 

ADMINISTRATION 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

48 CFR Parts 1, 2, 4, 12, 14, 15, 19, 22, 

26, 36, 52, and 53 

[FAC 2005–77; FAR Case 2009–016; Item 

I; Docket 2011–0090, Sequence 1] 

RIN 9000–AM05 

Federal Acquisition Regulation; 

Federal Contracting Programs for 

Minority-Owned and Other Small 

Businesses 

AGENCIES: Department of Defense (DoD), 

General Services Administration (GSA), 

and National Aeronautics and Space 

Administration (NASA). 

ACTION: Final rule. 

SUMMARY: DoD, GSA, and NASA are 

issuing a final rule amending the 

Federal Acquisition Regulation (FAR) to 

remove certain coverage involving 

procurements with small disadvantaged 

business (SDB) concerns and certain 

institutions of higher education that is 

based on authority which has expired 

and been found to be unconstitutional 

by the Court of Appeals for the Federal 

Circuit. These changes harmonize the 

FAR with current statutory authorities. 

DATES: Effective: October 14, 2014. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Mahruba Uddowla, Procurement 

Analyst, at 703–605–2868, for 

clarification of content. For information 

pertaining to status or publication 

schedules, contact the Regulatory 

Secretariat at 202–501–4755. Please cite 

FAC 2005–77, FAR Case 2009–016. 

SUPPLEMENTARY INFORMATION: 

I. Background 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 

76 FR 55849 on September 9, 2011, to 

remove certain procurement 

mechanisms authorized by section 1207 

of the National Defense Authorization 

Act for Fiscal Year (FY) 1987, Public 

Law 99–661, (10 U.S.C. 2323) from the 

FAR. The basis for this action is the U.S. 

Court of Appeals for the Federal 

Circuit’s ruling on November 4, 2008, 

which found the current 10 U.S.C. 2323 

to be unconstitutional. Rothe 

Development Corp. v. U.S. Department 

of Defense, et al, 545 F.3d 1023 (Fed. 

Cir. 2008) (Rothe). On February 27, 

2009, the United States District Court, 

Western District of Texas, San Antonio 

(the Court), pursuant to instructions 

from the U.S. Court of Appeals for the 

Federal Circuit, declared the current 10 

U.S.C. 2323 unconstitutional and 

enjoined its further application in DoD, 

U.S. Coast Guard, and NASA 

procurements. Rothe Development Corp. 

v. U.S. Department of Defense, SA–98– 

CV–1011–XR (W.D. TX), 606 F.Supp.2d 

648 (W.D.Tex., 2009). 

The Court’s injunction, coupled with 

the expiration of the law on September 

30, 2009, necessitates the removal of all 

language in the FAR deriving its 

authority solely from 10 U.S.C. 2323. 

This includes FAR subpart 19.11, Price 

Evaluation Adjustment for Small 

Disadvantaged Business Concerns, and 

FAR subpart 19.12, Small 

Disadvantaged Business Participation 

Program. However, the other policies, 

practices, and programs that agencies 

have been relying on to encourage SDB 

participation in the Federal marketplace 

since the Court of Appeals decision in 

Rothe remain in full effect, including 

the Government-wide goal of awarding 

not less than five percent of Federal 

contracting dollars to SDBs for both 

prime and subcontract awards, as 

required by section 15(g) of the Small 

Business Act, Public Law 85–536, as 

amended, (15 U.S.C. 644(g)). 

In addition, section 8(d)(4)(E) of the 

Small Business Act (15 U.S.C. 

637(d)(4)(E)) authorizes Federal 

agencies to provide incentives for 

encouraging prime contractors to 

subcontract with any type of small 

business, which includes SDBs, 

qualified Historically Underutilized 

Business Zone (HUBZone) small 

businesses, veteran-owned small 

businesses, service-disabled veteranowned small businesses (SDVOSBs), 

and women-owned small businesses 

(WOSBs). To mirror the statutory 

authority’s coverage of all small 

businesses, the FAR’s coverage allowing 

monetary incentives for businesses 

subcontracting with SDBs (currently in 

FAR 19.1203) has been incorporated 

into the overall incentive subcontracting 

program at FAR subpart 19.7. This 

provision, along with the accompanying 

FAR clause 52.219–10, Incentive 

Subcontracting Program (authorized to 

be included in Federal solicitations and 

contracts that require subcontracting 

plans), provide guidance for the use of 

incentives to encourage prime 

contractors to expand their 

subcontracting opportunities with all 

small businesses, including SDBs. 

The procurement mechanism found 

in FAR 19.1202, which allows an SDB 

to receive credit as an evaluation factor 

or subfactor during source selection for 

its status as an SDB when competing for 

a prime contract, is deleted in its 

entirety as its authority derived solely 

from 10 U.S.C. 2323. However, there is 

nothing in this final rule that precludes 

an agency from using evaluation factors 

and subfactors for subcontracting. Small 

Business Administration’s (SBA) 

regulations (13 CFR 125.3(g)) allow the 

use of small business as an evaluation 

factor or subfactor for an offeror’s 

proposed approach to subcontracting 

with any small businesses, including 

SDBs, WOSBs, HUBZone small 

businesses, and SDVOSBs. As part of a 

recently opened FAR case 2014–003, 

Small Business Subcontracting 

Improvements, to implement sections 

1321 and 1322 of the Small Business 

Jobs Act, including SBA’s regulations 

relating to these sections, the Civilian 

Agency Acquisition Council and the 

Defense Acquisition Regulations 

Council (the Councils) are conferring 

with SBA to consider if it would be 

helpful to develop guidance in the FAR 

regarding the use of such source 

selection factors and subfactors. 

To clarify the purpose and intent of 

this FAR change, Office of Federal 

Procurement Policy (OFPP) held 

outreach sessions with internal and 

external stakeholders of the small 

disadvantaged business community to 

discuss concerns, dispel misconceptions 

about the rule, clarify the basis of the 

change, and restate available programs 

and existing obligations under the Small 

Business Act. 

II. Discussion and Analysis 

The Councils reviewed the comments 

in the development of the final rule. A 

discussion of the comments and the 

changes made to the rule as a result of 

those comments are provided as 

follows: 

A. Summary of Significant Changes 

The changes made to the proposed 

rule reflected in the final rule are 

summarized as follows: 

• The definition of a ‘‘small 

disadvantaged business concern’’ at 

FAR 2.101(b)(2), 52.219–1(a), and 

52.219–8(a), has been clarified, and 

added to 52.212–3(a); 

• The definition of ‘‘historically black 

college or university’’ at FAR 2.101 and 

52.226–2 has been amended to delete 

the inclusion of nonprofit research 

institutions that were an integral part of 

such a college or university before 

November 14, 1986, from the definition. 

• FAR 19.000(a)(8), which was 

inadvertently omitted in the proposed 

rule, has been partially reinstated; 

• FAR 19.304 and 19.305 have been 

revised to ensure the guidance is 

aligned with the subject matter of these 

sections; 

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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 61747 

• FAR 19.1307(d) and FAR 52.219– 

4(b)(3) have been removed; 

• The definitions included at FAR 

52.219–1(c), and 52.219–8(c) were 

moved to 52.219–1(a) and 52.219–8(a), 

respectively; 

• FAR 52.219–9(l)(2)(iii) and its 

Alternate III (l)(2)(iii) Requirement for 

the Year-End Supplementary Report for 

Small Disadvantaged Businesses, have 

been removed; and 

• The Standard Form 294, 

Subcontracting Report for Individual 

Contracts, has been revised. Prime 

contractors under DoD and the U.S. 

Coast Guard contracts will no longer 

count subcontract awards to Historically 

Black Colleges and Universities and 

Minority Institutions towards their 

small disadvantaged business goal. Only 

NASA, pursuant to its unique statutory 

authority at 51 U.S.C. 30304, will 

continue to credit Historically Black 

Colleges and Universities and Minority 

Institutions subcontracting data as part 

of its small disadvantaged business goal. 

• FAR 53.302–312, Optional Form 

312, Small Disadvantaged Business 

(SDB) Participation Report, has been 

removed. 

B. Analysis of Public Comments 

1. General Support for the Proposed 

Rule 

a. Fully Supports the Rule 

Comment: One respondent expressed 

support for the rule, noting that the 

proposed amendments reflect policy 

changes Federal agencies have already 

put into effect pursuant to the Court’s 

decision in Rothe. The respondent also 

pointed out that the proposed rule does 

not affect the Government-wide five 

percent SDB goal for prime contracts 

and subcontracts mandated by section 

15(g) of the Small Business Act. 

Response: The Councils acknowledge 

receipt of this comment. 

b. Support for All SDBs 

Comment: One respondent 

specifically acknowledged the impact 

the Federal Government has in 

promoting SDBs. Though it is 

understood that removing the SDB price 

adjustment has little practical effect on 

SDBs, the respondent urged the 

Government to support all SDBs as they 

grow their businesses. Further, the 

respondent reminded the Councils of 

the unique relationship between the 

United States and its indigenous people 

and asked that the trust responsibility 

for Native Americans and the 

government-to-government relationship 

continue to be honored. 

Response: The Councils acknowledge 

receipt of this comment. 

2. Removal of Barriers to SDB 

Participation in Federal Procurement 

Comment: While recognizing that the 

Court’s decision in Rothe may 

necessitate some changes to the FAR, 

many respondents stated that minority 

contracting programs that assist SDBs 

and women-owned businesses are 

entirely constitutional and should be 

maintained. They stated that minority 

contracting programs serve to remedy 

historical patterns of discrimination in 

Federal procurement and are narrowly 

tailored to serve this purpose. The 

respondents noted that despite 

concerted efforts to address 

procurement disparities for SDBs, 

minority, and women-owned businesses 

by the Federal Government, 

discrimination persists in Federal 

procurement and, therefore, they asked 

the Councils to take into consideration 

the compelling interest of contracting 

preferences. 

Response: This rule is limited only to 

contracting programs that were 

authorized solely by 10 U.S.C. 2323. 

Programs created to assist businesses 

owned by socially and economically 

disadvantaged individuals that were not 

based solely on this legal authority are 

unaffected by this rule. For instance, 

section 8(a) of the Small Business Act 

(Pub. L. 85–536, as amended, (15 U.S.C. 

637(a)), otherwise known as the ‘‘8(a) 

Program’’ is a tool used to assist socially 

and economically disadvantaged 

businesses to develop their company’s 

ability to compete for Federal 

contracting opportunities. The 8(a) 

Program is, and continues to be, 

successful in assisting small businesses 

as well as a means for Federal agencies 

to achieve the statutory goal for prime 

contract awards to SDBs. 

3. Concerns Related to Rule 

a. Ability To Achieve the Five Percent 

Goal 

Comment: Several respondents, who 

thought that the rule removes the five 

percent statutory goal for contracting 

with SDBs, expressed concern that the 

rule will likely end programs that are 

beneficial to disadvantaged businesses, 

and potentially place all small business 

programs in jeopardy by removing 

agency accountability. 

Response: The final rule does not, in 

any way, alter the Governmentwide goal 

of participation by SDBs of not less than 

five percent of the total value of all 

prime contract and subcontract awards 

each fiscal year. In addition, the 

policies, practices, and programs that 

agencies have been relying on since the 

Court of Appeals decision in Rothe and 

the expiration of the statute to achieve 

SDB participation, including contracting 

officers’ authority to continue making 

set-aside awards to SDBs who are 

participants in SBA’s 8(a) business 

development program, remain in full 

effect. Agencies have successfully used 

these authorities to provide meaningful 

opportunities for SDBs. 

b. Retention of Price Evaluation 

Adjustment Authority 

Comment: A number of respondents 

expressed concern regarding the 

removal of FAR subpart 19.11, which 

gave DoD, the United States Coast Guard 

(USCG), and NASA the authority to 

apply the Price Evaluation Adjustment 

(PEA). The respondents stated that 

doing so will deny SDBs the maximum, 

practicable opportunity to be considered 

for Federal contract awards. Further, the 

respondents pointed out that because 

the PEA had not been used in a decade 

was no justification to delete it. 

Response: Section 801 of the National 

Defense Authorization Act for FY 1999, 

(Pub. L. 105–261) amended 10 U.S.C. 

2323 by mandating that the Secretary of 

Defense suspend the PEA if DoD 

achieved the five percent SDB goal in 

the previous fiscal year. DoD has met or 

exceeded the five percent SDB goal 

since FY 2001; therefore, in accordance 

with the mandate, DoD suspended the 

use of the PEA. 

In addition, the Court’s decision in 

Rothe, coupled with the subsequent 

expiration of 10 U.S.C. 2323 on 

September 30, 2009, requires the 

permanent removal of the statutory 

basis for the PEA for DoD, USCG, and 

NASA. 

c. Retention of SDB Subcontracting 

Incentive 

Comment: Some respondents 

expressed concern regarding the 

removal of the incentive subcontracting 

program for SDB concerns. One 

respondent remarked that the preamble 

of the Federal Register notice indicates 

that FAR 19.1203, ‘‘Incentive 

subcontracting with small 

disadvantaged business concerns’’ has 

been retained but moved to FAR subpart 

19.7; however, the list of proposed 

amendments indicates that FAR subpart 

19.12 has been deleted with no 

corresponding amendments to FAR 

subpart 19.7. Since Rothe did not 

nullify the basis for FAR subpart 19.12, 

FAR subpart 19.12 should not be 

removed unless, and until, an 

amendment to FAR subpart 19.7 

implementing the suggested realignment 

has been executed. 

Response: The authority to use 

monetary incentives to increase 

subcontracting opportunities for SDBs 

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61748 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

remains in the FAR; however, it was 

relocated to FAR subpart 19.7. The 

clause at 52.219–10 has also been 

amended accordingly. By doing so, the 

SDB incentive provisions are now 

aligned with other subcontracting 

incentives authorized under section 

8(d)(4)(E) of the Small Business Act, as 

amended, (15 U.S.C. 637(d)(4)(E)). 

d. Removal of SDB Evaluation Factors 

and Subfactors 

Comment: Some respondents 

expressed concern regarding the 

removal of FAR 19.1202, which 

established a requirement for 

contracting officers to use an evaluation 

factor or subfactor to assess the 

participation of SDB concerns during 

contract performance when formulating 

the contract award decision. The 

respondents stated that the proposed 

FAR changes would have a negative 

impact on SDBs seeking prime contract 

awards, foster an environment that 

discourages business relationships 

between large prime contractors and 

SDBs, and further weaken SDBs’ ability 

to compete for Federal contracts. 

Response: It is necessary to remove 

FAR subpart 19.12 to accommodate the 

Court’s decision in Rothe and the fact 

that the underlying statutory authority 

for the specific procurement 

mechanisms in FAR subpart 19.12 has 

expired. However, there is nothing in 

this rulemaking that precludes an 

agency from using evaluation factors 

and subfactors during source selection 

to ascertain the commitment of the 

offeror to the small business 

community, to include SDBs. 

4. Focus of the Rule 

a. Other Socioeconomic Programs 

Comment: A few respondents noted 

that the proposed revisions to the FAR 

were written to address only section 

1207. Some of these respondents argued 

that the issues addressed in Rothe also 

make the SBA 8(a) and 8(d) programs 

indefensible. In addition, they argued 

that Rothe challenges the 

constitutionality of setting aside 

contracts under the AbilityOne and 

Randolph Sheppard programs and to 

concerns owned by Alaska Native 

Corporations. These respondents 

concluded that the FAR rule needs to 

address these issues. 

Response: The Court’s decision in 

Rothe was specifically limited to the 

constitutionality of section 1207 of the 

National Defense Authorization Act for 

FY 1987. The Court’s decision did not 

address the merits of other statutorilymandated programs. Sections 8(a) and 

8(d) of the Small Business Act, as well 

as the AbilityOne and Randolph 

Sheppard programs, are not within the 

purview of 10 U.S.C. 2323 and, 

therefore, are not the subject matter of 

this rule. 

b. Disparity Studies 

Comment: One respondent suggested 

that the Administration should address 

historical and present discrimination in 

Federal contracting practices by 

conducting the disparate impact studies 

referenced in the court decision 

Adarand Constructors, Inc. v. Pena, 

Secretary of Transportation, et al. The 

respondent recommended that any 

remedies the Administration 

implements should be based on the 

result of those studies. 

Response: The comment is addressed 

to constitutionality standards; however, 

the scope of this rule is limited to 

harmonizing the FAR with current 

statutory authority. 

5. Impact of the Rule on Historically 

Black Colleges and Universities 

(HBCUs) and Minority Institutions (MIs) 

Comment: A few respondents 

expressed concern regarding the impact 

of a Defense Federal Acquisition 

Regulations Supplement (DFARS) 

deviation regarding HBCUs and MIs. 

The respondents stated the changes will 

eliminate small disadvantaged business 

credits for prime contractors who 

subcontract with HBCUs and MIs. This 

in turn could reduce the incentives for 

prime contractors to award subcontracts 

to HBCUs and MIs. The respondents 

cautioned that DoD must ensure that the 

proposed rule does not inadvertently 

impede its current efforts to implement 

10 U.S.C. 2362 objectives (e.g., engage 

prime contractors and small businesses 

in partnership with HBCUs and MIs as 

a way of increasing the schools’ 

research, development, test, and 

engineering involvement). 

Response: This rule implements 

changes needed to conform the FAR to 

the Court’s decision in Rothe and the 

expiration of 10 U.S.C. 2323. The issues 

raised by these respondents involve 

statutes that are external to the Rothe 

decision and address DFARS 

regulations rather than the FAR and, 

therefore, are outside the scope of this 

rule. 

6. Technical Clarifications 

Comment: One respondent noticed a 

number of technical errors in the rule: 

(1) The respondent questioned the 

requirement at FAR 12.303(b)(1), which 

requires the contracting officer to use a 

continuation sheet to provide the 

incentive subcontracting percentage in 

Block 10 of the Standard Form (SF) 

1449, ‘‘Solicitation/Contract/Order For 

Commercial Items.’’ The respondent 

stated this requirement was unnecessary 

since the contracting officer is already 

required to provide the same 

information when using FAR 52.219–10; 

(2) The respondent noticed that 

paragraph (a)(8) was inadvertently 

omitted when the paragraphs in the 

Scope section of part 19 were 

renumbered; and (3) The respondent 

commented that the clarification at 

19.1307(d) and 52.219–4(b)(3) was 

unnecessary and potentially confusing. 

The respondent recommended either 

deleting the paragraphs entirely, or 

including a clearer explanation of the 

mechanics of the historically 

underutilized business zone (HUBZone) 

price evaluation preference. 

Response: (1) The guidance at FAR 

12.303(b)(1) must remain. FAR 52.219– 

10 can be incorporated into solicitations 

and contracts by reference, in which 

case the contracting officer must use the 

SF 1449 in order to provide the 

subcontracting incentive percentage. 

(2) FAR 19.000 Scope, paragraph 

(a)(8) has not been removed but instead 

modified to remove the reference to the 

PEA for small disadvantaged businesses. 

(3) FAR 19.1307(d) and FAR 52.219– 

4(b)(3) have been deleted. FAR 

19.1307(d) and the clause at 52.219– 

4(b)(3) were originally used to clarify 

that an offeror could receive both the 

HUBZone price evaluation preference 

and the SDB PEA, if eligible, under the 

same solicitation. However, the removal 

of the SDB PEA renders this guidance 

unnecessary. 

(4) FAR 53.302–312, Optional Form 

312, Small Disadvantaged Business 

(SDB) Participation Report, has been 

removed. 

(5) Standard Form 294, 

Subcontracting Report for Individual 

Contracts, has been revised to remove 

the HBCU/MI subcontracting data 

collection requirement for DoD and 

USCG since the collection of this data 

resided in 10 U.S.C. 2323. However, 

under a separate law, 51 U.S.C. 30304, 

NASA is still required to collect HBCU/ 

MI subcontracting data. The revised 

form reflects this distinction. 

III. Executive Orders 12866 and 13563 

Executive Orders (E.O.s) 12866 and 

13563 direct agencies to assess all costs 

and benefits of available regulatory 

alternatives and, if regulation is 

necessary, to select regulatory 

approaches that maximize net benefits 

(including potential economic, 

environmental, public health and safety 

effects, distributive impacts, and 

equity). E.O. 13563 emphasizes the 

importance of quantifying both costs 

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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 61749 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This is a significant 

regulatory action and, therefore, was 

subject to review under section 6(b) of 

E.O. 12866, Regulatory Planning and 

Review, dated September 30, 1993. This 

rule is not a major rule under 5 U.S.C. 

804. 

IV. Regulatory Flexibility Act 

DoD, GSA, and NASA have prepared 

a Final Regulatory Flexibility Analysis 

(FRFA) consistent with the Regulatory 

Flexibility Act, 5 U.S.C. 601, et seq. The 

FRFA is summarized as follows: 

DoD, GSA, and NASA published a 

proposed rule in the Federal Register at 76 

FR 55849 on September 9, 2011, to remove 

certain procurement mechanisms authorized 

by section 1207 of the National Defense 

Authorization Act for Fiscal Year (FY) 1987, 

Pub. L. 99–661, (10 U.S.C. 2323) from the 

Federal Acquisition Regulation (FAR). The 

basis for this action is the U.S. Court of 

Appeals for the Federal Circuit’s ruling on 

November 4, 2008, which found the current 

10 U.S.C. 2323 to be unconstitutional. On 

February 27, 2009, the United States District 

Court, Western District of Texas, San Antonio 

(the Court), pursuant to instructions from the 

U.S. Court of Appeals for the Federal Circuit, 

declared the current 10 U.S.C. 2323 

unconstitutional and enjoined its further 

application in DoD, U.S. Coast Guard, and 

NASA procurements. 

As a result of the District Court’s 

injunction of 10 U.S.C. 2323, and the 

subsequent expiration of the law on 

September 30, 2009, there no longer is a 

statutory basis for a unique DoD, USCG, and 

NASA Small Disadvantaged Business 

Participation Program. 

The final rule amends the FAR to remove 

language based on the expired statutory 

authority at 10 U.S.C. 2323. 

This rule will apply to SDBs seeking to 

obtain prime contracts with the Federal 

Government and subcontracts with the 

Federal prime contractors. There are 

approximately 24,490 SDBs currently listed 

in the Central Contractor Registration that 

could potentially be affected. 

Although there were no significant issues 

raised by the public regarding the Initial 

Regulatory Flexibility Analysis, several 

respondents commented that the removal of 

FAR subparts 19.11 and 19.12 would deny 

small disadvantaged businesses the 

maximum, practicable opportunity to be 

considered for Federal contract awards. The 

final rule reiterates that contracting programs 

authorized by 10 U.S.C. 2323 were found 

unconstitutional, and the statute expired 

September 30, 2009. Therefore, the FAR must 

be amended to reflect the current statutory 

environment. These amendments are 

expected to have negligible effect on SDBs as 

the price evaluation adjustment at issue has 

not been used for approximately a decade. 

The rule imposes no new reporting or 

recordkeeping requirements for any small 

business or small entity. Pursuant with this 

final rule, Federal agencies will no longer be 

authorized to apply certain procurement 

mechanisms (FAR subparts 19.11 and 19.12) 

that had offered a benefit for SDB prime 

awards. 

Interested parties may obtain a copy 

of the FRFA from the Regulatory 

Secretariat. The Regulatory Secretariat 

has submitted a copy of the FRFA to the 

Chief Counsel for Advocacy of the Small 

Business Administration. 

V. Paperwork Reduction Act 

The final rule does not contain any 

information collection requirements that 

require the approval of the Office of 

Management and Budget under the 

Paperwork Reduction Act (44 U.S.C. 

chapter 35). The rule removes FAR 

coverage at FAR subparts 19.11 and 

19.12, and the corresponding clauses at 

FAR 52.219–22, Small Disadvantaged 

Business Status, FAR 52.219–23, Notice 

of Price Evaluation Adjustment for 

Small Disadvantaged Business 

Concerns, FAR 52.219–24, Small 

Disadvantaged Business Participation 

Program-Targets, FAR 52.219–25, Small 

Disadvantaged Business Participation 

Program-Disadvantaged Status and 

Reporting, and FAR 52.219–26, Small 

Disadvantaged Business Participation 

Program-Incentive Subcontracting. This 

rule also removes the Optional Form 

312, Small Disadvantaged Business 

(SDB) Participation Report. With these 

changes, the information collection 

associated with this rule under OMB 

Control number 9000–0150 will be 

removed, reducing the information 

collection burden imposed by the 

Federal Government on the public by 

15,000 burden hours. 

This rule will also change the 

information collection methodology for 

subcontracting. As a result, the 

information collection burden imposed 

by the Federal Government on the 

public by the Federal Government 

associated with OMB Control numbers 

9000–0006 and 9000–0007 will be 

reduced by approximately 741,903 and 

178,402 hours respectively. 

No action is required to remove any 

hours related to the data collection 

requirement for the Year End 

Supplementary Report for Small 

Disadvantaged Businesses identified at 

FAR 52.219–9(l)(2)(iii) and Alternate III 

of the same clause, since these reporting 

requirements are not associated with 

any current OMB information collection 

clearances. 

List of Subjects in 48 CFR Parts 1, 2, 4, 

12, 14, 15, 19, 22, 26, 36, 52, and 53 

Government procurement. 

Dated: September 30, 2014. 

William Clark, 

Acting Director, Office of Government-Wide 

Acquisition Policy, Office of Acquisition 

Policy, Office of Government-Wide Policy. 

Therefore, DoD, GSA, and NASA 

amend 48 CFR parts 1, 2, 4, 12, 14, 15, 

19, 22, 26, 36, 52, and 53 as set forth 

below: 

■ 1. The authority citation for 48 CFR 

parts 1, 2, 4, 12, 14, 15, 19, 22, 26, 36, 

52, and 53 continues to read as follows: 

Authority: 40 U.S.C. 121(c); 10 U.S.C. 

chapter 137; and 51 U.S.C. 20113. 

PART 1—FEDERAL ACQUISITION 

REGULATIONS SYSTEM 

1.106 [Amended] 

■ 2. Amend section 1.106 in the table 

following the introductory text, by 

removing FAR segments ‘‘19.12’’, 

‘‘52.219–22’’, ‘‘52.219–23’’, and 

‘‘52.219–25’’ and their corresponding 

OMB Control Number ‘‘9000–0150’’. 

PART 2—DEFINITIONS OF WORDS 

AND TERMS 

■ 3. Amend section 2.101 in paragraph 

(b)(2), in the definition ‘‘Historically 

black college or university’’ by removing 

the last sentence; and revising the 

definition ‘‘Small disadvantaged 

business concern’’ to read as follows: 

2.101 Definitions. 

* * * * * 

(b) * * * 

(2) * * * 

Small disadvantaged business 

concern, consistent with 13 CFR 

124.1002, means a small business 

concern under the size standard 

applicable to the acquisition, that 

(1) Is at least 51 percent 

unconditionally and directly owned (as 

defined at 13 CFR 124.105) by— 

(i) One or more socially 

disadvantaged (as defined at 13 CFR 

124.103) and economically 

disadvantaged (as defined at 13 CFR 

124.104) individuals who are citizens of 

the United States; and 

(ii) Each individual claiming 

economic disadvantage has a net worth 

not exceeding $750,000 after taking into 

account the applicable exclusions set 

forth at 13 CFR 124.104(c)(2); and 

(2) The management and daily 

business operations of which are 

controlled (as defined at 13 CFR 

124.106) by individuals who meet the 

criteria in paragraphs (1)(i) and (ii) of 

this definition. 

* * * * * 

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61750 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

PART 4—ADMINISTRATIVE MATTERS 

4.1202 [Amended] 

■ 4. Amend section 4.1202 by removing 

and reserving paragraph (k). 

PART 12—ACQUISITION OF 

COMMERCIAL ITEMS 

12.301 [Amended] 

■ 5. Amend section 12.301 by removing 

the last sentence from paragraph (b)(2). 

■ 6. Amend section 12.303 by revising 

paragraph (b)(1) to read as follows: 

12.303 Contract format. 

* * * * * 

(b) * * * 

(1) Block 10 if an incentive 

subcontracting clause is used (the 

contracting officer shall indicate the 

applicable percentage); 

* * * * * 

PART 14—SEALED BIDDING 

14.502 [Amended] 

■ 7. Amend section 14.502 by removing 

paragraph (b)(4); redesignating 

paragraphs (b)(5) through (8) as 

paragraphs (b)(4) through (7), 

respectively; and removing from the 

newly designated paragraph (b)(5) 

‘‘Subpart’’ and adding ‘‘subpart’’ in its 

place. 

PART 15—CONTRACTING BY 

NEGOTIATION 

15.304 [Amended] 

■ 8. Amend section 15.304 by removing 

paragraph (c)(4); and redesignating 

paragraphs (c)(5) and (6) as paragraphs 

(c)(4) and (5), respectively. 

■ 9. Amend section 15.305 by revising 

paragraph (a)(2)(v) and removing from 

paragraph (a)(5) ‘‘(c)(5)’’ and adding 

‘‘(c)(4)’’ in its place. 

The revision reads as follows: 

15.305 Proposal evaluation. 

(a) * * * 

(2) * * * 

(v) The evaluation should include the 

past performance of offerors in 

complying with subcontracting plan 

goals for small disadvantaged business 

(SDB) concerns (see subpart 19.7). 

* * * * * 

■ 10. Amend section 15.503 by— 

■ a. Revising the introductory text of 

paragraph (a)(2)(i); 

■ b. Removing paragraph (a)(2)(i)(B); 

and 

■ c. Redesignating paragraphs 

(a)(2)(i)(C) through (E) as paragraphs 

(a)(2)(i)(B) through (D), respectively. 

The revision reads as follows: 

15.503 Notifications to unsuccessful 

offerors. 

(a) * * * 

(2) * * * 

(i) In addition to the notice in 

paragraph (a)(1) of this section, the 

contracting officer shall notify each 

offeror in writing prior to award and 

upon completion of negotiations and 

determinations of responsibility— 

* * * * * 

PART 19—SMALL BUSINESS 

PROGRAMS 

■ 11. Amend section 19.000 by— 

■ a. Revising paragraphs (a) 

introductory text and (a)(8); 

■ b. Removing paragraphs (a)(9) and 

(10); and 

■ c. Redesignating paragraphs (a)(11) 

and (12) as paragraphs (a)(9) and (10), 

respectively. 

The revisions read as follows: 

19.000 Scope of part. 

(a) This part implements the 

acquisition-related sections of the Small 

Business Act (15 U.S.C. 631, et seq.), 

applicable sections of the Armed 

Services Procurement Act (10 U.S.C. 

2302, et seq.), 41 U.S.C. 3104, and 

Executive Order 12138, May 18, 1979. It 

covers— 

* * * * * 

(8) The use of a price evaluation 

preference for HUBZone small business 

concerns; 

* * * * * 

19.201 [Amended] 

■ 12. Amend section 19.201 by— 

■ a. Removing paragraph (b); 

■ b. Redesignating paragraphs (c) 

through (f) as paragraphs (b) through (e), 

respectively; 

■ c. Removing from the newly 

designated paragraph (c)(12) ‘‘(d)(11)’’ 

and adding ‘‘(c)(11)’’ in its place; and 

■ d. Removing newly designated 

paragraph (e). 

19.202–6 [Amended] 

■ 13. Amend section 19.202–6 by 

removing paragraph (a)(3) and 

redesignating paragraphs (a)(4) through 

(6) as paragraphs (a)(3) through (5), 

respectively. 

■ 14. Revise section 19.304 to read as 

follows: 

19.304 Small disadvantaged business 

status. 

(a) The contracting officer may accept 

an offeror’s representation that it is a 

small disadvantaged business concern 

(SDB) concern. 

(b) The provision at 52.219–1, Small 

Business Program Representations, or 

52.212–3(c)(4), Offeror Representations 

and Certifications—Commercial Items, 

is used to collect SDB data. 

(c) A representation of SDB status on 

a Federal prime contract will be deemed 

a misrepresentation of SDB status if the 

firm does not meet the requirements of 

13 CFR 124.1001(b). 

(d) Any person or entity that 

misrepresents a firm’s status as an SDB 

concern in order to obtain a contracting 

opportunity in accordance with section 

8(d) of the Small Business Act, (15 

U.S.C. 637(d)) will be subject to the 

penalties imposed by section 16(d) of 

the Small Business Act, (15 U.S.C. 

645(d)), as well as any other penalty 

authorized by law. 

■ 15. Revise section 19.305 to read as 

follows: 

19.305 Reviews and protests of SDB 

status. 

This section applies to reviews and 

protests of a small business concern’s 

SDB status as a prime contractor or 

subcontractor. 

(a) SBA may initiate the review of 

SDB status on any firm that has 

represented itself to be an SDB on a 

prime contract or subcontract to a 

Federal prime contract whenever it 

receives credible information calling 

into question the SDB status of the firm. 

(b) Requests for an SBA review of SDB 

status may be forwarded to the Small 

Business Administration, Assistant 

Administrator for SDBCE, 409 Third 

Street SW., Washington, DC 20416. 

(c) An SBA review of a 

subcontractor’s SDB status differs from 

a formal protest. Protests of a small 

business concern’s SDB status as a 

subcontractor are processed under 

19.703(a)(2). Protests of a concern’s size 

as a prime contractor are processed 

under 19.302. Protests of a concern’s 

size as a subcontractor are processed 

under 19.703(b). 

19.309 [Amended] 

■ 16. Amend section 19.309 by 

removing paragraph (b) and 

redesignating paragraphs (c) and (d) as 

paragraphs (b) and (c), respectively. 

■ 17. Amend section 19.703 by revising 

the first sentence of paragraph (a)(2) to 

read as follows: 

19.703 Eligibility requirements for 

participating in the program. 

(a) * * * 

(2) In connection with a subcontract, 

the contracting officer or the SBA may 

protest the disadvantaged status of a 

proposed subcontractor. * * * 

* * * * * 

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Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 61751 

19.705–1 [Amended] 

■ 18. Amend section 19.705–1 by 

removing the second sentence. 

■ 19. Amend section 19.705–4 by 

revising the last sentence of paragraph 

(c) to read as follows: 

19.705–4 Reviewing the subcontracting 

plan. 

* * * * * 

(c) * * * An incentive subcontracting 

clause (see 52.219–10, Incentive 

Subcontracting Program), may be used 

when additional and unique contract 

effort, such as providing technical 

assistance, could significantly increase 

subcontract awards to small business, 

small disadvantaged business, veteranowned small business, service-disabled 

veteran-owned small business, 

HUBZone small business, or womenowned small business concerns. 

* * * * * 

19.708 [Amended] 

■ 20. Amend section 19.708 in 

paragraphs (c)(1), (2), and (3) by 

removing ‘‘business, HUBZone small 

business, and’’ and adding ‘‘business, 

HUBZone small business, small 

disadvantaged business, and’’ in its 

place. 

Subpart 19.11 [Removed and 

Reserved] 

■ 21. Remove and reserve subpart 19.11, 

consisting of sections 19.1101 through 

19.1104. 

Subpart 19.12 [Removed and 

Reserved] 

■ 22. Remove and reserve subpart 19.12, 

consisting of sections 19.1201 through 

19.1204. 

19.1307 [Amended] 

■ 23. Amend section 19.1307 by 

removing paragraph (d) and 

redesignating paragraph (e) as paragraph 

(d). 

PART 22—APPLICATION OF LABOR 

LAWS TO GOVERNMENT 

ACQUISITIONS 

22.1006 [Amended] 

■ 24. Amend section 22.1006 by— 

■ a. Removing from paragraph 

(a)(2)(i)(C) ‘‘52.204–8(c)(2)(iii) or (iv)’’ 

and adding ‘‘52.204–8(c)(2)(ii) or (iii)’’ 

in its place; 

■ b. Removing from paragraph (e)(2)(i) 

‘‘52.204–8(c)(2)(iii)’’ and adding 

‘‘52.204–8(c)(2)(ii)’’ in its place; and 

■ c. Removing from paragaraph (e)(4)(i) 

‘‘52.204–8(c)(2)(iv)’’ and adding 

‘‘52.204–8(c)(2)(iii)’’ in its place. 

PART 26—OTHER SOCIOECONOMIC 

PROGRAMS 

26.304 [Amended] 

■ 25. Amend section 26.304 by 

removing the last sentence. 

PART 36—CONSTRUCTION AND 

ARCHITECT-ENGINEER CONTRACTS 

36.501 [Amended] 

■ 26. Amend section 36.501 by 

removing from paragraph (b) ‘‘19.11,’’. 

PART 52—SOLICITATION PROVISIONS 

AND CONTRACT CLAUSES 

■ 27. Amend section 52.204–5 by 

revising the date of the provision and by 

removing from paragraph (b) ‘‘(b)(1) of 

FAR 52.219–1,’’ and adding ‘‘(c)(1) of 

FAR 52.219–1,’’ in its place. 

The revision reads as follows: 

52.204–5 Women-Owned Business (Other 

Than Small Business). 

* * * * * 

Women-Owned Business (Other Than 

Small Business) (Oct 2014) 

* * * * * 

■ 28. Amend section 52.204–8 by— 

■ a. Revising the date of the provision; 

■ b. Revising paragraph (c)(1)(xxi); 

■ c. Removing paragraph (c)(2)(i); and 

■ d. Redesignating paragraphs (c)(2)(ii) 

through (vii) as (c)(2)(i) through (vi), 

respectively. 

The revisions read as follows: 

52.204–8 Annual Representations and 

Certifications. 

* * * * * 

Annual Representations and 

Certifications (Oct 2014) 

* * * * * 

(c) * * * 

(1) * * * 

(xxi) 52.226–2, Historically Black College 

or University and Minority Institution 

Representation. This provision applies to 

solicitations for research, studies, supplies, 

or services of the type normally acquired 

from higher educational institutions. 

* * * * * 

■ 29. Amend section 52.212–2 by— 

■ a. Revising the date of the provision; 

and 

■ b. Removing from paragraph (a) ‘‘(iv) 

small disadvantaged business 

participation;’’ 

The revision reads as follows: 

52.212–2 Evaluation—Commercial Items. 

* * * * * 

Evaluation—Commercial Items (Oct 

2014) 

■ 30. Amend section 52.212–3 by— 

■ a. Revising the date of the provision; 

■ b. Adding in paragraph (a), in 

alphabetical order, the definition ‘‘Small 

disadvantaged business concern’’; 

■ c. Removing from paragraph (c)(4) ‘‘, 

for general statistical purposes,’’; 

■ d. Removing paragraph (c)(10); 

■ e. Redesignating paragraph (c)(11) as 

paragraph (c)(10); 

■ f. Removing from the newly 

designated paragraph (c)(10)(ii) 

‘‘representation in paragraph (c)(11)(i)’’ 

and adding ‘‘representation in 

paragraph (c)(10)(i)’’ in its place; 

■ g. Revising Alternate I; and 

■ h. Removing Alternate II. 

The revisions and additions read as 

follows: 

52.212–3 Offeror Representations and 

Certifications—Commercial Items. 

* * * * * 

Offeror Representations and 

Certifications—Commercial ITEMS (Oct 

2014) 

* * * * * 

(a) * * * 

Small disadvantaged business concern, 

consistent with 13 CFR 124.1002, means a 

small business concern under the size 

standard applicable to the acquisition, that— 

(1) Is at least 51 percent unconditionally 

and directly owned (as defined at 13 CFR 

124.105) by— 

(i) One or more socially disadvantaged (as 

defined at 13 CFR 124.103) and economically 

disadvantaged (as defined at 13 CFR 124.104) 

individuals who are citizens of the United 

States; and 

(ii) Each individual claiming economic 

disadvantage has a net worth not exceeding 

$750,000 after taking into account the 

applicable exclusions set forth at 13 CFR 

124.104(c)(2); and 

(2) The management and daily business 

operations of which are controlled (as 

defined at 13.CFR 124.106) by individuals, 

who meet the criteria in paragraphs (1)(i) and 

(ii) of this definition. 

* * * * * 

Alternate I (OCT 2014)l. As 

prescribed in 12.301(b)(2), add the 

following paragraph (c)(11) to the basic 

provision: 

(11) (Complete if the offeror has 

represented itself as disadvantaged in 

paragraph (c)(4) of this provision.) 

lBlack American. 

lHispanic American. 

lNative American (American Indians, 

Eskimos, Aleuts, or Native Hawaiians). 

lAsian-Pacific American (persons with 

origins from Burma, Thailand, Malaysia, 

Indonesia, Singapore, Brunei, Japan, China, 

Taiwan, Laos, Cambodia (Kampuchea), 

Vietnam, Korea, The Philippines, Republic of 

Palau, Republic of the Marshall Islands, 

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Federated States of Micronesia, the 

Commonwealth of the Northern Mariana 

Islands, Guam, Samoa, Macao, Hong Kong, 

Fiji, Tonga, Kiribati, Tuvalu, or Nauru). 

lSubcontinent Asian (Asian-Indian) 

American (persons with origins from India, 

Pakistan, Bangladesh, Sri Lanka, Bhutan, the 

Maldives Islands, or Nepal). 

lIndividual/concern, other than one of the 

preceding. 

■ 31. Amend 52.212–5 by— 

■ a. Revising the date of the clause; 

■ b. Revising paragraphs (b)(11), (b)(12), 

(b)(16), (b)(17)(i), and (b)(17)(iv); 

■ c. Removing paragraphs (b)(21) 

through (23); 

■ d. Redesignating paragraphs (b)(24) 

through (56) as paragraphs (b)(21) 

through (53), respectively; 

■ e. Revising paragraph (e)(1)(ii); and 

■ f. Revising the date and paragraph 

(e)(1)(ii)(C) of Alternate II. 

The revisions 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—Commercial Items 

(Oct 2014) 

* * * * * 

(b) * * * 

l(11)(i) 52.219–3, Notice of HUBZone SetAside or Sole-Source Award (NOV 2011) (15 

U.S.C. 657a). 

l(ii) Alternate I (NOV 2011) of 52.219–3. 

l(12)(i) 52.219–4, Notice of Price 

Evaluation Preference for HUBZone Small 

Business Concerns (OCT 2014) (if the offeror 

elects to waive the preference, it shall so 

indicate in its offer) (15 U.S.C. 657a). 

l(ii) Alternate I (JAN 2011) of 52.219–4. 

* * * * * 

l(16) 52.219–8, Utilization of Small 

Business Concerns (OCT 2014) (15 U.S.C. 

637(d)(2) and (3)). 

l(17)(i) 52.219–9, Small Business 

Subcontracting Plan (OCT 2014) (15 U.S.C. 

637(d)(4)). 

* * * * * 

l(iv) Alternate III (OCT 2014) of 52.219– 

9. 

* * * * * 

(e)(1) * * * 

(ii) 52.219–8, Utilization of Small Business 

Concerns (OCT 2014) (15 U.S.C. 637(d)(2) 

and (3)), in all subcontracts that offer further 

subcontracting opportunities. If the 

subcontract (except subcontracts to small 

business concerns) exceeds $650,000 ($1.5 

million for construction of any public 

facility), the subcontractor must include 

52.219–8 in lower tier subcontracts that offer 

subcontracting opportunities. 

* * * * * 

Alternate II (OCT 2014) * * * 

(e)(1)(ii) * * * 

(C) 52.219–8, Utilization of Small Business 

Concerns (OCT 2014) (15 U.S.C. 637(d)(2) 

and (3)), in all subcontracts that offer further 

subcontracting opportunities. If the 

subcontract (except subcontracts to small 

business concerns) exceeds $650,000 ($1.5 

million for construction of any public 

facility), the subcontractor must include 

52.219–8 in lower tier subcontracts that offer 

subcontracting opportunities. 

* * * * * 

■ 32. Amend section 52.213–4 by 

revising the date of the clause and 

paragraph (a)(2)(viii) to read as follows: 

52.213–4 Terms and Conditions— 

Simplified Acquisitions (Other Than 

Commercial Items). 

* * * * * 

Terms and Conditions—Simplified 

Acquisitions (Other Than Commercial 

Items) (Oct 2014) 

(a) * * * 

(2) * * * 

(viii) 52.244–6, Subcontracts for 

Commercial Items (OCT 2014)l

* * * * * 

■ 33. Amend section 52.219–1 by 

revising the date of the provision and 

paragraphs (a) through (c) to read as 

follows: 

52.219–1 Small Business Program 

Representations. 

* * * * * 

Small Business Program 

Representations (Oct 2014) 

(a) Definitions. As used in this provision— 

Economically disadvantaged womenowned small business (EDWOSB) concern 

means a small business concern that is at 

least 51 percent directly and unconditionally 

owned by, and the management and daily 

business operations of which are controlled 

by, one or more women who are citizens of 

the United States and who are economically 

disadvantaged in accordance with 13 CFR 

part 127. It automatically qualifies as a 

women-owned small business concern 

eligible under the WOSB Program. 

Service-disabled veteran-owned small 

business concern— 

(1) Means a small business concern— 

(i) Not less than 51 percent of which is 

owned by one or more service-disabled 

veterans or, in the case of any publicly 

owned business, not less than 51 percent of 

the stock of which is owned by one or more 

service-disabled veterans; and 

(ii) The management and daily business 

operations of which are controlled by one or 

more service-disabled veterans or, in the case 

of a service-disabled veteran with permanent 

and severe disability, the spouse or 

permanent caregiver of such veteran. 

(2) Service-disabled veteran means a 

veteran, as defined in 38 U.S.C. 101(2), with 

a disability that is service-connected, as 

defined in 38 U.S.C. 101(16). 

Small business concern means a concern, 

including its affiliates, that is independently 

owned and operated, not dominant in the 

field of operation in which it is bidding on 

Government contracts, and qualified as a 

small business under the criteria in 13 CFR 

Part 121 and the size standard in paragraph 

(b) of this provision. 

Small disadvantaged business concern, 

consistent with 13 CFR 124.1002, means a 

small business concern under the size 

standard applicable to the acquisition, that— 

(1) Is at least 51 percent unconditionally 

and directly owned (as defined at 13 CFR 

124.105) by— 

(i) One or more socially disadvantaged (as 

defined at 13 CFR 124.103) and economically 

disadvantaged (as defined at 13 CFR 124.104) 

individuals who are citizens of the United 

States, and 

(ii) Each individual claiming economic 

disadvantage has a net worth not exceeding 

$750,000 after taking into account the 

applicable exclusions set forth at 13 CFR 

124.104(c)(2); and 

(2) The management and daily business 

operations of which are controlled (as 

defined at 13 CFR 124.106) by individuals 

who meet the criteria in paragraphs (1)(i) and 

(ii) of this definition. 

Veteran-owned small business concern 

means a small business concern— 

(1) Not less than 51 percent of which is 

owned by one or more veterans (as defined 

at 38 U.S.C. 101(2)) or, in the case of any 

publicly owned business, not less than 51 

percent of the stock of which is owned by 

one or more veterans; and 

(2) The management and daily business 

operations of which are controlled by one or 

more veterans. 

Women-owned small business concern 

means a small business concern— 

(1) That is at least 51 percent owned by one 

or more women; or, in the case of any 

publicly owned business, at least 51 percent 

of the stock of which is owned by one or 

more women; and 

(2) Whose management and daily business 

operations are controlled by one or more 

women. 

Women-owned small business (WOSB) 

concern eligible under the WOSB Program (in 

accordance with 13 CFR part 127), means a 

small business concern that is at least 51 

percent directly and unconditionally owned 

by, and the management and daily business 

operations of which are controlled by, one or 

more women who are citizens of the United 

States. 

(b)(1) The North American Industry 

Classification System (NAICS) code for this 

acquisition is—llllll[insert NAICS 

code]. 

(2) The small business size standard is 

lll[insert size standard]. 

(3) The small business size standard for a 

concern which submits an offer in its own 

name, other than on a construction or service 

contract, but which proposes to furnish a 

product which it did not itself manufacture, 

is 500 employees. 

(c) Representations. (1) The offeror 

represents as part of its offer that it b is, b 

is not a small business concern. 

(2) [Complete only if the offeror 

represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The 

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offeror represents that it b is, b is not, a 

small disadvantaged business concern as 

defined in 13 CFR 124.1002. 

(3) [Complete only if the offeror 

represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The 

offeror represents as part of its offer that it 

b is, b is not a women-owned small business 

concern. 

(4) Women-owned small business (WOSB) 

concern eligible under the WOSB Program. 

[Complete only if the offeror represented 

itself as a women-owned small business 

concern in paragraph (c)(3) of this provision.] 

The offeror represents as part of its offer 

that— 

(i) It b is, b is not a WOSB concern eligible 

under the WOSB Program, has provided all 

the required documents to the WOSB 

Repository, and no change in circumstances 

or adverse decisions have been issued that 

affects its eligibility; and 

(ii) It b is, b is not a joint venture that 

complies with the requirements of 13 CFR 

part 127, and the representation in paragraph 

(c)(4)(i) of this provision is accurate for each 

WOSB concern eligible under the WOSB 

Program participating in the joint venture. 

[The offeror shall enter the name or names 

of the WOSB concern eligible under the 

WOSB Program and other small businesses 

that are participating in the joint venture: 

llll.] Each WOSB concern eligible 

under the WOSB Program participating in the 

joint venture shall submit a separate signed 

copy of the WOSB representation. 

(5) Economically disadvantaged womenowned small business (EDWOSB) concern. 

[Complete only if the offeror represented 

itself as a women-owned small business 

concern eligible under the WOSB Program in 

(c)(4) of this provision.] The offeror 

represents as part of its offer that— 

(i) It b is, b is not an EDWOSB concern 

eligible under the WOSB Program, has 

provided all the required documents to the 

WOSB Repository, and no change in 

circumstances or adverse decisions have 

been issued that affects its eligibility; and 

(ii) It b is, b is not a joint venture that 

complies with the requirements of 13 CFR 

part 127, and the representation in paragraph 

(c)(5)(i) of this provision is accurate for each 

EDWOSB concern participating in the joint 

venture. [The offeror shall enter the name or 

names of the EDWOSB concern and other 

small businesses that are participating in the 

joint venture: llll.] Each EDWOSB 

concern participating in the joint venture 

shall submit a separate signed copy of the 

EDWOSB representation. 

(6) [Complete only if the offeror 

represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The 

offeror represents as part of its offer that it 

b is, b is not a veteran-owned small business 

concern. 

(7) [Complete only if the offeror 

represented itself as a veteran-owned small 

business concern in paragraph (c)(6) of this 

provision.] The offeror represents as part of 

its offer that it b is, b is not a servicedisabled veteran-owned small business 

concern. 

(8) [Complete only if the offeror 

represented itself as a small business concern 

in paragraph (c)(1) of this provision.] The 

offeror represents, as part of its offer, that— 

(i) It b is, b is not a HUBZone small 

business concern listed, on the date of this 

representation, on the List of Qualified 

HUBZone Small Business Concerns 

maintained by the Small Business 

Administration, and no material changes in 

ownership and control, principal office, or 

HUBZone employee percentage have 

occurred since it was certified in accordance 

with 13 CFR Part 126; and 

(ii) It b is, b is not a HUBZone joint 

venture that complies with the requirements 

of 13 CFR Part 126, and the representation in 

paragraph (c)(8)(i) of this provision is 

accurate for each HUBZone small business 

concern participating in the HUBZone joint 

venture. [The offeror shall enter the names of 

each of the HUBZone small business 

concerns participating in the HUBZone joint 

venture: llll.] Each HUBZone small 

business concern participating in the 

HUBZone joint venture shall submit a 

separate signed copy of the HUBZone 

representation. 

* * * * * 

■ 34. Amend section 52.219–2 by 

revising the introductory text to read as 

follows: 

52.219–2 Equal Low Bids. 

As prescribed in 19.309(b), insert the 

following provision: 

* * * * * 

■ 35. Amend section 52.219–4 by— 

■ a. Revising the date of the clause; 

■ b. Removing paragraph (b)(3); and 

■ c. Redesignating paragraph (b)(4) as 

(b)(3). 

The revision reads as follows: 

52.219–4 Notice of Price Evaluation 

Preference for HUBZone Small Business 

Concerns. 

* * * * * 

Notice of Price Evaluation Preference 

for HUBZone Small Business Concerns 

(Oct 2014) 

* * * * * 

■ 36. Amend section 52.219–8 by 

revising the date of the clause and 

paragraphs (a) through (c) to read as 

follows: 

52.219–8 Utilization of Small Business 

Concerns. 

* * * * * 

Utilization of Small Business Concerns 

(Oct 2014) 

(a) Definitions. As used in this contract— 

HUBZone small business concern means a 

small business concern that appears on the 

List of Qualified HUBZone Small Business 

Concerns maintained by the Small Business 

Administration. 

Service-disabled veteran-owned small 

business concern— 

(1) Means a small business concern— 

(i) Not less than 51 percent of which is 

owned by one or more service-disabled 

veterans or, in the case of any publicly 

owned business, not less than 51 percent of 

the stock of which is owned by one or more 

service-disabled veterans; and 

(ii) The management and daily business 

operations of which are controlled by one or 

more service-disabled veterans or, in the case 

of a service-disabled veteran with permanent 

and severe disability, the spouse or 

permanent caregiver of such veteran. 

(2) Service-disabled veteran means a 

veteran, as defined in 38 U.S.C. 101(2), with 

a disability that is service-connected, as 

defined in 38 U.S.C. 101(16). 

Small business concern means a small 

business as defined pursuant to Section 3 of 

the Small Business Act and relevant 

regulations promulgated pursuant thereto. 

Small disadvantaged business concern, 

consistent with 13 CFR 124.1002, means a 

small business concern under the size 

standard applicable to the acquisition, that— 

(1) Is at least 51 percent unconditionally 

and directly owned (as defined at 13 CFR 

124.105) by— 

(i) One or more socially disadvantaged (as 

defined at 13 CFR 124.103) and economically 

disadvantaged (as defined at 13 CFR 124.104) 

individuals who are citizens of the United 

States; and 

(ii) Each individual claiming economic 

disadvantage has a net worth not exceeding 

$750,000 after taking into account the 

applicable exclusions set forth at 13 CFR 

124.104(c)(2); and 

(2) The management and daily business 

operations of which are controlled (as 

defined at 13.CFR 124.106) by individuals, 

who meet the criteria in paragraphs (1)(i) and 

(ii) of this definition. 

Veteran-owned small business concern 

means a small business concern— 

(1) Not less than 51 percent of which is 

owned by one or more veterans (as defined 

at 38 U.S.C. 101(2)) or, in the case of any 

publicly owned business, not less than 51 

percent of the stock of which is owned by 

one or more veterans; and 

(2) The management and daily business 

operations of which are controlled by one or 

more veterans. 

Women-owned small business concern 

means a small business concern— 

(1) That is at least 51 percent owned by one 

or more women, or, in the case of any 

publicly owned business, at least 51 percent 

of the stock of which is owned by one or 

more women; and 

(2) Whose management and daily business 

operations are controlled by one or more 

women. 

(b) It is the policy of the United States that 

small business concerns, veteran-owned 

small business concerns, service-disabled 

veteran-owned small business concerns, 

HUBZone small business concerns, small 

disadvantaged business concerns, and 

women-owned small business concerns shall 

have the maximum practicable opportunity 

to participate in performing contracts let by 

any Federal agency, including contracts and 

subcontracts for subsystems, assemblies, 

components, and related services for major 

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61754 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

systems. It is further the policy of the United 

States that its prime contractors establish 

procedures to ensure the timely payment of 

amounts due pursuant to the terms of their 

subcontracts with small business concerns, 

veteran-owned small business concerns, 

service-disabled veteran-owned small 

business concerns, HUBZone small business 

concerns, small disadvantaged business 

concerns, and women-owned small business 

concerns. 

(c) The Contractor hereby agrees to carry 

out this policy in the awarding of 

subcontracts to the fullest extent consistent 

with efficient contract performance. The 

Contractor further agrees to cooperate in any 

studies or surveys as may be conducted by 

the United States Small Business 

Administration or the awarding agency of the 

United States as may be necessary to 

determine the extent of the Contractor’s 

compliance with this clause. 

* * * * * 

■ 37. Amend section 52.219–9 by— 

■ a. Revising the date of the clause; 

■ b. Removing from paragraph 

(d)(10)(iii) ‘‘Historically’’ and adding 

‘‘for NASA only, Historically’’ in its 

place; and 

■ c. Removing paragraph (l)(2)(iii); and 

■ d. Amend Alternate III by— 

■ 1. Revising the date of the Alternate 

III; 

■ 2. Removing from paragraph 

(d)(10)(iii) ‘‘Historically’’ and adding 

‘‘for NASA only, Historically’’ in its 

place; and 

■ 3. Removing paragraph (l)(2)(iii). 

The revisions read as follows: 

52.219–9 Small Business Subcontracting 

Plan. 

* * * * * 

Small Business Subcontracting Plan 

(Oct 2014) 

* * * * * 

Alternate III (Oct 2014). * * * 

* * * * * 

■ 38. Amend section 52.219–10 by 

revising the date of the clause and 

removing from paragraph (b) ‘‘and 

women-owned’’ and adding ‘‘small 

disadvantaged business, and womenowned’’ in its place. 

The revision reads as follows: 

52.219–10 Incentive Subcontracting 

Program. 

* * * * * 

Incentive Subcontracting Program (Oct 

2014) 

* * * * * 

52.219–22, 52.219–23, 52.219–24, 52.219–25, 

and 52.219–26 [Removed and Reserved] 

■ 39. Remove and reserve sections 

52.219–22, 52.219–23, 52.219–24, 

52.219–25, and 52.219–26. 

■ 40. Amend section 52.219–28 by 

revising the introductory text to read as 

follows: 

52.219–28 Post-Award Small Business 

Program Rerepresentation. 

As prescribed in 19.309(c), insert the 

following clause: 

* * * * * 

■ 41. Amend section 52.226–2 by 

revising the date of the provision, and 

in paragraph (a) the definition 

‘‘Historically black college or 

university’’ 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 2014) 

(a) * * * 

Historically black college or university 

means an institution determined by the 

Secretary of Education to meet the 

requirements of 34 CFR 608.2. 

* * * * * 

■ 42. Amend section 52.244–6 by 

revising the date of the clause and 

paragraph (c)(1)(iii) to read as follows: 

52.244–6 Subcontracts for Commercial 

Items. 

* * * * * 

Subcontracts for Commercial Items (Oct 

2014) 

* * * * * 

(c)(1) * * * 

(iii) 52.219–8, Utilization of Small 

Business Concerns (OCT 2014) (15 U.S.C. 

637(d)(2) and (3)), if the subcontract offers 

further subcontracting opportunities. If the 

subcontract (except subcontracts to small 

business concerns) exceeds $650,000 ($1.5 

million for construction of any public 

facility), the subcontractor must include 

52.219–8 in lower tier subcontracts that offer 

subcontracting opportunities. 

* * * * * 

PART 53—FORMS 

■ 43. Revise section 53.219 to read as 

follows: 

53.219 Small business programs. 

The following standard form is 

prescribed for use in reporting small 

business (including Alaska Native 

Corporations and Indian tribes), veteranowned small business, service-disabled 

veteran-owned small business, 

HUBZone small business, small 

disadvantaged business (including 

Alaska Native Corporations and Indian 

tribes) and women-owned small 

business subcontracting data, as 

specified in part 19: SF 294, (Rev. OCT 

2014) Subcontracting Report for 

Individual Contracts. SF 294 is 

authorized for local reproduction. 

■ 44. Amend section 53.301–294 by 

revising the form to read as follows: 

53.301–294 Subcontracting Report for 

Individual Contracts. 

BILLING CODE 6820–EP–P 

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SUBCONTRAC ~ORT FOR INDMCU CONTRACTS 

iDsttucfiOM on 

OMB Control Number: 9IJD0.0008 

Expiration Date: 413012016 

R.lbBc MPOII!nJI:IUI'!Sell f« lhls colledlcn Clf lnlolmlllcn Is M1imllttd 1o IVIII'IIIt 55;34 11®1'1 per res penH\ Including lhe timt f<lr 1'$'111ewlng lnstnlcllcns, 

ilelin:lllng existing dOl saJrces, gslb!lrlngllld mllnlelnlnglhe dOl needtd, and ~kiting lllld m1ewtnglhe eolleclllcn of lnfOI!MHcn. Send ~s 

regll'dlng 1hls burden.elllmflte. «lillY (!!her upee18.oflhls ccl*ticn Clflnformatl<ln, Including Sllllllelllcns f<lr R!dllclno lhls bui'!Sell,lo u.s. Ge!nerai.Sellllces 

Al:lndnlllndlion, Regllaloly Secretarial (MIICB)IIC 900041006, Olllce Of GcM!mmentwtdeAc:~IISIIlcn Pollt1, 1 BOO F Slreel, NW, Wlnhlnglcn, DC 204GCI. 

a.COMPANYNIME 

"'"''"""'""'",_.. 

<.CITY 

~ARMY 

t:1:':oRCE 

UlORPORATDI, COMPANY, OR SUIIDMSION COVERED 

ri>TA110r,ZPC<>I>I< 

•or~•- li'IUM .... tt 

7. REPORT SUBMITTED AS (C'/IIIcil-tillllljiiiiWifllt.,..,.""""""' 

0 PlllltE(;ONTRACl'OR ....... CCNTMCT NUM""" .. 

S. DATE SUBMITTED 

4. REPORTINGPBIOO flml.llfCEPTDIIOF<:ONlR.OCT 1>lllll: 

0 ll!AII31 0 SEPT3Q r~ 

&. TYPE OF REPORT 

0 REGULAA o- 0 REVISeD 

e. AGEINCY OR CONTIWiTOR AWARiltiG CONTRACT , ...... 

0 SUIICONTRACTOR --···-· ....... - 1>."111.""1 AUJJII. ...... 

ll. DOLLARS MD PERCENTAGES IN TME FOI.LOWIIG BI.OCI[S: ~ .... 11 r ......... r ...... _ 0 DOI'ICWDE INDIRECT COSTS 0 DO NOT INCWDE INDIRECT COSTS 

SUBCOHTRACT AWARDS 

TYPE 

10c. TOTAL (Sumd10und 10bJ 
61756 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 


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t9.1t 
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GENERAL INSTRUCliONS 

1, ThllftP(lltltn<t~irtcll\ltWillll!~ 

2. This ftP(lltls n!t~hdlclrOomme!deJllei\Wifilrwlllch·a ~alp!M 

has!)ean tllP~ ncr Item~~ illlhe Dejllllllmm!Of Dellils:e 

(DOD) Test Proglamfil!'NegOIIallon Of~th SUb®n~ jilans. 

Tbe$1rmwySUbcenlrac:l Report (SSR) ISrequlredlclr.iioiriradorS cpnling 

under one Oftbesa two condlllcns and tiiCUICI.be filbmllle!IIO tbs GaoemliM!II 

In ~nc. 'Wfth lhe:lllshudie)n$ m !hat. fllml. 

3. Tbls form cclleclssllbcol!lnlet awri diala ftcm J3111ne OCII!mclorsl 

Sllbcol!lnllltcrstbal : (a) hdd on• «mere conn• <Mil' $650,000 (OV<II' 

$1,50MQ0far con!llnl~ at a pubi!Cfal:IM and tlilate reqUJ""iltoreJ)crl $Ubcol!lr«ets aweriled 10$1111111 SUslmm (SS), Smaf OIMIMI!Itaged eustnesa ~B). Wornen.owllad small I!UIIIIIeu {WOSB), HUIIZene Small 

eustntts(HUSZ- SB), ~..s Small Eluti!Ma(VOU) and 

s.rvtct-Dislble<IVII!enl:n-OitlftadSmd BIJIIIMK coneems under a 

tlibcol!lracltlng pill!. For !lie Nall<lnaiA!m:WitutlcsMd !pac!l Admlnlslratloll 

(NASA),IhllfcllmalloCCIIttcD~avmddstt ICif ~Siaek 

Cdleg~~s and Ulllvmitiu (HBCUs}llld~ll!siiiUiiGnlli.(MIS). 

4, Tbls report Is requlrild ·~c~r oach contra« c!lnleillifllle $lbeonlnllltlng pill! 

and must be Sllbmllladto 11\e admtlisii!IIN!l CclniiUilllgolllcer(ACO) er 

contracllflll Olllcer It no ACe> !sessl~. sei!Hnnually, lM1ll9 OCIIIraet 

l)el1arrl!an ... far tile periods eridild ~ 31st 111dS8pl«nber 301b. A 

fiP!Iratt ~It required fer eiCII C<l!lltlletat conllacl ~. ~«<s 

are a:ut SO days allw lilt 010111 at oaCI\ reportillg period unlestethe!Wise 

lilrt'eled 1rt lhe OCII!rtct~ng olllcer. Rtp01tt tw requml when d!lt, regardlm 

or.wMther lhtrehMb- «~!fsubOCII!recltlng M~Mlvmctllla inctl)lfcn dille 

contra;t « oince tbs prtr;il!Us report. 

5. Olllyoubcol!lnlclsinvaMllg~lnlh&tllllledS!bs,<rlb~ 

areas shauld be llitlucled 111 lhiSI'eJ)OIIWllllllle -Jlli<ln Of $11bta!tra:c!S under a 

contmct •ward&d 1rt tile Sib Depariment « anydber "'ifleYtbsl.has 

$1aluto!y cr regulalcry lltllhcriiYtora:qute$11~0 plenslclr •~ 

peli<tmild 01>1$ld& tbs I.Jrilled ~and. Is Clllll)lngli. Plli'Ch-ltOma COrJje:rillon,campany, «~ lhlliaan•ftlllalad. .lllt~bcol!lraOI«eraMt II!Oiudadllllhis NJI«t 

7. SUt>oontract a\YIIrd data repoltl)d on IIIli fomlby:pllme COOII\IctQ"$f 

subc~-llelmladto.e'll'tlnllt...,_IOihsklmllledlala~ 

O'edll!lii!ID.l!! be. taken for IIWIIltb made to lower tier $111!C<llllnllltl:ll's unl$1$ you· 

~~;ten dftlg!\81edto~an s&end $0Bcredl:ll'om an !'Iaska Nal!va. CGrporallm (ANC) « lndlen tribe. 

a. FAR19:M -farlh lllal!llgibllltyretPJtemel!lsf«lldtlt*lingln tile 

'!lubcOnlrlleling program. 

9. A!:tllet aoll~eYementsmust be reporte<~.Oillha same bal.sasi~Mc {I(N!ts Q8l' 

fl>l1h inlheconlracl. Fer~ lfgoetsln Ill• plan.dOnollnduda lndred 

aM.O'IIMieailltams. III•ICII~ents shOIIII onlhls teJ)OII tllWld not 

lno;ltidli 1111110 e~r. 

llPE'el1'1C INmtUC'IIO.ffll 

BLOCK 2: Fer tile Conlred« ldOIIIIIIIIO!IIlc:n Number, enter hnlne-dl!jt 

om.. lkl~l NUmbering $vS!em (DUN$) number tllat ldentflle.atbs 

epitlc:lk cenlnlclcr..-bllshmanl lftllar.Js no DUN$ nuinbllr available 

that lclanfllles llte exact name II!IIJadllrus enftrad In Slcdt 1. con!ect Dun 

end 81'1ldsll!let lnfclmellon SeMcllut 1-ae&-?'OS-&111cr 'lllallie IMenlet at http;JlWww.d'lbJxxn. The conlr«Oicirshauld be.llfel!llred tojXOYicle& 

fcllcWng lnfermatlel'i: (I)Cor~~pany fe\gal business narn&. (II) Tra:desl:)'le; 

dcllnll 

~ 

llUsfriess, « c:tMr R11irJ1111¥WI!Ichyour enlll)'ls~only 

(&I}C~ ph)'SICII SlrHi:tddnm, dtV. slate and ZIP 

Codll. (N) COII'iplllllfmaftlng addrtas.. dt)l, tlate ahd ZiP Colle (ltftl*ala ft«n ph')'SICII), M ·~Ill)' telephone number; ('II) Dele lbe ®ll'flel!¥ w:as 5tllted. (1111) ~ ot.mp .. rat your lQcalloil. (\1111) CNIIf 

elCl!C!IliW oftcer,hy manag~~r. (lx) lila of business (lnllUslly). (x) 

~any Hlllll(!qUartt~s name and addlfla c~ relallmshiP 'WIIII!n 

~sntlly). 

BLOCK 4: .Chedt only me. Nde!llat 'all 1111.IM::onlnll:l awa{d data teplllted 

enlhls fariTI represents IICIMIYslncellle!ncepllonofllle ccnfnlctlhi'Cugh 

tile dale indicated 01\ lhls block. 

BLOCK .5: CMdt Wbatbsrlhls report in "''!eguler,•"RnaJ,• andlct "Re\ooud~ 

raper! •. A "Final" rer>ort should b&~d 01\lytftllaccnlnlctcr hareomp!etell 

the conlla:ct« subccnfniCI repOrtei:l ltl BIOCII7, A ~d" teJ)OIIIs e diange 

to a rePort ll(ftoutl¥ sUbllllltlld f«lh&sam. f*ICd, 

BLOC.K 1: ldanllfV ll•te depattment « ageney admlnlslering lhe mtjoril)' Of 

SUbconlrt~.CiinO plant. 

BLOC!( 7: lnliiCileWhelherlhe f8!lGIIingccnll'llOicirl"stlbll'illingllliS 

~as a jjrlme OCII!rec!cr ct tubconnetQrandlll6 prime ~or 

wllc:OIIII'Ilclnumber. · 

Sl.OC:K 8: Enter !he name and ai:ldress ofllla Fedtrel delpiallmant or ageni\Y ~ lht :connd cr the pnmacontreekt awtrdiiiCI Ill& 

tllbcCotraCI. 

.BLOCK 9: Chedt lllealllli'CI'rlai:e ll!oclt to ln~a Wll.llll'ler!ncl«!d:cosls ~talncludedlolheddlar.MIOUntslrl.flloelcs1Galhrouglt18. T<oeM~~Je 

~l'llb1111y ~tween lltegOII) and t~.dulllcolumn$,lltellCilllredormay 

~~i\:d'::.:t ~nllf~=~ cdumn mlylfthlttiUIIcOnlri.Ciingplan 

BLOCKS. 11111'11WOLQih 11: Un a~ • elilerlhe ddlar and 

ileR:ent.llllliS !n. N fll~~~~. CllellorY. . SB.!.. \IOSB, Si~Mce-dsabltcl 

~ 

VO$B, all~ HI URI llllbconliUilllg plan 

f« lhls ccntraCI. {itll!e s ·~ I.II!O!Iatconlrad S'rird haw been re'liiMd as areJIIl . ct mOdlfealklns. enter 1M crl~al 11011• ill Bl!ldl1l!. The amou11tuntored In Bloells1oa thlwgh 18Sflouldieliectlhe rellisedpls.) TheiennoiiOIIIsf« Blcdts 17 

and 1&. un •enter 

1lchleve11M!lf rs ;ll 

=:rt.llt~udall. lite 111 

·-rdl and an ap HCIW8IIIt,lhe.clollar "AI:tllalturnulalive"mlSI be. f« lllesameperi<Scl of time aslha dOllar aMouni!IShown ull!:fet 

"CCln'eelt Goal! f'« 11 OCII!raCJ: With Gpllans,IIJa c&lrrant GOII shauld 

representlheaggtegate g!llll moe tbs lncepllon dille canlracl. F« 

ex.ll!r4lle.. if tbs contmc~G: ls~gllle repm 1iJ1:1o0 Optioo2 ora 

muftlple year conlraclllieou,..ent.~wouldti&lheCIImulaiM geal f« 

lhe base I)«<Id !)4wllle gOIII fer QpUon 1andllle 0001 f«Opuon 2; 

BLOCK 106: Rtp011 allwbconlralltUwtti'dedlo SlliiM!udllg tUb~ 

toSOBIS. wosa VOSB.~~sabllldVOSB, and HUe.zon.SBt. 

For NASAconfniCb Olll)',lnlllll!luub-trallllno-.tsto HscUund MIS. 

lnc!UdU\lbecnfnlcts -did 101\NOII am:1 tnden lrtieslhat t~re not aman 

llUain-•lll!i 1111:1.11111 not certlfiild b>'the:SEIA all SOBs whore wu !Uive 

been c!llsilJllllled tore~ tllek ShnlfsDBwedl \lllhon r;our flCliiiPIIII¥ 

and dll.r companles.bave bean dllllgmded b)' an NIC or Jndlln blbe 10 

liiCeiveSB lind SOBCreditf« a$111!Conlnlct IIWIII'dlld tollle.A.NC cr lhdlan 

tribe, rtport 01'\tflht port11111 oflheldll atna11nt of& $111!CC:nncl lhat IIIia 

been deslgnllled 10 ))'CUr~. 

IM.OCK10b: ~port aDwbcollb'acl$awerded to lilllll bllsllle-(lB$} «<ee any dber.lhart-small bUsln-s. Donollndtlde subc!X11ra01s -rdedto 

ANC$«1d lndlllnll'lbe$1111111111ve beente~tn 101\ ~. 

BLOCK 11Jc: Repcrl.lllllhlsllntlhlllolld of all llllllconlracls -dild 

lillder tilt :centred tthnum of lines 101l«tii1lh). 

IH.C!CK8·11 ·1G::Eitchoflh!d!l~.il>asldi~of£1lod<1Ga, Ncile 

lhllln scrn&-llle ume dolllilni maybe repatedln~~~~Dlllln- blQCit 

(&,g,~ SOBs owno.d byWOIIlen «vet-). 

IM.OCK1t: ReportalS!Illecnlnl!)iS!IIW8IIIei.IIOSDill(lm:ludingWOSB, 

VOSB, ~-dl$11bit4 VOSill; and HUBZ<IndB SDBI). tnOIIide 

.Ubocntnlds awarded to #\NOs md.lndan llfbeslllatll-not been ctllilled 

by SBA at.SDe$. where: you hem bee!! detf~Jlaladtoieolliw.lhelr SOB 

credl:. v.'llllte .your COII1PIIn¥ and .dller cunp~~~riles ~~- bUn dnignetecl lly an NIC or In dian lliH to receive lhetSDB IHdl:fer a Sllbcronlnil:lliWaftled 

t<>ih• NIC«1ndiari tribe; rePort only the portilllld.tbstclehmiMUoftbs 

Slllbcontlact 11111111• been dnlgnatad 101/0Urcampany. For NASA CCinlllfcls' 

onl)',tnc!Ude sutlccnfnlctl!)gwardt~ HBCUs ahd.Mis. 

stOCK 12: Repcrlalllllll:icCnfnlcla -riled to WOSBs (lnd..,g SOBs. 

VOSB$(1ndUdlng ~$11blei:l VDSBs). arid HUBZ<Ine Sllltliat.are 

also WOSI!s~ 

ILOC:K 1 a: Report allwbOCIIIraCis awarded to HUBZma Sill (lndudfrlo WOiS8s> voses (InclUding IIIJfVicll,diSIIJIIed V'OSBii!). and soas that .,. elso HUBZIIIIe SBI) .. 

IM.OCI< 14: Report an1Ubcorlfnlcla.awan:ledto VOSIItlllcluding t!IMiltdlsabtad VOSBs {and lncludllfg SOBs, WOSBs,lll'id HUBZme SBs !hat ale 

alsoVQSBs), · 

BLOCK 15: Repcr! aH.oubcorlfnlel$liWaftled.IO.se~VO$Ill 

(lnd:IKIIIQ SOBs, WOSiill, and HUBZOI\t SBs lliat-elsotel\ltce-dlsabtad 

VOSil$). 

BLOCK tl; {Fer C<llllnlels wllh NASA): Repcrt d subc4nlfacls will\ 

HI!ClJ$IIi!lt. COII!Plete lh$ Odl!mllllndef "'Oftnt Go$r' mtywherl lfte 

wbccntracli\g plan Wbllshes a pl. 

STANDARD FORM 214 (REV. 812014) PAGE3 
61758 Federal Register / Vol. 79, No. 198 / Tuesday, October 14, 2014 / Rules and Regulations 

53.302–312 [Removed] 

■ 45. Remove section 53.302–312. 

[FR Doc. 2014–24236 Filed 10–10–14; 8:45 am] 

BILLING CODE 6820–EP–C 


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