[Federal Register: June 3, 2005 (Volume 70, Number 106)]
[Rules and Regulations]
[Page 32522-32523]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03jn05-12]
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GENERAL SERVICES ADMINISTRATION
48 CFR Part 552
[GSAR Amendment 2005-02; GSAR Case 2005-G502 (Change 15)]
RIN 3090-AI12
General Services Administration Acquisition Regulation; Veteran
and Service-Disabled Veteran-Owned Small Business Goals in
Subcontracting Plans
AGENCIES: General Services Administration (GSA), Office of the Chief
Acquisition Officer.
ACTION: Final rule.
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SUMMARY: The General Services Administration (GSA) is amending the
General Services Administration Acquisition Regulation (GSAR) in order
to be consistent with the Federal Acquisition Regulation (FAR), to
update GSAR clauses pertaining to subcontracting plans to include
veteran-owned and service-disabled veteran-owned small businesses.
DATES: Effective Date: June 3, 2005.
FOR FURTHER INFORMATION CONTACT: The Regulatory Secretariat (VIR), Room
4035, GS Building, Washington, DC, 20405, (202) 501-4755, for
information pertaining to status or publication schedules. For
clarification of content, contact Rhonda Cundiff, Procurement Analyst,
at (202) 501-0044. Please cite Amendment 2005-02, GSAR case 2005-G502
(Change 15).
SUPPLEMENTARY INFORMATION:
A. Background
The General Services Administration (GSA) is issuing a final rule
to amend the General Services Administration Acquisition Regulation
(GSAR) in order to be consistent with changes to the FAR made by FAR
case 2000-302, in Federal Acquisition Circulars 97-20, 2001-01 and
2001-01 Correction. These changes implemented the Veterans
Entrepreneurship and Small Business Development Act of 1999 (PL 106-50)
and the Small Business Reauthorization Act of 2000 (part of the
Consolidated Appropriations Act, 2001). FAR case 2000-302 added
additional subcontracting plan goal requirements for veteran-owned and
service-disabled veteran-owned small business concerns. This GSAR rule
amends GSAR 552 to incorporate these subcontracting plan categories
into subcontracting plans.
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 GSAR revision within the
meaning of FAR 1.501 and Public Law 98-577, and publication for public
comments is not required because the Federal Acquisition Regulation
already covers the requirement for subcontracting goals for veteran-
owned small businesses and service-disabled veteran-owned small
businesses.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the changes to
the GSAR do not impose recordkeeping or information collection
requirements, or otherwise collect information from offerors,
contractors, or members of the public that require approval of the
Office of Management and Budget under 44 U.S.C.3501, et seq.
This information is an extension of a requirement already included
in the FAR. The only difference in the FAR requirement and the GSAR
requirement in 519.705-2 is that for all negotiated solicitations
having an anticipated award value over $500,000 ($1,000,000 for
construction), submission of a subcontracting plan by other than small
business concerns is required when a negotiated acquisition meets four
conditions: (1) when the contracting officer anticipates receiving
individual contract plans (not commercial plans); (2) when the award is
based on trade-offs among cost or price and technical and/or management
factors under FAR 15.101-1; (3) the acquisition is not a commercial
item acquisition; and (4) the acquisition offers more than minimal
subcontracting opportunities.
List of Subjects in 48 CFR Part 552
Government procurement.
Dated: May 24, 2005
David A. Drabkin,
Senior Procurement Executive,Office of the Chief Acquisition Officer,
General Services Administration.
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Therefore, GSA amends 48 CFR part 552 as set forth below:
PART 552--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
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1. The authority citation for 48 CFR part 552 continues to read as
follows:
Authority: 40 U.S.C. 121(c).
552.219-71 [Amended]
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2. Amend section 552.219-71 by--
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a. Removing from the introductory text the reference ``519.708'' and
inserting ``519.708-70(a)'' in its place; and
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b. Revising the date of the provision to read ``(JUN 2005)''.
552.219-72 [Amended]
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3. Amend section 552.219-72 by--
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a. Removing from the introductory text the reference ``519.708(b)'' and
inserting ``519.708-70(b)'' in its place;
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b. Revising the date of the provision to read ``(JUN 2005)'';
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c. Removing the word ``products'' from paragraph (a); and
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d. Removing from paragraph (b) the words ``and women-owned'' from the
first and second sentences, and inserting ``women-owned, veteran-owned,
and service-disabled veteran owned'' in their place, and in the third
sentence remove the word ``products''.
552.219-73 [Amended]
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4. Amend section 552.219-73 by--
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a. Removing from the introductory text the reference ``519.708(c)'' and
inserting ``519.708-70(c)'' in its place;
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b. Revising the date of the provision to read ``(JUN 2005)'';
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c. Removing from paragraph (a)(2) the words ``and women-owned'' from
the first and second sentences, and inserting ``women-owned, veteran-
owned, and service-disabled veteran owned'' in their place, and in the
second sentence remove the word ``products''.
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d. Revising the list following paragraph (b) intro text (the Note
remains unchanged); and
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e. Removing from Alternate I the reference ``519.708(c)(2)'' and
inserting ``519.708-70(c)(2)'' in its place.
The added text reads as follows:
552.219-73 Goals for Subcontracting Plan.
* * * * *
(b) * * *
Small Business ------percent
HUBZone
Small Business ------percent
Small Disad-
vantage Business ------percent
Women-Owned
Small Business ------percent
Veteran-Owned
Small Business ------percent
Service-Disabled
Veteran-Owned
[[Page 32523]]
Small Business ------percent
* * * * *
552.219-71, 552.219-72, 552.219-73 [Amended]
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5. In addition to the amendments set forth above, remove the words
``and women-owned'' and add ``women-owned, veteran-owned, and service-
disabled veteran owned'' in its place in the following places:
(a) Section 552.219-71 from the first and third sentences;
(b) Section 552.219-72 (c) intro text, (c)(1), (d)(3), and (d)(4);
and
(c) Section 552.219-73 (a)intro text, (a)(1), (b), (c)(3), and
(c)(4).
[FR Doc. 05-10934 Filed 6-2-05; 8:45 am]
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