80_FR_82139 80 FR 81888 - Federal Acquisition Regulation; Sole Source Contracts for Women-Owned Small Businesses

80 FR 81888 - Federal Acquisition Regulation; Sole Source Contracts for Women-Owned Small Businesses

DEPARTMENT OF DEFENSE
GENERAL SERVICES ADMINISTRATION
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 80, Issue 251 (December 31, 2015)

Page Range81888-81892
FR Document2015-32428

DoD, GSA, and NASA are issuing an interim rule amending the Federal Acquisition Regulation (FAR) to implement regulatory changes made by the Small Business Administration (SBA) that provide for authority to award sole source contracts to economically disadvantaged women-owned small business concerns and to women-owned small business concerns eligible under the Women-Owned Small Business (WOSB) Program.

Federal Register, Volume 80 Issue 251 (Thursday, December 31, 2015) 
[Federal Register Volume 80, Number 251 (Thursday, December 31, 2015)]
[Rules and Regulations]
[Pages 81888-81892]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2015-32428]


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DEPARTMENT OF DEFENSE

GENERAL SERVICES ADMINISTRATION

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

48 CFR Parts 2, 4, 6, 18, 19, and 52

[FAC 2005-86; FAR Case 2015-032; Item II; Docket No. 2015-0032; 
Sequence No. 1]
RIN 9000-AN13


Federal Acquisition Regulation; Sole Source Contracts for Women-
Owned Small Businesses

AGENCY: Department of Defense (DoD), General Services Administration 
(GSA), and the National Aeronautics and Space Administration (NASA).

ACTION: Interim rule.

-----------------------------------------------------------------------

SUMMARY: DoD, GSA, and NASA are issuing an interim rule amending the 
Federal Acquisition Regulation (FAR) to implement regulatory changes 
made by the Small Business Administration (SBA) that provide for 
authority to award sole source contracts to economically disadvantaged 
women-owned small business concerns and to women-owned small business 
concerns eligible under the Women-Owned Small Business (WOSB) Program.

DATES: Effective: December 31, 2015.
    Comment date: Interested parties should submit written comments to 
the Regulatory Secretariat Division at one of the addresses shown below 
on or before February 29, 2016 to be considered in the formation of the 
final rule.

ADDRESSES: Submit comments identified by FAC 2005-86, FAR Case 2015-
032, by any of the following methods:
     Regulations.gov: http://www.regulations.gov. Submit 
comments via the Federal eRulemaking portal by searching for ``FAR Case 
2015-032.'' Select the link ``Comment Now'' that corresponds with ``FAR 
Case 2015-032.'' Follow the instructions provided on the screen. Please 
include your name, company name (if any), and ``FAR Case 2015-032'' on 
your attached document.
     Mail: General Services Administration, Regulatory 
Secretariat Division (MVCB), ATTN: Ms. Flowers, 1800 F Street NW., 2nd 
Floor, Washington, DC 20405.
    Instructions: Please submit comments only and cite FAC 2005-86, FAR 
Case 2015-032, in all correspondence related to this case. All comments 
received will be posted without change to http://www.regulations.gov, 
including any personal and/or business confidential information 
provided. To confirm receipt of your comment(s), please check 
www.regulations.gov, approximately two to three days after submission 
to verify posting (except allow 30 days for posting of comments 
submitted by mail).

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 Division at 202-501-4755. Please cite FAC 2005-86, FAR Case 
2015-032.

SUPPLEMENTARY INFORMATION: 

I. Background

    This interim rule revises the FAR to implement regulatory changes 
that the SBA has made in its final rule published in the Federal 
Register at 80 FR 55019, on September 14, 2015, concerning sole source 
award authority under the WOSB Program. SBA's final rule implements the 
statutory requirements of paragraph (a)(3) of section 825 of the Carl 
Levin and Howard P. ``Buck'' McKeon National Defense Authorization Act 
(NDAA) for Fiscal Year (FY) 2015, Public Law 113-291, granting 
contracting officers the authority to award sole source contracts to 
both economically disadvantaged women-owned small business (EDWOSB) 
concerns and to WOSB concerns eligible under the WOSB Program.
    The WOSB Program, as set forth in section 8(m) of the Small 
Business Act (15 U.S.C. 637(m)), authorizes contracting officers to 
restrict competition to EDWOSB concerns and to WOSB concerns eligible 
under the WOSB Program for Federal contracts, in certain industries 
that SBA has determined to be underrepresented or substantially 
underrepresented by small business concerns owned and controlled by 
women. DoD, GSA, and NASA published an interim rule for FAR Case 2010-
015 in the Federal Register at 76 FR 18304, on April 1, 2011, providing 
guidance to contracting officers for the set-asides and implementing 
SBA's final rule, published in the Federal Register at 75 FR 62258, on 
October 7, 2010. The FAR rule was finalized with changes and published 
in the Federal Register at 77 FR 12913, on March 2, 2012. The 
establishment of a set-aside mechanism exclusively for women-owned 
small businesses was the first step towards leveling the playing field 
among the socioeconomic programs covered by the Small Business Act, 
i.e., the HUBZone, service-disabled veteran-owned small-business, 8(a), 
and WOSB programs.
    The WOSB Program was subsequently amended in section 825 of the 
NDAA for FY2015, which granted contracting officers the authority to 
award sole source contracts to EDWOSB concerns and WOSB concerns 
eligible under the WOSB Program. SBA established procedures for this 
new statutory authority in its final rule published in the Federal 
Register at 80 FR 55019, on September 14, 2015. As in SBA's earlier 
WOSB Program set-aside rule, sole source awards under the WOSB program 
are only permitted in the industries that SBA has determined to be 
underrepresented or substantially underrepresented by WOSB concerns. 
Implementation of these sole source procedures in the FAR ensures that 
contracting officers will have the tools necessary to maximize Federal 
procurement opportunities for WOSB concerns.

II. Discussion and Analysis

    In keeping with the tenets of the WOSB Program, the sole source 
authority may only be used in industry sectors that SBA has determined 
to be underrepresented or substantially underrepresented by WOSB 
concerns. The same eligibility requirements for participating in set-
asides under the WOSB Program, set forth in SBA's regulations at 13 CFR 
127.100 through 127.509, also apply to sole source acquisitions. In 
general, an award under the WOSB program may be pursued on a sole 
source basis when the contracting officer does not have a reasonable 
expectation, through market research, that two or more eligible EDWOSB 
or WOSB concerns will submit offers at a fair and reasonable price, but 
identifies one responsible EDWOSB or WOSB that can perform at a fair 
and reasonable price. The dollar thresholds for sole source awards are 
equal to or less than $6.5 million for manufacturing requirements and 
equal to or less than $4 million for all other requirements, including 
all options.
    This rule amends FAR subparts 2.1, 4.8, 6.3, 18.1, 19.0, 19.1, 
19.3, 19.15, and 52.2. These changes are summarized in the following 
paragraphs:

[[Page 81889]]

A. Subpart 2.1, Definitions of Words and Terms

     2.101, Definitions. This section is amended to revise the 
definitions of the WOSB Program to include contracts awarded using the 
sole source authority.

B. Subpart 4.8, Government Contract Files

     4.803, Contents of contract files. This section is amended 
to include acquisitions awarded on a sole source basis under the WOSB 
Program.

C. Subpart 6.3, Other Than Full and Open Competition

     6.302-5, Authorized or required by statute. This section 
is amended to add the statutory authority to make sole source awards 
under the WOSB program (15 U.S.C. 637(m)).

D. Subpart 18.1, Available Acquisition Flexibilities

     18.117, Awards to economically disadvantaged women-owned 
small business concerns and women-owned small business concerns 
eligible under the Women-Owned Small Business Program. This section is 
amended to add the statutory authority to make sole source awards under 
the WOSB Program.

PART 19--Small Business Programs

E. 19.000, Scope of Part.

    This section is amended to include the authority for sole source 
awards to EDWOSB concerns and WOSB concerns eligible under the WOSB 
program.

F. Subpart 19.1--Size Standards

     19.102, Size standards. This section is amended to make 
conforming changes.

G. Subpart 19.3--Determination of Small Business Status for Small 
Business Programs

     19.308, Protesting a firm's status as an economically 
disadvantaged women-owned small business concern or women-owned small 
business concern eligible under the Women-Owned Small Business Program. 
This section is amended to include protests of sole source 
acquisitions.

H. Subpart 19.15, Women-Owned Small Business Program

     19.1505, Set-aside procedures. This section is amended for 
editorial changes.
     19.1506, Women-Owned Small Business Program sole source 
awards. This section replaces the current FAR 19.1506, Contract 
clauses, and discusses the conditions under which a contracting officer 
may award a sole source contract to an EDWOSB concern or to a WOSB 
concern eligible under the WOSB Program.
     FAR 19.1507, Contract clauses. This section is renumbered 
(from 19.1506 to 19.1507) and amended to make conforming changes.

I. Subpart 52.2, Text of Provisions and Clauses

     FAR 52.212-5, Contract Terms and Conditions Required to 
Implement Statutes or Executive Orders--Commercial Items. This clause 
is amended to make conforming changes.
     FAR 52.219-29, Notice of Set-Aside for Economically 
Disadvantaged Women-Owned Small Business Concerns. This clause is 
amended to add sole source awards.
     FAR 52.219-30 Notice of Set-Aside for Women-Owned Small 
Business Concerns. This clause is amended to add sole source awards.

III. Applicability to Contracts at or Below the Simplified Acquisition 
Threshold and for Commercial Items, Including Commercially Available 
Off-the-Shelf Items

    This rule amends the FAR clauses at 52.219-29, Notice of Set-Aside 
for Economically Disadvantaged Women-owned Small Business Concerns, and 
52.219-30, Notice of Set-Aside for Women-Owned Small Business Concerns 
Eligible Under the Women-Owned Small Business Program, in order to 
implement paragraph (a)(3) of section 825 of the NDAA for FY 2015. The 
Federal Acquisition Regulatory Council, pursuant to the authority 
granted in 41 U.S.C. 1905 and 1906, and the Administrator, Office of 
Federal Procurement Policy, pursuant to the authority granted in 41 
U.S.C. 1907, have determined that the application of this statutory 
authority to contracts at or below the simplified acquisition threshold 
and to contracts for commercial items and commercially available off-
the-shelf items, is in the best interests of the Federal Government.

IV. 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 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.

V. Regulatory Flexibility Act

    The changes may have a significant economic impact on a substantial 
number of small entities within the meaning of the Regulatory 
Flexibility Act 5 U.S.C. 601, et seq. The Initial Regulatory 
Flexibility Analysis (IRFA) is summarized as follows:

    DoD, GSA, and NASA are proposing to amend the Federal 
Acquisition Regulation (FAR) to implement paragraph (a)(3) of 
section 825 of the Carl Levin and Howard P. `Buck' McKeon National 
Defense Authorization Act (NDAA) for Fiscal Year (FY) 2015, Public 
Law 113-291. Section 825 of the NDAA for FY 2015 included language 
granting contracting officers the authority to award sole source 
contracts to Women-Owned Small Businesses (WOSBs) and Economically 
Disadvantaged Women-Owned Small Businesses (EDWOSBs) under the WOSB 
Program.
    The objectives of this interim rule are to put the WOSB Program 
on a level playing field with other SBA Government contracting 
programs that have sole source authority, and to provide an 
additional, needed tool for agencies to meet the statutorily 
mandated goal of 5 percent of the total value of all prime contract 
and subcontract awards for WOSBs. The authorizing legislation is 
paragraph (a)(3) of section 825 of the NDAA for Fiscal Year 2015.
    This rule may have a positive economic impact on WOSB concerns. 
The Dynamic Small Business Supplemental Search (DSBS) lists 
approximately 41,500 firms as either WOSBs or EDWOSBs under the WOSB 
Program. An analysis of the Federal Procurement Data System from 
April 1, 2011 (the implementation date of the WOSB Program), through 
September 1, 2015, revealed that there were approximately 44,053 
women-owned small business concerns, including 332 EDWOSBs and 1,063 
WOSBs eligible under the WOSB Program, that received obligated funds 
from Federal contract awards, task or delivery orders, and 
modifications to existing contracts. This rule could affect a 
smaller number of EDWOSBs and WOSBs than those eligible under the 
WOSB Program since the sole source authority can only be used where 
a contracting officer does not have a reasonable expectation, 
through market research, that two or more eligible EDWOSB or WOSB 
concerns will submit offers at a fair and reasonable price; in 
addition, the sole source authority for WOSBs and EDWOSBs is limited 
to contracts valued at $6.5 million or less for manufacturing 
contracts and $4 million or less for all other contracts.
    This interim rule does not impose any new reporting, 
recordkeeping or other compliance requirements for small businesses. 
This rule

[[Page 81890]]

does not duplicate, overlap, or conflict with any other Federal 
rules.

    The Regulatory Secretariat has submitted a copy of the IRFA to the 
Chief Counsel for Advocacy of the SBA. A copy of the IRFA may be 
obtained from the Regulatory Secretariat Division. DoD, GSA, and NASA 
invite comments from small business concerns and other interested 
parties on the expected impact of this rule on small entities.
    DoD, GSA, and NASA will also consider comments from small entities 
concerning the existing regulations in subparts affected by the rule 
consistent with 5 U.S.C. 610. Interested parties must submit such 
comments separately and should cite 5 U.S.C. 610 (FAR Case 2015-032), 
in correspondence.

VI. Paperwork Reduction Act

    The interim 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).

VII. Determination To Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense (DoD), the Administrator of General Services (GSA), and the 
Administrator of the National Aeronautics and Space Administration 
(NASA) that urgent and compelling reasons exist to promulgate this 
interim rule without prior opportunity for public comment. This action 
is necessary to meet the Congressional intent of leveling the playing 
field between the Women-Owned Small Business (WOSB) Program and SBA's 
other socioeconomic contracting programs. Prior to passage of section 
825 of the National Defense Authorization Act for Fiscal Year 2015, the 
WOSB Program was the only socioeconomic small business program that did 
not provide contracting officials the authority to make sole source 
awards to its intended beneficiaries.
    WOSBs are an important growth area in the U.S. economy and yet the 
Federal Government has consistently failed to achieve the minimum five 
percent annual women-owned small business participation goal set forth 
in statute. As a result, women entrepreneurs continue to struggle to 
gain access to the Federal marketplace. This situation will persist, 
and women-owned small businesses will be excluded from valuable Federal 
procurement opportunities on a daily basis unless the sole source 
authority for EDWOSBs and WOSBs is implemented as quickly as possible. 
The new sole source authority allows contracting officers to implement 
the preferences accorded under the WOSB Program to the fullest extent 
possible, and serves as an additional, needed tool to increase 
procurement opportunities for WOSBs.
    The statute went into effect on the date of enactment, December 19, 
2014. The SBA final rule went into effect October 14, 2015. Pursuant to 
41 U.S.C. 1707 and FAR 1.501-3(b), DoD, GSA, and NASA will consider 
public comments received in response to this interim rule in the 
formation of the final rule.

List of Subjects in 48 CFR Parts 2, 4, 6, 18, 19, and 52

    Government procurement.

    Dated: December 17, 2015.
William F. Clark,
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 2, 4, 6, 18, 19, 
and 52 as set forth below:

0
1. The authority citation for 48 CFR parts 2, 4, 6, 18, 19, and 52 
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 2--DEFINITIONS OF WORDS AND TERMS

0
2. Amend section 2.101, paragraph (b)(2), the definition ``Women-Owned 
Small Business (WOSB) Program'' by--
0
a. Revising the introductory text of paragraph (1) and paragraph 
(1)(i);
0
b. Removing from paragraph (1)(ii) ``Eligible'' and adding to the end 
of the paragraph ``in Federal procurement''; and
0
c. Removing from the last sentence in paragraph (2) ``business 
concern'' and adding ``business (WOSB) concern'' in its place.
    The revisions read as follows:


2.101   Definitions.

* * * * *
    (b) * * *
    Women-Owned Small Business (WOSB) Program. (1) Women-Owned Small 
Business (WOSB) Program means a program that authorizes contracting 
officers to limit competition, including award on a sole source basis, 
to--
    (i) Economically disadvantaged women-owned small business (EDWOSB) 
concerns eligible under the WOSB Program for Federal contracts assigned 
a North American Industry Classification Systems (NAICS) code in an 
industry in which the Small Business Administration (SBA) has 
determined that WOSB concerns are underrepresented in Federal 
procurement; and
* * * * *

PART 4--ADMINISTRATIVE MATTERS

0
3. Amend section 4.803 by revising the introductory text of paragraph 
(a)(42) and paragraphs (a)(42)(ii)(A) and (B) to read as follows:


4.803   Contents of contract files.

* * * * *
    (a) * * *
    (42) When limiting competition, or awarding on a sole source basis, 
to economically disadvantaged women-owned small business (EDWOSB) 
concerns or women-owned small business (WOSB) concerns eligible under 
the WOSB Program in accordance with subpart 19.15, include 
documentation--
* * * * *
    (ii) * * *
    (A) Underrepresented for EDWOSB concerns; or
    (B) Substantially underrepresented for WOSB concerns.
* * * * *

PART 6--COMPETITION REQUIREMENTS

0
4. Amend section 6.302-5 by adding paragraph (b)(7) to read as follows:


6.302-5   Authorized or required by statute.

* * * * *
    (b) * * *
    (7) Sole source awards under the WOSB Program-15 U.S.C. 637(m) (see 
19.1506).
* * * * *

PART 18--EMERGENCY ACQUISITIONS

0
5. Revise section 18.117 to read as follows:


18.117   Awards to economically disadvantaged women-owned small 
business concerns and women-owned small business concerns eligible 
under the Women-Owned Small Business Program.

    Contracts may be awarded to economically disadvantaged women-owned 
small business (EDWOSB) concerns and women-owned small business (WOSB) 
concerns eligible under the WOSB Program on a competitive or sole 
source basis. (See subpart 19.15.)

PART 19--SMALL BUSINESS PROGRAMS

0
6. Amend section 19.000 by--
0
a. Revising paragraph (a)(3);

[[Page 81891]]

0
b. Removing paragraph (a)(7);
0
c. Redesignating paragraphs (a)(8) through (10) as paragraphs (a)(7) 
through (9), respectively; and
0
d. Revising newly redesignated paragraph (a)(9).
    The revisions read as follows:


19.000   Scope of part.

    (a) * * *
    (3) Setting acquisitions aside for exclusive competitive 
participation by small business, 8(a) business development 
participants, HUBZone small business concerns, service-disabled 
veteran-owned small business concerns, and economically disadvantaged 
women-owned small business (EDWOSB) concerns and women-owned small 
business (WOSB) concerns eligible under the WOSB Program;
* * * * *
    (9) Sole source awards to HUBZone small business concerns, service-
disabled veteran-owned small business concerns, and EDWOSB concerns and 
WOSB concerns eligible under the WOSB Program.
* * * * *


0
7. Amend section 19.102 by revising the last sentence of paragraph 
(f)(1) to read as follows:


19.102   Size standards.

* * * * *
    (f) * * *
    (1) * * * However, see the limitations on subcontracting at 52.219-
14 that apply to any small business offeror other than a 
nonmanufacturer for purposes of set-asides and 8(a) awards, 52.219-3 
for HUBZone set-asides and HUBZone sole source awards, 52.219-27 for 
SDVOSB set-asides and SDVOSB sole source awards, 52.219-29 for 
economically disadvantaged women-owned small business (EDWOSB) set-
asides and EDWOSB sole source awards, and 52.219-30 for set-asides and 
sole source awards to women-owned small business (WOSB) concerns 
eligible under the WOSB Program.
* * * * *


0
8. Amend section 19.308 by revising the section heading and paragraph 
(b)(1) to read as follows:


19.308   Protesting a firm's status as an economically disadvantaged 
women-owned small business concern or women-owned small business 
concern eligible under the Women-Owned Small Business Program.

* * * * *
    (b)(1) For sole source acquisitions, the contracting officer or SBA 
may protest the offeror's status as an economically disadvantaged 
women-owned small business (EDWOSB) concern or as a WOSB concern 
eligible under the WOSB Program. For all other acquisitions, an 
interested party (see 13 CFR 127.102) may protest the apparent 
successful offeror's EDWOSB or WOSB status.
* * * * *


0
9. Revise the heading of subpart 19.15 to read as follows:

Subpart 19.15--Women-Owned Small Business Program

* * * * *


0
10. Amend section 19.1505 by revising paragraph (a)(2) to read as 
follows:


19.1505   Set-aside procedures.

    (a) * * *
    (2) May set aside acquisitions exceeding the micro-purchase 
threshold for competition restricted to EDWOSB concerns or WOSB 
concerns eligible under the WOSB Program when the acquisition--
    (i) Is assigned a NAICS code in which SBA has determined that WOSB 
concerns are underrepresented in Federal procurement; or
    (ii) Is assigned a NAICS code in which SBA has determined that WOSB 
concerns are substantially underrepresented in Federal procurement, as 
specified on SBA's Web site at http://www.sba.gov/WOSB.
* * * * *


19.1506   [Redesignated as 19.1507]

0
11. Redesignate section 19.1506 as section 19.1507.
0
12. Add section 19.1506 to read as follows:


19.1506   Women-Owned Small Business Program sole source awards.

    (a) A contracting officer shall consider a contract award to an 
EDWOSB concern on a sole source basis (see 6.302-5(b)(7)) before 
considering small business set-asides (see 19.203 and subpart 19.5) 
provided none of the exclusions at 19.1504 apply and--
    (1) The acquisition is assigned a NAICS code in which SBA has 
determined that WOSB concerns are underrepresented in Federal 
procurement;
    (2) The contracting officer does not have a reasonable expectation 
that offers would be received from two or more EDWOSB concerns; and
    (3) The conditions in paragraph (c) of this section exist.
    (b) A contracting officer shall consider a contract award to a WOSB 
concern (including EDWOSB concerns) eligible under the WOSB Program on 
a sole source basis (see 6.302-5(b)(7)) before considering small 
business set-asides (see 19.203 and subpart 19.5) provided none of the 
exclusions at 19.1504 apply and--
    (1) The acquisition is assigned a NAICS code in which SBA has 
determined that WOSB concerns are substantially underrepresented in 
Federal procurement;
    (2) The contracting officer does not have a reasonable expectation 
that offers would be received from two or more WOSB concerns (including 
EDWOSB concerns); and
    (3) The conditions in paragraph (c) of this section exist.
    (c)(1) The anticipated award price of the contract, including 
options, will not exceed--
    (i) $6.5 million for a requirement within the NAICS codes for 
manufacturing; or
    (ii) $4 million for a requirement within any other NAICS codes.
    (2) The EDWOSB concern or WOSB concern has been determined to be a 
responsible contractor with respect to performance.
    (3) The award can be made at a fair and reasonable price.
    (d) The SBA has the right to appeal the contracting officer's 
decision not to make a sole source award to either an EDWOSB concern or 
WOSB concern eligible under the WOSB program.
    12. Revise newly redesignated section 19.1507 to read as follows:
    19.1507 Contract clauses.
    (a) The contracting officer shall insert the clause 52.219-29, 
Notice of Set-Aside for, or Sole Source Award to, Economically 
Disadvantaged Women-owned Small Business Concerns, in solicitations and 
contracts for acquisitions that are set aside or reserved for, or 
awarded on a sole source basis to, EDWOSB concerns under 19.1505(b) or 
19.1506(a). This includes multiple-award contracts when orders may be 
set aside for EDWOSB concerns as described in 8.405-5 and 
16.505(b)(2)(i)(F).
    (b) The contracting officer shall insert the clause 52.219-30, 
Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small 
Business Concerns Eligible Under the Women-Owned Small Business 
Program, in solicitations and contracts for acquisitions that are set 
aside or reserved for, or awarded on a sole source basis to WOSB 
concerns under 19.1505(c) or 19.1506(b). This includes multiple-award 
contracts when orders may be set aside for WOSB concerns eligible under 
the WOSB Program as

[[Page 81892]]

described in 8.405-5 and 16.505(b)(2)(i)(F).

PART 52--SOLICITATION PROVISIONS AND CONTRACT CLAUSES

0
13. Amend section 52.212-5 by revising the date of the clause and 
paragraphs (b)(23) and (24) to read as follows:


52.212-5  Contract Terms and Conditions Required To Implement Statutes 
or Executive Orders--Commercial Items.

* * * * *

Contract Terms and Conditions Required To Implement Statutes or 
Executive Orders--Commercial Items (Dec 2015)

* * * * *
    (b)* * *
    ___(23) 52.219-29, Notice of Set-Aside for, or Sole Source Award 
to, Economically Disadvantaged Women-Owned Small Business Concerns (Dec 
2015) (15 U.S.C. 637(m)).
    ___(24) 52.219-30, Notice of Set-Aside for, or Sole Source Award 
to, Women-Owned Small Business Concerns Eligible Under the Women-Owned 
Small Business Program (Dec 2015) (15 U.S.C. 637(m)).
* * * * *


0
14. Amend section 52.219-29 by revising the section heading, the 
introductory paragraph, the title and date of the clause, and paragraph 
(b)(1) to read as follows:


52.219-29  Notice of Set-Aside for, or Sole Source Award to, 
Economically Disadvantaged Women-Owned Small Business Concerns.

    As prescribed in 19.1507, insert the following clause:

Notice of Set-Aside for, or Sole Source Award to, Economically 
Disadvantaged Women-Owned Small Business Concerns (Dec 2015)

* * * * *
    (b) * * *
    (1) Contracts that have been set aside or reserved for, or awarded 
on a sole source basis to, EDWOSB concerns;
* * * * *


0
15. Amend section 52.219-30 by revising the section heading, the 
introductory paragraph, the title and date of clause, and paragraph 
(b)(1) to read as follows:


52.219-30  Notice of Set-Aside for, or Sole Source Award to, Women-
Owned Small Business Concerns Eligible Under the Women-Owned Small 
Business Program.

    As prescribed in 19.1507, insert the following clause:

Notice of Set-Aside for, or Sole Source Award to, Women-Owned Small 
Business Concerns Eligible Under the Women-Owned Small Business Program 
(Dec 2015)

* * * * *
    (b) * * *
    (1) Contracts that have been set aside or reserved for, or awarded 
on a sole source basis to, WOSB concerns eligible under the WOSB 
Program;
* * * * *
[FR Doc. 2015-32428 Filed 12-30-15; 8:45 am]
 BILLING CODE 6820-EP-P

81888 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations with two or more sources pursuant to 1800 F Street NW., 2nd Floor, published in the Federal Register at 77 the same solicitation. Washington, DC 20405. FR 12913, on March 2, 2012. The * * * * * Instructions: Please submit comments establishment of a set-aside mechanism [FR Doc. 2015–32427 Filed 12–30–15; 8:45 am] only and cite FAC 2005–86, FAR Case exclusively for women-owned small 2015–032, in all correspondence related businesses was the first step towards BILLING CODE 6820–EP–P to this case. All comments received will leveling the playing field among the be posted without change to http:// socioeconomic programs covered by the DEPARTMENT OF DEFENSE www.regulations.gov, including any Small Business Act, i.e., the HUBZone, personal and/or business confidential service-disabled veteran-owned small- GENERAL SERVICES information provided. To confirm business, 8(a), and WOSB programs. ADMINISTRATION receipt of your comment(s), please check www.regulations.gov, The WOSB Program was subsequently approximately two to three days after amended in section 825 of the NDAA NATIONAL AERONAUTICS AND submission to verify posting (except for FY2015, which granted contracting SPACE ADMINISTRATION allow 30 days for posting of comments officers the authority to award sole submitted by mail). source contracts to EDWOSB concerns 48 CFR Parts 2, 4, 6, 18, 19, and 52 and WOSB concerns eligible under the FOR FURTHER INFORMATION CONTACT: Ms. [FAC 2005–86; FAR Case 2015–032; Item WOSB Program. SBA established Mahruba Uddowla, Procurement II; Docket No. 2015–0032; Sequence No. 1] procedures for this new statutory Analyst, at 703–605–2868 for clarification of content. For information authority in its final rule published in RIN 9000–AN13 the Federal Register at 80 FR 55019, on pertaining to status or publication schedules, contact the Regulatory September 14, 2015. As in SBA’s earlier Federal Acquisition Regulation; Sole Secretariat Division at 202–501–4755. WOSB Program set-aside rule, sole Source Contracts for Women-Owned Please cite FAC 2005–86, FAR Case source awards under the WOSB Small Businesses 2015–032. program are only permitted in the AGENCY: Department of Defense (DoD), industries that SBA has determined to SUPPLEMENTARY INFORMATION: General Services Administration (GSA), be underrepresented or substantially and the National Aeronautics and Space I. Background underrepresented by WOSB concerns. Administration (NASA). This interim rule revises the FAR to Implementation of these sole source ACTION: Interim rule. implement regulatory changes that the procedures in the FAR ensures that SBA has made in its final rule published contracting officers will have the tools SUMMARY: DoD, GSA, and NASA are in the Federal Register at 80 FR 55019, necessary to maximize Federal issuing an interim rule amending the on September 14, 2015, concerning sole procurement opportunities for WOSB Federal Acquisition Regulation (FAR) to source award authority under the WOSB concerns. implement regulatory changes made by Program. SBA’s final rule implements the Small Business Administration II. Discussion and Analysis the statutory requirements of paragraph (SBA) that provide for authority to (a)(3) of section 825 of the Carl Levin In keeping with the tenets of the award sole source contracts to and Howard P. ‘‘Buck’’ McKeon WOSB Program, the sole source economically disadvantaged women- National Defense Authorization Act authority may only be used in industry owned small business concerns and to (NDAA) for Fiscal Year (FY) 2015, sectors that SBA has determined to be women-owned small business concerns Public Law 113–291, granting eligible under the Women-Owned Small underrepresented or substantially contracting officers the authority to underrepresented by WOSB concerns. Business (WOSB) Program. award sole source contracts to both The same eligibility requirements for DATES: Effective: December 31, 2015. economically disadvantaged women- participating in set-asides under the Comment date: Interested parties owned small business (EDWOSB) WOSB Program, set forth in SBA’s should submit written comments to the concerns and to WOSB concerns eligible regulations at 13 CFR 127.100 through Regulatory Secretariat Division at one of under the WOSB Program. 127.509, also apply to sole source the addresses shown below on or before The WOSB Program, as set forth in acquisitions. In general, an award under February 29, 2016 to be considered in section 8(m) of the Small Business Act the WOSB program may be pursued on the formation of the final rule. (15 U.S.C. 637(m)), authorizes a sole source basis when the contracting ADDRESSES: Submit comments contracting officers to restrict officer does not have a reasonable identified by FAC 2005–86, FAR Case competition to EDWOSB concerns and expectation, through market research, 2015–032, by any of the following to WOSB concerns eligible under the that two or more eligible EDWOSB or methods: WOSB Program for Federal contracts, in WOSB concerns will submit offers at a • Regulations.gov: http:// certain industries that SBA has fair and reasonable price, but identifies www.regulations.gov. Submit comments determined to be underrepresented or one responsible EDWOSB or WOSB that via the Federal eRulemaking portal by substantially underrepresented by small can perform at a fair and reasonable searching for ‘‘FAR Case 2015–032.’’ business concerns owned and price. The dollar thresholds for sole Select the link ‘‘Comment Now’’ that controlled by women. DoD, GSA, and source awards are equal to or less than corresponds with ‘‘FAR Case 2015– NASA published an interim rule for $6.5 million for manufacturing 032.’’ Follow the instructions provided FAR Case 2010–015 in the Federal on the screen. Please include your Register at 76 FR 18304, on April 1, requirements and equal to or less than tkelley on DSK3SPTVN1PROD with RULES2 name, company name (if any), and 2011, providing guidance to contracting $4 million for all other requirements, ‘‘FAR Case 2015–032’’ on your attached officers for the set-asides and including all options. document. implementing SBA’s final rule, This rule amends FAR subparts 2.1, • Mail: General Services published in the Federal Register at 75 4.8, 6.3, 18.1, 19.0, 19.1, 19.3, 19.15, and Administration, Regulatory Secretariat FR 62258, on October 7, 2010. The FAR 52.2. These changes are summarized in Division (MVCB), ATTN: Ms. Flowers, rule was finalized with changes and the following paragraphs: VerDate Sep<11>2014 17:22 Dec 30, 2015 Jkt 238001 PO 00000 Frm 00004 Fmt 4701 Sfmt 4700 E:\FR\FM\31DER2.SGM 31DER2

Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations 81889 A. Subpart 2.1, Definitions of Words contracting officer may award a sole harmonizing rules, and of promoting and Terms source contract to an EDWOSB concern flexibility. This is a significant • 2.101, Definitions. This section is or to a WOSB concern eligible under the regulatory action and, therefore, was amended to revise the definitions of the WOSB Program. subject to review under section 6(b) of • FAR 19.1507, Contract clauses. This E.O. 12866, Regulatory Planning and WOSB Program to include contracts section is renumbered (from 19.1506 to Review, dated September 30, 1993. This awarded using the sole source authority. 19.1507) and amended to make rule is not a major rule under 5 U.S.C. B. Subpart 4.8, Government Contract conforming changes. 804. Files I. Subpart 52.2, Text of Provisions and V. Regulatory Flexibility Act • 4.803, Contents of contract files. Clauses The changes may have a significant This section is amended to include • FAR 52.212–5, Contract Terms and economic impact on a substantial acquisitions awarded on a sole source Conditions Required to Implement number of small entities within the basis under the WOSB Program. Statutes or Executive Orders— meaning of the Regulatory Flexibility C. Subpart 6.3, Other Than Full and Commercial Items. This clause is Act 5 U.S.C. 601, et seq. The Initial Open Competition amended to make conforming changes. Regulatory Flexibility Analysis (IRFA) is • FAR 52.219–29, Notice of Set-Aside summarized as follows: • 6.302–5, Authorized or required by for Economically Disadvantaged statute. This section is amended to add DoD, GSA, and NASA are proposing to Women-Owned Small Business amend the Federal Acquisition Regulation the statutory authority to make sole Concerns. This clause is amended to source awards under the WOSB (FAR) to implement paragraph (a)(3) of add sole source awards. section 825 of the Carl Levin and Howard P. program (15 U.S.C. 637(m)). • FAR 52.219–30 Notice of Set-Aside ‘Buck’ McKeon National Defense D. Subpart 18.1, Available Acquisition for Women-Owned Small Business Authorization Act (NDAA) for Fiscal Year Flexibilities Concerns. This clause is amended to (FY) 2015, Public Law 113–291. Section 825 add sole source awards. of the NDAA for FY 2015 included language • 18.117, Awards to economically granting contracting officers the authority to disadvantaged women-owned small III. Applicability to Contracts at or award sole source contracts to Women- business concerns and women-owned Below the Simplified Acquisition Owned Small Businesses (WOSBs) and small business concerns eligible under Threshold and for Commercial Items, Economically Disadvantaged Women-Owned the Women-Owned Small Business Including Commercially Available Off- Small Businesses (EDWOSBs) under the the-Shelf Items WOSB Program. Program. This section is amended to The objectives of this interim rule are to add the statutory authority to make sole This rule amends the FAR clauses at put the WOSB Program on a level playing source awards under the WOSB 52.219–29, Notice of Set-Aside for field with other SBA Government contracting Program. Economically Disadvantaged Women- programs that have sole source authority, and owned Small Business Concerns, and to provide an additional, needed tool for PART 19—Small Business Programs agencies to meet the statutorily mandated 52.219–30, Notice of Set-Aside for E. 19.000, Scope of Part. goal of 5 percent of the total value of all Women-Owned Small Business prime contract and subcontract awards for This section is amended to include Concerns Eligible Under the Women- WOSBs. The authorizing legislation is the authority for sole source awards to Owned Small Business Program, in paragraph (a)(3) of section 825 of the NDAA EDWOSB concerns and WOSB concerns order to implement paragraph (a)(3) of for Fiscal Year 2015. eligible under the WOSB program. section 825 of the NDAA for FY 2015. This rule may have a positive economic The Federal Acquisition Regulatory impact on WOSB concerns. The Dynamic F. Subpart 19.1—Size Standards Council, pursuant to the authority Small Business Supplemental Search (DSBS) • 19.102, Size standards. This section granted in 41 U.S.C. 1905 and 1906, and lists approximately 41,500 firms as either WOSBs or EDWOSBs under the WOSB is amended to make conforming the Administrator, Office of Federal Program. An analysis of the Federal changes. Procurement Policy, pursuant to the Procurement Data System from April 1, 2011 authority granted in 41 U.S.C. 1907, (the implementation date of the WOSB G. Subpart 19.3—Determination of have determined that the application of Program), through September 1, 2015, Small Business Status for Small this statutory authority to contracts at or revealed that there were approximately Business Programs 44,053 women-owned small business below the simplified acquisition • 19.308, Protesting a firm’s status as threshold and to contracts for concerns, including 332 EDWOSBs and 1,063 an economically disadvantaged women- commercial items and commercially WOSBs eligible under the WOSB Program, owned small business concern or available off-the-shelf items, is in the that received obligated funds from Federal contract awards, task or delivery orders, and women-owned small business concern best interests of the Federal modifications to existing contracts. This rule eligible under the Women-Owned Small Government. could affect a smaller number of EDWOSBs Business Program. This section is and WOSBs than those eligible under the amended to include protests of sole IV. Executive Orders 12866 and 13563 WOSB Program since the sole source source acquisitions. Executive Orders (E.O.s) 12866 and authority can only be used where a 13563 direct agencies to assess all costs contracting officer does not have a reasonable H. Subpart 19.15, Women-Owned Small and benefits of available regulatory expectation, through market research, that Business Program alternatives and, if regulation is two or more eligible EDWOSB or WOSB • 19.1505, Set-aside procedures. This necessary, to select regulatory concerns will submit offers at a fair and section is amended for editorial approaches that maximize net benefits reasonable price; in addition, the sole source tkelley on DSK3SPTVN1PROD with RULES2 authority for WOSBs and EDWOSBs is changes. (including potential economic, limited to contracts valued at $6.5 million or • 19.1506, Women-Owned Small environmental, public health and safety less for manufacturing contracts and $4 Business Program sole source awards. effects, distributive impacts, and million or less for all other contracts. This section replaces the current FAR equity). E.O. 13563 emphasizes the This interim rule does not impose any new 19.1506, Contract clauses, and discusses importance of quantifying both costs reporting, recordkeeping or other compliance the conditions under which a and benefits, of reducing costs, of requirements for small businesses. This rule VerDate Sep<11>2014 17:22 Dec 30, 2015 Jkt 238001 PO 00000 Frm 00005 Fmt 4701 Sfmt 4700 E:\FR\FM\31DER2.SGM 31DER2

81890 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations does not duplicate, overlap, or conflict with officers to implement the preferences underrepresented in Federal any other Federal rules. accorded under the WOSB Program to procurement; and The Regulatory Secretariat has the fullest extent possible, and serves as * * * * * submitted a copy of the IRFA to the an additional, needed tool to increase Chief Counsel for Advocacy of the SBA. procurement opportunities for WOSBs. PART 4—ADMINISTRATIVE MATTERS A copy of the IRFA may be obtained The statute went into effect on the from the Regulatory Secretariat date of enactment, December 19, 2014. ■ 3. Amend section 4.803 by revising Division. DoD, GSA, and NASA invite The SBA final rule went into effect the introductory text of paragraph comments from small business concerns October 14, 2015. Pursuant to 41 U.S.C. (a)(42) and paragraphs (a)(42)(ii)(A) and and other interested parties on the 1707 and FAR 1.501–3(b), DoD, GSA, (B) to read as follows: expected impact of this rule on small and NASA will consider public 4.803 Contents of contract files. entities. comments received in response to this DoD, GSA, and NASA will also interim rule in the formation of the final * * * * * consider comments from small entities rule. (a) * * * concerning the existing regulations in (42) When limiting competition, or subparts affected by the rule consistent List of Subjects in 48 CFR Parts 2, 4, 6, awarding on a sole source basis, to with 5 U.S.C. 610. Interested parties 18, 19, and 52 economically disadvantaged women- must submit such comments separately Government procurement. owned small business (EDWOSB) and should cite 5 U.S.C. 610 (FAR Case concerns or women-owned small Dated: December 17, 2015. business (WOSB) concerns eligible 2015–032), in correspondence. William F. Clark, under the WOSB Program in accordance VI. Paperwork Reduction Act Director, Office of Government-wide with subpart 19.15, include The interim rule does not contain any Acquisition Policy, Office of Acquisition documentation— Policy, Office of Government-wide Policy. information collection requirements that * * * * * require the approval of the Office of Therefore, DoD, GSA, and NASA (ii) * * * Management and Budget under the amend 48 CFR parts 2, 4, 6, 18, 19, and (A) Underrepresented for EDWOSB Paperwork Reduction Act (44 U.S.C. 52 as set forth below: concerns; or chapter 35). ■ 1. The authority citation for 48 CFR (B) Substantially underrepresented for VII. Determination To Issue an Interim parts 2, 4, 6, 18, 19, and 52 continues WOSB concerns. Rule to read as follows: * * * * * A determination has been made under Authority: 40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 51 U.S.C. 20113. PART 6—COMPETITION the authority of the Secretary of Defense REQUIREMENTS (DoD), the Administrator of General PART 2—DEFINITIONS OF WORDS Services (GSA), and the Administrator AND TERMS ■ 4. Amend section 6.302–5 by adding of the National Aeronautics and Space paragraph (b)(7) to read as follows: Administration (NASA) that urgent and ■ 2. Amend section 2.101, paragraph compelling reasons exist to promulgate (b)(2), the definition ‘‘Women-Owned 6.302–5 Authorized or required by statute. this interim rule without prior Small Business (WOSB) Program’’ by— * * * * * opportunity for public comment. This ■ a. Revising the introductory text of (b) * * * action is necessary to meet the paragraph (1) and paragraph (1)(i); (7) Sole source awards under the Congressional intent of leveling the ■ b. Removing from paragraph (1)(ii) WOSB Program-15 U.S.C. 637(m) (see playing field between the Women- ‘‘Eligible’’ and adding to the end of the 19.1506). Owned Small Business (WOSB) paragraph ‘‘in Federal procurement’’; * * * * * Program and SBA’s other socioeconomic and contracting programs. Prior to passage of ■ c. Removing from the last sentence in PART 18—EMERGENCY section 825 of the National Defense paragraph (2) ‘‘business concern’’ and ACQUISITIONS Authorization Act for Fiscal Year 2015, adding ‘‘business (WOSB) concern’’ in the WOSB Program was the only its place. ■ 5. Revise section 18.117 to read as socioeconomic small business program The revisions read as follows: follows: that did not provide contracting officials 2.101 Definitions. 18.117 Awards to economically the authority to make sole source disadvantaged women-owned small awards to its intended beneficiaries. * * * * * business concerns and women-owned WOSBs are an important growth area (b) * * * small business concerns eligible under the in the U.S. economy and yet the Federal Women-Owned Small Business Women-Owned Small Business Program. Government has consistently failed to (WOSB) Program. (1) Women-Owned Contracts may be awarded to achieve the minimum five percent Small Business (WOSB) Program means economically disadvantaged women- annual women-owned small business a program that authorizes contracting owned small business (EDWOSB) participation goal set forth in statute. As officers to limit competition, including concerns and women-owned small a result, women entrepreneurs continue award on a sole source basis, to— business (WOSB) concerns eligible to struggle to gain access to the Federal (i) Economically disadvantaged under the WOSB Program on a marketplace. This situation will persist, women-owned small business competitive or sole source basis. (See and women-owned small businesses (EDWOSB) concerns eligible under the tkelley on DSK3SPTVN1PROD with RULES2 subpart 19.15.) will be excluded from valuable Federal WOSB Program for Federal contracts procurement opportunities on a daily assigned a North American Industry PART 19—SMALL BUSINESS basis unless the sole source authority for Classification Systems (NAICS) code in PROGRAMS EDWOSBs and WOSBs is implemented an industry in which the Small Business as quickly as possible. The new sole Administration (SBA) has determined ■ 6. Amend section 19.000 by— source authority allows contracting that WOSB concerns are ■ a. Revising paragraph (a)(3); VerDate Sep<11>2014 17:22 Dec 30, 2015 Jkt 238001 PO 00000 Frm 00006 Fmt 4701 Sfmt 4700 E:\FR\FM\31DER2.SGM 31DER2

Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations 81891 ■ b. Removing paragraph (a)(7); business (EDWOSB) concern or as a under the WOSB Program on a sole ■ c. Redesignating paragraphs (a)(8) WOSB concern eligible under the source basis (see 6.302–5(b)(7)) before through (10) as paragraphs (a)(7) WOSB Program. For all other considering small business set-asides through (9), respectively; and acquisitions, an interested party (see 13 (see 19.203 and subpart 19.5) provided ■ d. Revising newly redesignated CFR 127.102) may protest the apparent none of the exclusions at 19.1504 apply paragraph (a)(9). successful offeror’s EDWOSB or WOSB and— The revisions read as follows: status. (1) The acquisition is assigned a 19.000 Scope of part. * * * * * NAICS code in which SBA has determined that WOSB concerns are (a) * * * ■ 9. Revise the heading of subpart 19.15 substantially underrepresented in (3) Setting acquisitions aside for to read as follows: Federal procurement; exclusive competitive participation by (2) The contracting officer does not small business, 8(a) business Subpart 19.15—Women-Owned Small have a reasonable expectation that offers development participants, HUBZone Business Program would be received from two or more small business concerns, service- * * * * * WOSB concerns (including EDWOSB disabled veteran-owned small business concerns); and concerns, and economically ■ 10. Amend section 19.1505 by disadvantaged women-owned small (3) The conditions in paragraph (c) of revising paragraph (a)(2) to read as this section exist. business (EDWOSB) concerns and follows: women-owned small business (WOSB) (c)(1) The anticipated award price of concerns eligible under the WOSB 19.1505 Set-aside procedures. the contract, including options, will not Program; exceed— (a) * * * (i) $6.5 million for a requirement * * * * * (2) May set aside acquisitions within the NAICS codes for (9) Sole source awards to HUBZone exceeding the micro-purchase threshold manufacturing; or small business concerns, service- for competition restricted to EDWOSB concerns or WOSB concerns eligible (ii) $4 million for a requirement disabled veteran-owned small business under the WOSB Program when the within any other NAICS codes. concerns, and EDWOSB concerns and acquisition— (2) The EDWOSB concern or WOSB WOSB concerns eligible under the (i) Is assigned a NAICS code in which concern has been determined to be a WOSB Program. SBA has determined that WOSB responsible contractor with respect to * * * * * performance. concerns are underrepresented in ■ 7. Amend section 19.102 by revising Federal procurement; or (3) The award can be made at a fair the last sentence of paragraph (f)(1) to (ii) Is assigned a NAICS code in which and reasonable price. read as follows: SBA has determined that WOSB (d) The SBA has the right to appeal concerns are substantially the contracting officer’s decision not to 19.102 Size standards. make a sole source award to either an underrepresented in Federal * * * * * procurement, as specified on SBA’s Web EDWOSB concern or WOSB concern (f) * * * site at http://www.sba.gov/WOSB. eligible under the WOSB program. (1) * * * However, see the limitations 12. Revise newly redesignated section on subcontracting at 52.219–14 that * * * * * 19.1507 to read as follows: apply to any small business offeror 19.1506 [Redesignated as 19.1507] 19.1507 Contract clauses. other than a nonmanufacturer for ■ 11. Redesignate section 19.1506 as (a) The contracting officer shall insert purposes of set-asides and 8(a) awards, section 19.1507. the clause 52.219–29, Notice of Set- 52.219–3 for HUBZone set-asides and ■ 12. Add section 19.1506 to read as Aside for, or Sole Source Award to, HUBZone sole source awards, 52.219– follows: Economically Disadvantaged Women- 27 for SDVOSB set-asides and SDVOSB owned Small Business Concerns, in sole source awards, 52.219–29 for 19.1506 Women-Owned Small Business solicitations and contracts for economically disadvantaged women- Program sole source awards. acquisitions that are set aside or owned small business (EDWOSB) set- (a) A contracting officer shall consider reserved for, or awarded on a sole asides and EDWOSB sole source a contract award to an EDWOSB source basis to, EDWOSB concerns awards, and 52.219–30 for set-asides concern on a sole source basis (see under 19.1505(b) or 19.1506(a). This and sole source awards to women- 6.302–5(b)(7)) before considering small includes multiple-award contracts when owned small business (WOSB) concerns business set-asides (see 19.203 and orders may be set aside for EDWOSB eligible under the WOSB Program. subpart 19.5) provided none of the concerns as described in 8.405–5 and * * * * * exclusions at 19.1504 apply and— 16.505(b)(2)(i)(F). (1) The acquisition is assigned a (b) The contracting officer shall insert ■ 8. Amend section 19.308 by revising NAICS code in which SBA has the clause 52.219–30, Notice of Set- the section heading and paragraph (b)(1) determined that WOSB concerns are Aside for, or Sole Source Award to, to read as follows: underrepresented in Federal Women-Owned Small Business 19.308 Protesting a firm’s status as an procurement; Concerns Eligible Under the Women- economically disadvantaged women-owned (2) The contracting officer does not Owned Small Business Program, in small business concern or women-owned have a reasonable expectation that offers solicitations and contracts for small business concern eligible under the would be received from two or more acquisitions that are set aside or tkelley on DSK3SPTVN1PROD with RULES2 Women-Owned Small Business Program. EDWOSB concerns; and reserved for, or awarded on a sole * * * * * (3) The conditions in paragraph (c) of source basis to WOSB concerns under (b)(1) For sole source acquisitions, the this section exist. 19.1505(c) or 19.1506(b). This includes contracting officer or SBA may protest (b) A contracting officer shall consider multiple-award contracts when orders the offeror’s status as an economically a contract award to a WOSB concern may be set aside for WOSB concerns disadvantaged women-owned small (including EDWOSB concerns) eligible eligible under the WOSB Program as VerDate Sep<11>2014 17:22 Dec 30, 2015 Jkt 238001 PO 00000 Frm 00007 Fmt 4701 Sfmt 4700 E:\FR\FM\31DER2.SGM 31DER2

81892 Federal Register / Vol. 80, No. 251 / Thursday, December 31, 2015 / Rules and Regulations described in 8.405–5 and Notice of Set-Aside for, or Sole Source discriminatory provisions for eligible 16.505(b)(2)(i)(F). Award to, Women-Owned Small products from countries that have Business Concerns Eligible Under the signed an international trade agreement PART 52—SOLICITATION PROVISIONS Women-Owned Small Business with the United States (such as the AND CONTRACT CLAUSES Program (Dec 2015) WTO GPA). The President has delegated this authority to the U.S. Trade ■ 13. Amend section 52.212–5 by * * * * * (b) * * * Representative. revising the date of the clause and Effective July 15, 2015, because paragraphs (b)(23) and (24) to read as (1) Contracts that have been set aside or reserved for, or awarded on a sole Montenegro became a party to the WTO follows: GPA, and because the U.S. Trade source basis to, WOSB concerns eligible 52.212–5 Contract Terms and Conditions under the WOSB Program; Representative has determined that Required To Implement Statutes or Montenegro will provide appropriate * * * * * reciprocal competitive Government Executive Orders—Commercial Items. [FR Doc. 2015–32428 Filed 12–30–15; 8:45 am] * * * * * procurement opportunities to United BILLING CODE 6820–EP–P States products and services, the U.S. Contract Terms and Conditions Trade Representative published a notice Required To Implement Statutes or in the Federal Register at 80 FR 39829 Executive Orders—Commercial Items DEPARTMENT OF DEFENSE on July 10, 2015, waiving the Buy (Dec 2015) GENERAL SERVICES American Act and other discriminatory * * * * * ADMINISTRATION provisions for eligible products from (b)* * * Montenegro. ___(23) 52.219–29, Notice of Set- Effective August 12, 2015, because NATIONAL AERONAUTICS AND Aside for, or Sole Source Award to, New Zealand became a party to the SPACE ADMINISTRATION Economically Disadvantaged Women- WTO GPA, and because the U.S. Trade Owned Small Business Concerns (Dec Representative has determined that New 48 CFR Parts 22, 25, and 52 2015) (15 U.S.C. 637(m)). Zealand will provide appropriate ___(24) 52.219–30, Notice of Set- [FAC 2005–86; FAR Case 2015–034; Item reciprocal competitive Government III; Docket No. 2015–0034; Sequence No. procurement opportunities to United Aside for, or Sole Source Award to, 1] Women-Owned Small Business States products and services, the U.S. Concerns Eligible Under the Women- RIN 9000–AN15 Trade Representative published a notice Owned Small Business Program (Dec in the Federal Register at 80 FR 48386 2015) (15 U.S.C. 637(m)). Federal Acquisition Regulation; New on August 12, 2015, waiving the Buy Designated Countries—Montenegro American Act and other discriminatory * * * * * and New Zealand provisions for eligible products from ■ 14. Amend section 52.219–29 by New Zealand. AGENCIES: Department of Defense (DoD), In addition, the Office of the U.S. revising the section heading, the General Services Administration (GSA), introductory paragraph, the title and Trade Representative has also indicated and National Aeronautics and Space that Montenegro is a party to the date of the clause, and paragraph (b)(1) Administration (NASA). to read as follows: Agreement on Trade in Civil Aircraft. ACTION: Final rule. The U.S. Trade Representative has 52.219–29 Notice of Set-Aside for, or Sole waived the Buy American Act for civil Source Award to, Economically SUMMARY: DoD, GSA, and NASA are issuing a final rule amending the aircraft and related articles from Disadvantaged Women-Owned Small Business Concerns. Federal Acquisition Regulation (FAR) to countries that are parties to the add Montenegro and New Zealand as Agreement on Trade in Civil Aircraft. As prescribed in 19.1507, insert the following clause: new designated countries under the II. Discussion and Analysis World Trade Organization Government Therefore, this rule adds Montenegro Notice of Set-Aside for, or Sole Source Procurement Agreement (WTO GPA) Award to, Economically Disadvantaged and New Zealand to the list of World and update the list of parties to the Trade Organization Government Women-Owned Small Business Agreement on Trade in Civil Aircraft. Concerns (Dec 2015) Procurement Agreement countries DATES: Effective: February 1, 2016. wherever it appears in the FAR, whether * * * * * FOR FURTHER INFORMATION CONTACT: Ms. as a separate definition, part of the (b) * * * Cecelia L. Davis, Procurement Analyst, definition of ‘‘designated country’’ or (1) Contracts that have been set aside at 202–219–0202, for clarification of ‘‘Recovery Act designated country,’’ or or reserved for, or awarded on a sole content. For information pertaining to as part of the list of countries exempt source basis to, EDWOSB concerns; status or publication schedules, contact from the prohibition of acquisition of * * * * * the Regulatory Secretariat Division at products produced by forced or 202–501–4755. Please cite FAC 2005– indentured child labor (FAR 22.1503, ■ 15. Amend section 52.219–30 by 86, FAR Case 2015–034. 25.003, 52.222–19, 52.225–5, 52.225–11, revising the section heading, the introductory paragraph, the title and SUPPLEMENTARY INFORMATION: and 52.225–23). This rule also updates FAR 25.407 date of clause, and paragraph (b)(1) to I. Background and 52.225–7 to reflect that Montenegro read as follows: On July 15, 2015, Montenegro became is already a party to the Agreement on tkelley on DSK3SPTVN1PROD with RULES2 52.219–30 Notice of Set-Aside for, or Sole a party to the WTO GPA. New Zealand Trade in Civil Aircraft. Source Award to, Women-Owned Small became a party to the WTO GPA on Conforming changes were required to Business Concerns Eligible Under the August 12, 2015. The Trade Agreements FAR 52.212–5, Contract Terms and Women-Owned Small Business Program. Act (19 U.S.C. 2501 et seq.) provides the Conditions Required to Implement As prescribed in 19.1507, insert the authority for the President to waive the Statute or Executive Orders— following clause: Buy American Act and other Commercial Items, and 52.213–4, Terms VerDate Sep<11>2014 17:22 Dec 30, 2015 Jkt 238001 PO 00000 Frm 00008 Fmt 4701 Sfmt 4700 E:\FR\FM\31DER2.SGM 31DER2


Document Created: 2015-12-31 02:15:07
Document Modified: 2015-12-31 02:15:07
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim rule.
DatesEffective: December 31, 2015.
ContactMs. Mahruba Uddowla, Procurement Analyst, at 703-605-2868 for clarification of content. For information pertaining to status or publication schedules, contact the Regulatory Secretariat Division at 202-501-4755. Please cite FAC 2005-86, FAR Case 2015-032.
FR Citation80 FR 81888 
RIN Number9000-AN13
CFR Citation48 CFR 18
48 CFR 19
48 CFR 2
48 CFR 4
48 CFR 52
48 CFR 6
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