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Oct 14

Written by: admin
10/14/2014 11:58 AM  RssIcon

Effective Date: October 14, 2014

The final rule amends the FAR to remove language based on the expired statutory authority at 10 U.S.C. 2323, which has been found to be unconstitutional.

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 Small Disadvantaged Business Participation Program for Title 10 agencies (DoD, NASA and U.S. Coast Guard).

  • FAR 2.101 – definition of a ‘‘small disadvantaged business concern’’ (SDB) [also at 52.219–1(a), and 52.219–8(a)], has been clarified, and added to 52.212–3(a);

  • FAR 2.101 – definition of ‘‘historically black college or university’’ (HBCU) [also at 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;

  • 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;

  • 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.

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