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Federal Register / Vol. 86, No. 152 / Wednesday, August 11, 2021 / Rules and Regulations
V. Expected Impact of the Rule The changes in this rule will affect Government operations, but not contractor operations.
As a result of this rule, contracting officers may have to provide additional acquisition packages to procurement center representatives for review prior to issuance of the solicitation. The number of additional acquisitions to be reviewed by PCRs is unknown, as the reviews will be conducted at the discretion of the procurement center representatives.
The cost impact for the Government will depend on how many additional acquisition packages contracting officers provide to procurement center representatives for review. This rule will have no cost impact for contractors.
VI. 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 not a significant regulatory action and, therefore, was not subject to review under section 6b of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993.
VII. Congressional Review Act As required by the Congressional Review Act 5 U.S.C. 801808 before an interim or final rule takes effect, DoD, GSA, and NASA will send the rule and the Submission of Federal Rules Under the Congressional Review Act form to each House of the Congress and to the Comptroller General of the United States. A major rule cannot take effect until 60 days after it is published in the Federal Register. The Office of Information and Regulatory Affairs OIRA in the Office of Management and Budget has determined that this is not a major rule under 5 U.S.C. 804.

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VIII. Regulatory Flexibility Act Because a notice of proposed rulemaking and an opportunity for public comment are not required to be given for this rule under 41 U.S.C.
1707a1 see section III of this preamble, the analytical requirements of the Regulatory Flexibility Act 5
U.S.C. 601612 are not applicable.
Accordingly, no regulatory flexibility
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analysis is required, and none has been prepared.
IX. Paperwork Reduction Act This 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.
35013521.
List of Subjects in 48 CFR Part 19
Government procurement.
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 part 19 as set forth below:

i The set-aside or sole-source award to a small business of selected acquisitions;

iii Breakout of discrete components, items, and requirements for competitive acquisitions; and iv Ways to improve competition.

7 Appealing a contracting officers rejection of PCRs recommendation.
Such appeal must be in writing and shall be filed and processed in accordance with the appeal procedures set out in 19.5028.
19.403

Removed and Reserved
4. Remove and reserve section 19.403.

5. Amend section 19.501 by revising paragraph d to read as follows:

PART 19SMALL BUSINESS
PROGRAMS

19.501

1. The authority citation for 48 CFR
part 19 continues to read as follows:

Authority: 40 U.S.C. 121c; 10 U.S.C.
chapter 137; and 51 U.S.C. 20113.

2. Amend section 19.2021 by a. In paragraph e1ii removing ;
or and adding ; in its place;
b. In paragraph e1iii removing Utilization. and adding Utilization;
or in its place;
c. Adding paragraph e1iv; and d. Revising paragraph e2
introductory text.
The addition and revision read as follows:

19.2021 Encouraging small business participation in acquisitions.

e1
iv The acquisition will be reviewed at the PCRs discretion.
2 For acquisitions described in paragraph e1i through iii of this section, provide a statement explaining why the

3. Amend section 19.402 by a. Revising paragraph c1i;
b. Removing from the end of paragraph c1ii and;
c. Revising paragraph c1iii; and d. Adding paragraphs c1iv and c7.
The revisions and additions read as follows:

General.

d At the request of an SBA PCR or, if a PCR is not assigned, see 19.402a, the contracting officer shall make available for review at the contracting office to the extent of the SBA
representatives security clearance any proposed acquisition in excess of the micro-purchase threshold.

6. In section 19.5028 amend paragraph b by revising the first sentence to read as follows:

19.5028 Rejecting Small Business Administration recommendations.

b The SBA PCR or, if a PCR is not assigned, see 19.402a may appeal the contracting officers rejection to the head of the contracting activity within 2 working days after receiving the notice except see 19.1305d, 19.1405d, and 19.1505g.

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19.402 Small Business Administration procurement center representatives.

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