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FAR | RIN: 9000-AM05 | Publication ID: Spring 2011 |
Title: FAR Case 2009-016, Constitutionality of Federal Contracting Programs for Minority-Owned and Other Small Businesses | |
Abstract: This rule implements the decision of the Rothe case. The Rothe case concerns the constitutionality of 10 USC 2323, section 1207 as enacted in 2006, that sets a 5 percent goal of DOD contracting dollars to small businesses, incorporating minorities and the award of contracts to SDBs at prices up to 10 percent above the fair market price. The Rothe case found that section 1207 is "facially unconstitutional" and impacts not only SDBs but certain institutions of higher learning (i.e., HBCUs/MIs). This is a significant regulatory action and, therefore, was 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. | |
Agency: DOD/GSA/NASA (FAR)(FAR) | Priority: Other Significant |
RIN Status: Previously published in the Unified Agenda | Agenda Stage of Rulemaking: Final Rule Stage |
Major: No | Unfunded Mandates: No |
CFR Citation: 48 CFR 2 48 CFR 4 48 CFR 12 48 CFR 14 48 CFR 15 48 CFR 19 48 CFR 22 48, CFR 26 48 CFR 52 (To search for a specific CFR, visit the Code of Federal Regulations.) | |
Legal Authority: 40 USC 121(c) 10 USC ch 137 42 USC 2473(c) |
Legal Deadline:
None |
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Timetable:
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Regulatory Flexibility Analysis Required: Yes | Government Levels Affected: Federal |
Small Entities Affected: Businesses | Federalism: No |
Included in the Regulatory Plan: No | |
RIN Data Printed in the FR: Yes | |
Agency Contact: Karlos Morgan Procurement Analyst DOD/GSA/NASA (FAR) 1800 F Street, NW., Washington, DC 20405 Phone:202 501-2364 Email: karlos.morgan@gsa.gov |