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GAO-05-268R 1 (2005-01-24)

handle is hein.gao/gaobadwmp0001 and id is 1 raw text is: I Accountability * Integrity * Reliability United States Government Accountability Office Washington, DC 20548 B-295659 January 24, 2005 The Honorable Olympia J. Snowe Chairman The Honorable John Kerry Ranking Minority Member Committee on Small Business and Entrepreneurship United States Senate The Honorable Donald A. Manzullo Chairman The Honorable Nydia M. Veldzquez Ranking Minority Member Committee on Small Business House of Representatives Subject: Small Business Administration: Small Business Government Contracting Programs; Subcontracting Pursuant to section 801(a)(2)(A) of title 5, United States Code, this is our report on a major rule promulgated by the Small Business Administration (SBA), entitled Small Business Government Contracting Programs; Subcontracting (RIN: 3245-AF12). We received the rule on January 11, 2005. It was published in the Federal Register as a final rule on December 20, 2004. 69 Fed. Reg. 75820. The final rule provides a list of factors to consider in evaluating a prime contractor's performance and good-faith efforts to achieve the requirements in its subcontracting plan. The final rule was published on December 20, 2004, as a non-major rule under the Congressional Review Act. On January 10, 2005, SBA issued a correction in the Federal Register stating that the Office of Management and Budget had determined the rule to be major under the Act. Subsequently, SBA submitted the rule to our Office on January 11, 2005, with the corrected effective date of February 18, 2005. However, the effective date does not allow the 60-day delay in a rule's effective date from the date of publication or receipt of the rule by Congress, whichever is later, as required by the Act. 5 U.S.C. 801(a)(3)(A). GAO-05-268R

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