V.  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 because section 8(m) of the Small Business Reauthorization Act of 2000 (Pub. L. 106-554) (15 U.S.C. 637(m)), authorizes Federal contracting officers to restrict competition for Federal contracts in certain industries to EDWOSB concerns or WOSB concerns eligible under the WOSB Program. Further, SBA published a final rule implementing the Women-Owned Small Business Federal Contract Program on October 7, 2010 (75 FR 62258), which went into effect February 4, 2011. This rule must be immediately incorporated into the FAR to ensure Governmentwide application. However, 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, 13, 14, 15, 18, 19, 26, 33, 36, 42, 52, and 53 Government procurement.

Dated: March 24, 2011.

Millisa Gary,

Acting Director, Office of Governmentwide Acquisition Policy.

Therefore, DoD, GSA, and NASA amend 48 CFR parts 2, 4, 6, 13, 14, 15, 18, 19, 26, 33, 36, 42, 52, and 53 as set forth below:

1. The authority citation for 48 CFR parts 2, 4, 6, 13, 14, 15, 18, 19, 26, 33, 36, 42, 52, and 53 continues to read as follows:

Authority:  40 U.S.C. 121(c); 10 U.S.C. chapter 137; and 42 U.S.C. 2473(c).