Defense Federal Acquisition Regulation Supplement; Threshold for Small Business Specialist Review, 44926-44928 [E6-12781]
Download as PDF
44926
*
*
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
*
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Procedures, Guidance, and Information
(PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
*
[FR Doc. E6–12756 Filed 8–7–06; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF DEFENSE
48 CFR Parts 204 and 253
B. Regulatory Flexibility Act
[DFARS Case 2005–D004]
Defense Acquisition Regulations
System; Defense Federal Acquisition
Regulation Supplement; Contract
Reporting
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text addressing DoD
requirements for reporting of
contracting actions. This rule is a result
of a transformation initiative undertaken
by DoD to dramatically change the
purpose and content of the DFARS.
DATES: Effective Date: August 8, 2006.
FOR FURTHER INFORMATION CONTACT: Mr.
Bill Sain, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0293;
facsimile (703) 602–0350. Please cite
DFARS Case 2005–D004.
SUPPLEMENTARY INFORMATION:
SUMMARY:
sroberts on PROD1PC70 with RULES
A. Background
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/
dfars/transformation/index.htm.
This final rule is a result of the
DFARS Transformation initiative. The
rule removes DFARS text addressing
internal DoD requirements for reporting
of contracting actions. These
requirements have been relocated to the
DFARS companion resource,
VerDate Aug<31>2005
18:48 Aug 07, 2006
Jkt 208001
This rule will not have a significant
cost or administrative impact on
contractors or offerors, or a significant
effect beyond the internal operating
procedures of DoD. Therefore,
publication for public comment is not
required. However, DoD will consider
comments from small entities
concerning the affected DFARS subparts
in accordance with 5 U.S.C. 610. Such
comments should cite DFARS Case
2005–D004.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Parts 204 and
253
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR parts 204 and 253
are amended as follows:
I 1. The authority citation for 48 CFR
parts 204 and 253 continues to read as
follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
chapter 1.
PART 204—ADMINISTRATIVE
MATTERS
2. Subpart 204.6 is revised to read as
follows:
I
Subpart 204.6—Contract Reporting
204.670 Contract action reporting
requirements.
Departments and agencies shall report
contracting actions in accordance with
the requirements at PGI 204.670.
PART 253—FORMS
3. Section 253.204–70 is revised to
read as follows:
I
253.204–70 DD Form 350, Individual
Contracting Action Report.
Follow the instructions at PGI
253.204–70 for completion of DD Form
350.
PO 00000
Frm 00044
Fmt 4700
Sfmt 4700
253.204–71
I
[Removed]
4. Section 253.204–71 is removed.
[FR Doc. E6–12783 Filed 8–7–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 219
[DFARS Case 2003–D060]
Defense Federal Acquisition
Regulation Supplement; Threshold for
Small Business Specialist Review
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to revise text pertaining to DoD
implementation of small business
programs. This rule is a result of a
transformation initiative undertaken by
DoD to dramatically change the purpose
and content of the DFARS.
DATES: Effective Date: August 8, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Tronic, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0289;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D060.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/
dfars/transformation/index.htm.
This final rule is a result of the
DFARS Transformation initiative. The
rule—
E:\FR\FM\08AUR1.SGM
08AUR1
sroberts on PROD1PC70 with RULES
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
Æ Deletes an unnecessary general
policy statement at DFARS 219.201(a);
Æ Revises DFARS 219.201(d)(10)(A)
to eliminate mandatory requirements for
small business specialists to review
proposed acquisitions that are under
$100,000 and totally set aside for small
business concerns;
Æ Revises DFARS 219.201(d)(10)(C)
for consistency with the procedures at
FAR 19.402(a), regarding referral of
small business matters to the
appropriate party when a Small
Business Administration procurement
center representative is not assigned to
a contracting activity (added at 71 FR
36925, June 28, 2006 (FAC 2005–10));
and
Æ Deletes text at DFARS 219.201(e)
regarding the appointment and
functions of DoD small business
specialists. Text on this subject has been
relocated to the DFARS companion
resource, Procedures, Guidance, and
Information (PGI), available at https://
www.acq.osd.mil/dpap/dars/pgi.
DoD published a proposed rule at 69
FR 21997 on April 23, 2004. Five
sources submitted comments on the
proposed rule. A discussion of the
comments is provided below.
1. Comment: Review of Task Orders.
One respondent stated that the proposed
language at 219.201(d)(10)(A)(1),
‘‘Within the scope and under the terms
of the existing contract,’’ will not
provide for a review of proposed task
orders under multiple award contracts.
This will preclude small business
specialist efforts to steer requirements
toward multiple award contracts set
aside for small businesses.
DoD Response: DoD agrees that task
orders should not be excluded from
small business specialist review. The
phrase ‘‘Within the scope and under the
terms of the existing contract’’ has been
eliminated from the final rule to make
it clear that acquisitions being
accomplished through placement of task
orders are not excluded from small
business specialist review. In addition,
the phrase ‘‘including orders placed
against Federal Supply Schedule
contracts,’’ has been added to
219.201(d)(10)(A) to reinforce this
requirement. The wording in the
proposed rule had been intended to
clarify that modifications to a contract
that did not increase the scope of the
contract, such as change of address or
incremental funding actions, need not
be reviewed by the small business
specialist. Modifications that increase
the scope of a contract or order would,
however, be reviewed since these are
considered to be acquisitions.
2. Comment: Opportunities for
Participation in Actions Between
VerDate Aug<31>2005
18:48 Aug 07, 2006
Jkt 208001
$10,000 and $100,000. Three
respondents stated that actions between
$10,000 and $100,000 provide
significant opportunities for 8(a),
HUBZone, and service-disabled veteranowned small business concerns; and
that the proposed rule does not provide
small business specialists with an
opportunity to review actions that have
been set aside for small businesses to
identify potential requirements for 8(a),
HUBZone, or service-disabled veteranowned small business concerns.
DoD Response: The language in the
final rule does not preclude agencies
from having a small business specialist
review and make recommendations for
acquisitions that are totally set aside for
small businesses. The rule is intended
to permit small business specialist
resources to be focused on acquisitions
where input from the small business
specialist would be of the most benefit
to an agency. An agency still may have
its small business specialist review total
small business set-asides if the agency
believes this is necessary to assist
contracting officers in identifying
opportunities appropriate for particular
categories of small businesses. By not
requiring that all total small business
set-asides over $10,000 be reviewed, the
DFARS rule provides needed flexibility.
3. Comment: Movement of DFARS
Text. One respondent suggested that
movement of DFARS text to PGI creates
the perception of a reduced emphasis
upon or weakening of the current small
business programs.
DoD Response: The movement of
procedural or informational text from
DFARS to PGI is intended to improve
the acquisition process by facilitating
more efficient change to internal DoD
requirements. DoD believes that the
changes in this rule are in keeping with
numerous other revisions to the DFARS
involving movement of text into PGI
and, when viewed in the aggregate, do
not foster the perception of weakening
the commitment to small business
programs.
4. Comment: 8(a) Program
Participants. One respondent
recommended that DoD add language to
PGI 219.201(e)(vii) to highlight the
prohibition against participation by
brokers in the 8(a) Program.
DoD Response: DFARS 219.201(e)(vii)
addresses negotiation and
administration of small business
subcontracting plans. An 8(a) firm is not
required to have a small business
subcontracting plan. The clauses in the
contract between the Small Business
Administration and the 8(a) firm govern
the conditions under which the 8(a)
firm can subcontract work.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
44927
5. Comment: Concurrence with the
Change. One respondent stated that
small business specialist review of
actions set aside for small business
concerns or placed against another
contract is an unnecessary step in the
process, and that small business
specialists could use their time to better
advantage.
DoD Response: Noted.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule pertains to internal
DoD procedures for the implementation
of small business programs.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 219
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 219 is
amended as follows:
I
PART 219—SMALL BUSINESS
PROGRAMS
1. The authority citation for 48 CFR
Part 219 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 219.201 is amended as
follows:
I a. By removing paragraph (a); and
I b. By revising paragraphs (d)(10) and
(e) to read as follows:
I
219.201
General policy.
(d) * * *
(10) Contracting activity small
business specialists perform this
function by—
(A) Reviewing and making
recommendations for all acquisitions
(including orders placed against Federal
Supply Schedule contracts) over
$10,000, except those under $100,000
that are totally set aside for small
business concerns in accordance with
FAR 19.502–2. Follow the procedures at
PGI 219.201(d)(10) regarding such
reviews;
E:\FR\FM\08AUR1.SGM
08AUR1
44928
Federal Register / Vol. 71, No. 152 / Tuesday, August 8, 2006 / Rules and Regulations
(B) Making the review before issuance
of the solicitation or contract
modification and documenting it on DD
Form 2579, Small Business
Coordination Record; and
(C) Referring recommendations that
have been rejected by the contracting
officer to the Small Business
Administration (SBA) procurement
center representative. If an SBA
procurement center representative is not
assigned, see FAR 19.402(a).
*
*
*
*
*
(e) For information on the
appointment and functions of small
business specialists, see PGI 219.201(e).
*
*
*
*
*
[FR Doc. E6–12781 Filed 8–7–06; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
48 CFR Part 242
[DFARS Case 2003–D051]
Defense Federal Acquisition
Regulation Supplement; Contract
Administration Functions
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Final rule.
AGENCY:
SUMMARY: DoD has issued a final rule
amending the Defense Federal
Acquisition Regulation Supplement
(DFARS) to update text addressing
functions performed by DoD contract
administration offices. This rule is a
result of a transformation initiative
undertaken by DoD to dramatically
change the purpose and content of the
DFARS.
DATES: Effective Date: August 8, 2006.
FOR FURTHER INFORMATION CONTACT: Ms.
Deborah Tronic, Defense Acquisition
Regulations System, OUSD (AT&L)
DPAP (DARS), IMD 3C132, 3062
Defense Pentagon, Washington, DC
20301–3062. Telephone (703) 602–0289;
facsimile (703) 602–0350. Please cite
DFARS Case 2003–D051.
SUPPLEMENTARY INFORMATION:
sroberts on PROD1PC70 with RULES
A. Background
DFARS Transformation is a major
DoD initiative to dramatically change
the purpose and content of the DFARS.
The objective is to improve the
efficiency and effectiveness of the
acquisition process, while allowing the
acquisition workforce the flexibility to
innovate. The transformed DFARS will
VerDate Aug<31>2005
18:48 Aug 07, 2006
Jkt 208001
contain only requirements of law, DoDwide policies, delegations of FAR
authorities, deviations from FAR
requirements, and policies/procedures
that have a significant effect beyond the
internal operating procedures of DoD or
a significant cost or administrative
impact on contractors or offerors.
Additional information on the DFARS
Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/
dfars/transformation/index.htm.
This final rule is a result of the
DFARS Transformation initiative. The
rule revises the list of contract
administration functions at DFARS
242.302 to—
Æ Clarify responsibilities for payment
administration and for verification of
contractor compliance with earned
value management system requirements;
Æ Delete obsolete text on mobilization
production planning surveys; and
Æ Delete procedures for designation
of contract payment offices. Text on this
subject has been relocated to the DFARS
companion resource, Procedures,
Guidance, and Information (PGI),
available at https://www.acq.osd.mil/
dpap/dars/pgi.
DoD published a proposed rule at 70
FR 67955 on November 9, 2005. One
respondent submitted comments on the
proposed rule. The respondent stated
that (1) there is a lack of clear regulatory
authority for acceptance other than FAR
46.502, which assigns acceptance
responsibility to contracting officers; (2)
acceptance is not one of the contract
administration functions at FAR 42.302;
and (3) FAR 46.502, where it refers to
delegation of responsibility for
acceptance to a contract administration
office, errs in its reference to FAR
42.202(g), since refusal of a contract
administration delegation is exclusive of
actions inferred in performing
acceptance when an administration
office is assigned. The respondent
recommended that, since acceptance
actions can be performed on behalf of a
contracting officer when a contract is
not assigned for administration (e.g.,
destination acceptance) by an activity
other than a contract administration
office, DFARS 242.302 should provide
coverage of acceptance responsibility
when a contracting officer intends that
a contract administration office perform
acceptance.
DoD does not agree that DFARS
242.302 should be amended to provide
coverage of acceptance responsibility
when a contracting officer intends that
a contract administration office perform
acceptance. FAR 42.302 lists the
functions that are normally delegated to
a contract administration office. Even
though acceptance is not specifically
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
mentioned, it is covered under FAR
42.302(a)(38), which provides for
ensuring contractor compliance with
contractual quality assurance
requirements and references FAR Part
46. In particular, FAR 46.502 provides
for delegation of responsibility for
acceptance to a contract administration
office. However, DoD recognizes that
there are times when a contract
administration office has been assigned
responsibility for ensuring contractor
compliance with contract quality
assurance requirements, but where
actual product acceptance is performed
by an activity other than the contract
administration office (i.e., destination
acceptance). DoD has established a
separate DFARS Case, 2005–D024, to
address this situation.
This rule was not subject to Office of
Management and Budget review under
Executive Order 12866, dated
September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will
not have a significant economic impact
on a substantial number of small entities
within the meaning of the Regulatory
Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule addresses internal DoD
responsibilities for performance of
contract administration functions.
C. Paperwork Reduction Act
The Paperwork Reduction Act does
not apply, because the rule does not
impose any information collection
requirements that require the approval
of the Office of Management and Budget
under 44 U.S.C. 3501, et seq.
List of Subjects in 48 CFR Part 242
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
Therefore, 48 CFR part 242 is
amended as follows:
I
PART 242—CONTRACT
ADMINISTRATION AND AUDIT
SERVICES
1. The authority citation for 48 CFR
Part 242 continues to read as follows:
I
Authority: 41 U.S.C. 421 and 48 CFR
Chapter 1.
2. Section 242.302 is revised to read
as follows:
I
242.302
Contract administration functions.
(a)(4) Also, review and evaluate—
(A) Contractor estimating systems (see
FAR 15.407–5); and
(B) Contractor material management
and accounting systems under subpart
242.72.
E:\FR\FM\08AUR1.SGM
08AUR1
Agencies
[Federal Register Volume 71, Number 152 (Tuesday, August 8, 2006)]
[Rules and Regulations]
[Pages 44926-44928]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-12781]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
48 CFR Part 219
[DFARS Case 2003-D060]
Defense Federal Acquisition Regulation Supplement; Threshold for
Small Business Specialist Review
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: DoD has issued a final rule amending the Defense Federal
Acquisition Regulation Supplement (DFARS) to revise text pertaining to
DoD implementation of small business programs. This rule is a result of
a transformation initiative undertaken by DoD to dramatically change
the purpose and content of the DFARS.
DATES: Effective Date: August 8, 2006.
FOR FURTHER INFORMATION CONTACT: Ms. Deborah Tronic, Defense
Acquisition Regulations System, OUSD (AT&L) DPAP (DARS), IMD 3C132,
3062 Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-
0289; facsimile (703) 602-0350. Please cite DFARS Case 2003-D060.
SUPPLEMENTARY INFORMATION:
A. Background
DFARS Transformation is a major DoD initiative to dramatically
change the purpose and content of the DFARS. The objective is to
improve the efficiency and effectiveness of the acquisition process,
while allowing the acquisition workforce the flexibility to innovate.
The transformed DFARS will contain only requirements of law, DoD-wide
policies, delegations of FAR authorities, deviations from FAR
requirements, and policies/procedures that have a significant effect
beyond the internal operating procedures of DoD or a significant cost
or administrative impact on contractors or offerors. Additional
information on the DFARS Transformation initiative is available at
https://www.acq.osd.mil/dpap/dars/dfars/transformation/index.htm.
This final rule is a result of the DFARS Transformation initiative.
The rule--
[[Page 44927]]
[cir] Deletes an unnecessary general policy statement at DFARS
219.201(a);
[cir] Revises DFARS 219.201(d)(10)(A) to eliminate mandatory
requirements for small business specialists to review proposed
acquisitions that are under $100,000 and totally set aside for small
business concerns;
[cir] Revises DFARS 219.201(d)(10)(C) for consistency with the
procedures at FAR 19.402(a), regarding referral of small business
matters to the appropriate party when a Small Business Administration
procurement center representative is not assigned to a contracting
activity (added at 71 FR 36925, June 28, 2006 (FAC 2005-10)); and
[cir] Deletes text at DFARS 219.201(e) regarding the appointment
and functions of DoD small business specialists. Text on this subject
has been relocated to the DFARS companion resource, Procedures,
Guidance, and Information (PGI), available at https://www.acq.osd.mil/
dpap/dars/pgi.
DoD published a proposed rule at 69 FR 21997 on April 23, 2004.
Five sources submitted comments on the proposed rule. A discussion of
the comments is provided below.
1. Comment: Review of Task Orders. One respondent stated that the
proposed language at 219.201(d)(10)(A)(1), ``Within the scope and under
the terms of the existing contract,'' will not provide for a review of
proposed task orders under multiple award contracts. This will preclude
small business specialist efforts to steer requirements toward multiple
award contracts set aside for small businesses.
DoD Response: DoD agrees that task orders should not be excluded
from small business specialist review. The phrase ``Within the scope
and under the terms of the existing contract'' has been eliminated from
the final rule to make it clear that acquisitions being accomplished
through placement of task orders are not excluded from small business
specialist review. In addition, the phrase ``including orders placed
against Federal Supply Schedule contracts,'' has been added to
219.201(d)(10)(A) to reinforce this requirement. The wording in the
proposed rule had been intended to clarify that modifications to a
contract that did not increase the scope of the contract, such as
change of address or incremental funding actions, need not be reviewed
by the small business specialist. Modifications that increase the scope
of a contract or order would, however, be reviewed since these are
considered to be acquisitions.
2. Comment: Opportunities for Participation in Actions Between
$10,000 and $100,000. Three respondents stated that actions between
$10,000 and $100,000 provide significant opportunities for 8(a),
HUBZone, and service-disabled veteran-owned small business concerns;
and that the proposed rule does not provide small business specialists
with an opportunity to review actions that have been set aside for
small businesses to identify potential requirements for 8(a), HUBZone,
or service-disabled veteran-owned small business concerns.
DoD Response: The language in the final rule does not preclude
agencies from having a small business specialist review and make
recommendations for acquisitions that are totally set aside for small
businesses. The rule is intended to permit small business specialist
resources to be focused on acquisitions where input from the small
business specialist would be of the most benefit to an agency. An
agency still may have its small business specialist review total small
business set-asides if the agency believes this is necessary to assist
contracting officers in identifying opportunities appropriate for
particular categories of small businesses. By not requiring that all
total small business set-asides over $10,000 be reviewed, the DFARS
rule provides needed flexibility.
3. Comment: Movement of DFARS Text. One respondent suggested that
movement of DFARS text to PGI creates the perception of a reduced
emphasis upon or weakening of the current small business programs.
DoD Response: The movement of procedural or informational text from
DFARS to PGI is intended to improve the acquisition process by
facilitating more efficient change to internal DoD requirements. DoD
believes that the changes in this rule are in keeping with numerous
other revisions to the DFARS involving movement of text into PGI and,
when viewed in the aggregate, do not foster the perception of weakening
the commitment to small business programs.
4. Comment: 8(a) Program Participants. One respondent recommended
that DoD add language to PGI 219.201(e)(vii) to highlight the
prohibition against participation by brokers in the 8(a) Program.
DoD Response: DFARS 219.201(e)(vii) addresses negotiation and
administration of small business subcontracting plans. An 8(a) firm is
not required to have a small business subcontracting plan. The clauses
in the contract between the Small Business Administration and the 8(a)
firm govern the conditions under which the 8(a) firm can subcontract
work.
5. Comment: Concurrence with the Change. One respondent stated that
small business specialist review of actions set aside for small
business concerns or placed against another contract is an unnecessary
step in the process, and that small business specialists could use
their time to better advantage.
DoD Response: Noted.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not have a significant
economic impact on a substantial number of small entities within the
meaning of the Regulatory Flexibility Act, 5 U.S.C. 601, et seq.,
because the rule pertains to internal DoD procedures for the
implementation of small business programs.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply, because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Part 219
Government procurement.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
0
Therefore, 48 CFR part 219 is amended as follows:
PART 219--SMALL BUSINESS PROGRAMS
0
1. The authority citation for 48 CFR Part 219 continues to read as
follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
0
2. Section 219.201 is amended as follows:
0
a. By removing paragraph (a); and
0
b. By revising paragraphs (d)(10) and (e) to read as follows:
219.201 General policy.
(d) * * *
(10) Contracting activity small business specialists perform this
function by--
(A) Reviewing and making recommendations for all acquisitions
(including orders placed against Federal Supply Schedule contracts)
over $10,000, except those under $100,000 that are totally set aside
for small business concerns in accordance with FAR 19.502-2. Follow the
procedures at PGI 219.201(d)(10) regarding such reviews;
[[Page 44928]]
(B) Making the review before issuance of the solicitation or
contract modification and documenting it on DD Form 2579, Small
Business Coordination Record; and
(C) Referring recommendations that have been rejected by the
contracting officer to the Small Business Administration (SBA)
procurement center representative. If an SBA procurement center
representative is not assigned, see FAR 19.402(a).
* * * * *
(e) For information on the appointment and functions of small
business specialists, see PGI 219.201(e).
* * * * *
[FR Doc. E6-12781 Filed 8-7-06; 8:45 am]
BILLING CODE 5001-08-P