Reinstitution of Small Business Set-Asides for Certain Acquisitions Under the Small Business Competitiveness Demonstration Program, 33993-33994 [E8-13459]
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Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices
The RDP
MOUs that DoD has entered into with
21 countries are signed by the Secretary
of Defense and his counterpart. The
purpose of these MOUs is to promote
rationalization, standardization, and
interoperability of defense equipment
with allies and friendly governments. It
provides a framework for ongoing
communication regarding market access
and procurement matters that affect
effective defense cooperation. Based on
the RDP MOU, each country affords the
other certain benefits on a reciprocal
basis, consistent with national laws and
regulations. For 19 of the 21 MOU
countries, these include evaluation of
offers without applying price
differentials under ‘‘Buy National’’ laws
(e.g., the Buy American Act), and
making provision for duty-free entry of
goods delivered under covered
contracts.
Poland is a North Atlantic Treaty
Organization Ally of the United States.
The countries with which DoD has
RDP MOUs are identified in DFARS
225.872–1. Should an RDP MOU be
concluded with Poland, Poland would
be added to the list of qualifying
countries. If, based on and in
conjunction with the RDP MOU, DoD
determines that it would be inconsistent
with the public interest to apply the
restrictions of the Buy American Act to
the acquisition of Polish defense
equipment and supplies, Poland would
be listed in DFARS 225.872–1(a). If a
determination will be made on a
purchase-by-purchase basis, Poland
would be listed in DFARS 225.872–1(b).
RDP MOUs generally include
language by which the parties agree that
their procurements will be conducted in
accordance with certain implementing
procedures. These procedures include
publication of notices of proposed
purchases; the content and availability
of solicitations for proposed purchases;
notification to each unsuccessful
offeror; feedback, upon request, to
unsuccessful offerors concerning the
reasons they were not allowed to
participate in a procurement or were not
awarded a contract; and providing for
the hearing and review of complaints
arising in connection with any phase of
the procurement process to ensure that,
to the extent possible, complaints are
equitably and expeditiously resolved
between an offeror and the procuring
activity.
While DoD is evaluating Poland’s
laws and regulations in this area, DoD
would benefit from knowledge of U.S.
industry experience in participating in
Poland’s public defense procurements.
DoD is, therefore, asking U.S. firms that
have participated or attempted to
rwilkins on PROD1PC63 with NOTICES
SUPPLEMENTARY INFORMATION:
VerDate Aug<31>2005
17:04 Jun 13, 2008
Jkt 214001
participate in procurements by or on
behalf of Poland’s Ministry of National
Defense or Armed Forces to provide
input as to whether the procurements
were conducted in accordance with
published procedures with fairness and
due process and, if not, the nature of the
problems encountered. All comments
received will be treated as confidential
submissions.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
[FR Doc. E8–13458 Filed 6–13–08; 8:45 am]
BILLING CODE 5001–08–P
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations
System
Reinstitution of Small Business SetAsides for Certain Acquisitions Under
the Small Business Competitiveness
Demonstration Program
Defense Acquisition
Regulations System, Department of
Defense (DoD).
ACTION: Notice of reinstitution of small
business set-asides under the Small
Business Competitiveness
Demonstration Program.
AGENCY:
SUMMARY: The Director, Defense
Procurement, Acquisition Policy, and
Strategic Sourcing has reinstituted the
use of small business set-aside
procedures for solicitations issued
under the Designated Industry Groups
(DIGs), including Construction (except
dredging), Subsector 236—Construction
of Buildings; non-nuclear ship repair
acquisitions conducted by the
Department of the Navy under North
American Industry Classification
System (NAICS) Code 3366111, Product
or Service Code J999 (West Coast only);
Architect and Engineering Services
(including Surveying and Mapping);
and Refuse Systems and Related
Services. The Director, Defense
Procurement, Acquisition Policy, and
Strategic Sourcing has also reinstituted
the use of small business set-aside
procedures for construction solicitations
issued under specific construction
NAICS codes for the Army, the Navy,
the Air Force, the Defense Logistics
Agency, the Defense Information
Systems Agency, the Defense Threat
Reduction Agency, the Defense
Education Activity, and the U.S. Special
Operations Command. This action is
required under the Small Business
Competitiveness Demonstration
Program because DoD has failed to
attain its 40 percent goal in these DIGs.
PO 00000
Frm 00023
Fmt 4703
Sfmt 4703
EFFECTIVE DATE:
33993
June 2, 2008.
Ms.
Lee Renna, OUSD(AT&L), Assistant
Director, DoD Office of Small Business
Programs, 201-12th Street South, Suite
406, Arlington, VA 22202; telephone
703–604–0157.
SUPPLEMENTARY INFORMATION: The Office
of Federal Procurement Policy and the
Small Business Administration issued a
final policy directive and an
implementation plan on May 25, 1999,
for the Small Business Competitiveness
Demonstration Program. The Program is
further implemented in the Federal
Acquisition Regulation (FAR) Subpart
19.10 and the Defense FAR Supplement
Subpart 219.10.
Under the Program, small business
set-asides are suspended for certain
DIGs. However, pursuant to sections
III.D.2.a. and IV.A.3. of the final policy
directive and implementation plan,
participating agencies such as DoD are
required to reinstitute the use of small
business set-asides whenever the small
business awards under any DIG fall
below 40 percent. Reinstitution of small
business set-asides is limited to the
organizational units(s) within the
participating agency that failed to meet
the small business participation goal(s).
The Federal Procurement Data
System—Next Generation indicates that
for the 12-month period ending
September 30, 2007, DoD’s small
business participation rate was less than
40 percent in the following DIGs:
1. Construction (Except Dredging),
Subsector 236, Construction of
Buildings.
2. Non-Nuclear Ship Repair, Product
or Service Code J999 (West Coast only).
3. Architect and Engineering Services
(including Surveying and Mapping).
4. Refuse Systems and Related
Services.
In addition to the DIGs identified
above, section IV.A.3. of the final policy
directive and implementation plan
requires that small business set-asides
also be reinstituted when an individual
organizational unit attained less than a
35 percent small business participation
rate, even when DoD’s overall
achievement in the DIG was 40 percent
or greater. The 35 percent rule applies
only to Architect and Engineering
services and the Construction
Subsectors and only for the specific
NAICS codes (formerly known as
Standard Industrial Classification codes)
that fell below 35 percent. Accordingly,
the Director, Defense Procurement,
Acquisition Policy, and Strategic
Sourcing has directed that subsequent
contracting opportunities in excess of
the amount reserved for emerging small
FOR FURTHER INFORMATION CONTACT:
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16JNN1
rwilkins on PROD1PC63 with NOTICES
33994
Federal Register / Vol. 73, No. 116 / Monday, June 16, 2008 / Notices
businesses be solicited through
competition restricted to eligible small
businesses, for individual organizational
units as follows:
1. Department of the Army.
(a)(1) Construction, Subsector 236,
Construction of Buildings.
(2) Construction, Subsector 237,
Heavy and Civil Engineering
Construction.
• NAICS 237120.
(3) Construction, Subsector 238,
Specialty Trade
Contractors.
• NAICS 238110.
• NAICS 238290.
• NAICS 238350.
(b) Architect and Engineering Services
(including Surveying and Mapping).
(c) Refuse Systems and Related
Services.
2. Department of the Navy.
(a)(1) Construction, Subsector 236,
Construction of Buildings.
(2) Construction, Subsector 237,
Heavy and Civil Engineering
Construction.
• NAICS 237120.
• NAICS 237990.
(3) Construction, Subsector 238,
Specialty Trade Contractors.
• NAICS 238120.
• NAICS 238190.
• NAICS 238390.
(b) Non-Nuclear Ship Repair, Product
or Service Code J999 (West Coast only).
(c) Architect and Engineering Services
(including Surveying and Mapping).
3. Department of the Air Force.
(a)(1) Construction, Subsector 236,
Construction of Buildings.
(2) Construction, Subsector 237,
Heavy and Civil Engineering
Construction.
• NAICS 237120.
(b) Architect and Engineering Services
(including Surveying and Mapping).
4. Defense Contract Management
Agency.
Construction, Subsector 236,
Construction of Buildings.
5. Defense Logistics Agency.
(a) Construction, Subsector 236,
Construction of Buildings.
(b) Construction, Subsector 238,
Specialty Trade Contractors.
• NAICS 238110.
• NAICS 238120.
• NAICS 238220.
6. Defense Commissary Agency.
Refuse Systems and Related Services.
7. Washington Headquarters Services.
(a) Construction, Subsector 236,
Construction of Buildings.
(b) Architect and Engineering Services
(including Surveying and Mapping).
8. Defense Information Systems
Agency.
Construction, Subsector 238,
Specialty Trade Contractors.
VerDate Aug<31>2005
17:04 Jun 13, 2008
Jkt 214001
• NAICS 238990.
9. Defense Threat Reduction Agency.
Construction, Subsector 237, Heavy
and Civil Engineering Construction.
• NAICS 237990.
10. Defense Education Activity.
Construction, Subsector 238,
Specialty Trade Contractors.
• NAICS 238990.
11. U.S. Special Operations
Command.
(a) Construction, Subsector 237,
Heavy and Civil Engineering
Construction.
• NAICS 237310.
(b) Construction, Subsector 238,
Specialty Trade Contractors.
• NAICS 238170.
Consistent with the revised final
policy directive and implementation
plan, section III.D.3.b., competition in
the four DIGs with an estimated award
value that is equal to or less than the
emerging small business reserve amount
will be restricted to emerging small
businesses, provided that the
contracting officer determines there is a
reasonable expectation of obtaining
offers from two or more responsible
emerging small businesses that will be
competitive in terms of market price,
quality, and delivery. If no such
reasonable expectation exists,
requirements will be processed in
accordance with FAR Subpart 19.5 or
19.8.
The use of unrestricted competition
will be reinstated upon determining,
after annual review, that contract
awards to small business concerns again
meet the required goals.
Michele P. Peterson,
Editor, Defense Acquisition Regulations
System.
[FR Doc. E8–13459 Filed 6–13–08; 8:45 am]
BILLING CODE 5001–08–P
17th Street, NW., Room 10222,
Washington, DC 20503. Commenters are
encouraged to submit responses
electronically by e-mail to
oira_submission@omb.eop.gov or via fax
to (202) 395–6974. Commenters should
include the following subject line in
their response ‘‘Comment: [insert OMB
number], [insert abbreviated collection
name, e.g., ‘‘Upward Bound
Evaluation’’]. Persons submitting
comments electronically should not
submit paper copies.
SUPPLEMENTARY INFORMATION: Section
3506 of the Paperwork Reduction Act of
1995 (44 U.S.C. Chapter 35) requires
that the Office of Management and
Budget (OMB) provide interested
Federal agencies and the public an early
opportunity to comment on information
collection requests. OMB may amend or
waive the requirement for public
consultation to the extent that public
participation in the approval process
would defeat the purpose of the
information collection, violate State or
Federal law, or substantially interfere
with any agency’s ability to perform its
statutory obligations. The IC Clearance
Official, Regulatory Information
Management Services, Office of
Management, publishes that notice
containing proposed information
collection requests prior to submission
of these requests to OMB. Each
proposed information collection,
grouped by office, contains the
following: (1) Type of review requested,
e.g., new, revision, extension, existing
or reinstatement; (2) Title; (3) Summary
of the collection; (4) Description of the
need for, and proposed use of, the
information; (5) Respondents and
frequency of collection; and (6)
Reporting and/or Recordkeeping
burden. OMB invites public comment.
DEPARTMENT OF EDUCATION
Submission for OMB Review;
Comment Request
Dated: June 10, 2008.
Angela C. Arrington,
IC Clearance Official, Regulatory Information
Management Services, Office of Management.
Office of the Secretary
AGENCY: Department of Education.
SUMMARY: The IC Clearance Official,
Regulatory Information Management
Services, Office of Management invites
comments on the submission for OMB
review as required by the Paperwork
Reduction Act of 1995.
DATES: Interested persons are invited to
submit comments on or before July 16,
2008.
ADDRESSES: Written comments should
be addressed to the Office of
Information and Regulatory Affairs,
Attention: Education Desk Officer,
Office of Management and Budget, 725
PO 00000
Frm 00024
Fmt 4703
Sfmt 4703
Type of Review: Extension.
Title: Generic Application Package for
Discretionary Grant Programs.
Frequency: Other: New Awards.
Affected Public: Individuals or
household; Businesses or other forprofit; Not-for-profit institutions; State,
Local, or Tribal Gov’t, SEAs or LEAs.
Reporting and Recordkeeping Hour
Burden:
Responses: 12,012.
Burden Hours: 290,287.
Abstract: The Department is
requesting an extension of the approval
for the Generic Application Package that
numerous ED discretionary grant
E:\FR\FM\16JNN1.SGM
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]]>Agencies
[Federal Register Volume 73, Number 116 (Monday, June 16, 2008)]
[Notices]
[Pages 33993-33994]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-13459]
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Defense Acquisition Regulations System
Reinstitution of Small Business Set-Asides for Certain
Acquisitions Under the Small Business Competitiveness Demonstration
Program
AGENCY: Defense Acquisition Regulations System, Department of Defense
(DoD).
ACTION: Notice of reinstitution of small business set-asides under the
Small Business Competitiveness Demonstration Program.
-----------------------------------------------------------------------
SUMMARY: The Director, Defense Procurement, Acquisition Policy, and
Strategic Sourcing has reinstituted the use of small business set-aside
procedures for solicitations issued under the Designated Industry
Groups (DIGs), including Construction (except dredging), Subsector
236--Construction of Buildings; non-nuclear ship repair acquisitions
conducted by the Department of the Navy under North American Industry
Classification System (NAICS) Code 3366111, Product or Service Code
J999 (West Coast only); Architect and Engineering Services (including
Surveying and Mapping); and Refuse Systems and Related Services. The
Director, Defense Procurement, Acquisition Policy, and Strategic
Sourcing has also reinstituted the use of small business set-aside
procedures for construction solicitations issued under specific
construction NAICS codes for the Army, the Navy, the Air Force, the
Defense Logistics Agency, the Defense Information Systems Agency, the
Defense Threat Reduction Agency, the Defense Education Activity, and
the U.S. Special Operations Command. This action is required under the
Small Business Competitiveness Demonstration Program because DoD has
failed to attain its 40 percent goal in these DIGs.
EFFECTIVE DATE: June 2, 2008.
FOR FURTHER INFORMATION CONTACT: Ms. Lee Renna, OUSD(AT&L), Assistant
Director, DoD Office of Small Business Programs, 201-12th Street South,
Suite 406, Arlington, VA 22202; telephone 703-604-0157.
SUPPLEMENTARY INFORMATION: The Office of Federal Procurement Policy and
the Small Business Administration issued a final policy directive and
an implementation plan on May 25, 1999, for the Small Business
Competitiveness Demonstration Program. The Program is further
implemented in the Federal Acquisition Regulation (FAR) Subpart 19.10
and the Defense FAR Supplement Subpart 219.10.
Under the Program, small business set-asides are suspended for
certain DIGs. However, pursuant to sections III.D.2.a. and IV.A.3. of
the final policy directive and implementation plan, participating
agencies such as DoD are required to reinstitute the use of small
business set-asides whenever the small business awards under any DIG
fall below 40 percent. Reinstitution of small business set-asides is
limited to the organizational units(s) within the participating agency
that failed to meet the small business participation goal(s).
The Federal Procurement Data System--Next Generation indicates that
for the 12-month period ending September 30, 2007, DoD's small business
participation rate was less than 40 percent in the following DIGs:
1. Construction (Except Dredging), Subsector 236, Construction of
Buildings.
2. Non-Nuclear Ship Repair, Product or Service Code J999 (West
Coast only).
3. Architect and Engineering Services (including Surveying and
Mapping).
4. Refuse Systems and Related Services.
In addition to the DIGs identified above, section IV.A.3. of the
final policy directive and implementation plan requires that small
business set-asides also be reinstituted when an individual
organizational unit attained less than a 35 percent small business
participation rate, even when DoD's overall achievement in the DIG was
40 percent or greater. The 35 percent rule applies only to Architect
and Engineering services and the Construction Subsectors and only for
the specific NAICS codes (formerly known as Standard Industrial
Classification codes) that fell below 35 percent. Accordingly, the
Director, Defense Procurement, Acquisition Policy, and Strategic
Sourcing has directed that subsequent contracting opportunities in
excess of the amount reserved for emerging small
[[Page 33994]]
businesses be solicited through competition restricted to eligible
small businesses, for individual organizational units as follows:
1. Department of the Army.
(a)(1) Construction, Subsector 236, Construction of Buildings.
(2) Construction, Subsector 237, Heavy and Civil Engineering
Construction.
NAICS 237120.
(3) Construction, Subsector 238, Specialty Trade
Contractors.
NAICS 238110.
NAICS 238290.
NAICS 238350.
(b) Architect and Engineering Services (including Surveying and
Mapping).
(c) Refuse Systems and Related Services.
2. Department of the Navy.
(a)(1) Construction, Subsector 236, Construction of Buildings.
(2) Construction, Subsector 237, Heavy and Civil Engineering
Construction.
NAICS 237120.
NAICS 237990.
(3) Construction, Subsector 238, Specialty Trade Contractors.
NAICS 238120.
NAICS 238190.
NAICS 238390.
(b) Non-Nuclear Ship Repair, Product or Service Code J999 (West
Coast only).
(c) Architect and Engineering Services (including Surveying and
Mapping).
3. Department of the Air Force.
(a)(1) Construction, Subsector 236, Construction of Buildings.
(2) Construction, Subsector 237, Heavy and Civil Engineering
Construction.
NAICS 237120.
(b) Architect and Engineering Services (including Surveying and
Mapping).
4. Defense Contract Management Agency.
Construction, Subsector 236, Construction of Buildings.
5. Defense Logistics Agency.
(a) Construction, Subsector 236, Construction of Buildings.
(b) Construction, Subsector 238, Specialty Trade Contractors.
NAICS 238110.
NAICS 238120.
NAICS 238220.
6. Defense Commissary Agency.
Refuse Systems and Related Services.
7. Washington Headquarters Services.
(a) Construction, Subsector 236, Construction of Buildings.
(b) Architect and Engineering Services (including Surveying and
Mapping).
8. Defense Information Systems Agency.
Construction, Subsector 238, Specialty Trade Contractors.
NAICS 238990.
9. Defense Threat Reduction Agency.
Construction, Subsector 237, Heavy and Civil Engineering
Construction.
NAICS 237990.
10. Defense Education Activity.
Construction, Subsector 238, Specialty Trade Contractors.
NAICS 238990.
11. U.S. Special Operations Command.
(a) Construction, Subsector 237, Heavy and Civil Engineering
Construction.
NAICS 237310.
(b) Construction, Subsector 238, Specialty Trade Contractors.
NAICS 238170.
Consistent with the revised final policy directive and
implementation plan, section III.D.3.b., competition in the four DIGs
with an estimated award value that is equal to or less than the
emerging small business reserve amount will be restricted to emerging
small businesses, provided that the contracting officer determines
there is a reasonable expectation of obtaining offers from two or more
responsible emerging small businesses that will be competitive in terms
of market price, quality, and delivery. If no such reasonable
expectation exists, requirements will be processed in accordance with
FAR Subpart 19.5 or 19.8.
The use of unrestricted competition will be reinstated upon
determining, after annual review, that contract awards to small
business concerns again meet the required goals.
Michele P. Peterson,
Editor, Defense Acquisition Regulations System.
[FR Doc. E8-13459 Filed 6-13-08; 8:45 am]
BILLING CODE 5001-08-P
