[Federal Register Volume 59, Number 62 (Thursday, March 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-7638]


[[Page Unknown]]

[Federal Register: March 31, 1994]


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DEPARTMENT OF DEFENSE

48 CFR Parts 219 and 252

 

Defense Federal Acquisition Regulation Supplement; Joint Ventures

AGENCY: Department of Defense (DoD).

ACTION: Withdrawal of proposed rule.

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SUMMARY: The rule, published December 1, 1992 (57 FR 56895), which 
proposed revisions to the Defense Federal Acquisition Regulation Parts 
219 and 252 to incorporate policy on eligibility of joint ventures for 
small disadvantaged business evaluation and award preferences is hereby 
withdrawn. This action is based on the United States Court of Federal 
Claims decision Number 93-738, Filed February 18, 1994 (Y.S.K. 
Construction Company versus The United States).

FOR FURTHER INFORMATION CONTACT:
Ms. Alyce Sullivan, telephone (703) 604-5930.

SUPPLEMENTARY INFORMATION: The Defense Acquisition Regulations Council, 
under DAR Case 91-054, proposed a revision to the Defense FAR 
Supplement in December 1992 that addressed the eligibility of joint 
ventures for small disadvantaged business evaluation and award 
preferences. After a review of the United States Court of Federal 
Claims decision Number 93-738, the DAR Council has agreed to withdraw 
the proposed rule from further consideration. The court found that DoD 
is without authority to address whether joint ventures are small 
disadvantaged businesses, that the Small Business Administration has 
this authority. Therefore, the proposed rule published on December 1, 
1992 (57 FR 56895) is hereby withdrawn.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.
[FR Doc. 94-7638 Filed 3-30-94; 8:45 am]
BILLING CODE 3810-01-M