[Federal Register Volume 59, Number 82 (Friday, April 29, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-10129]


[[Page Unknown]]

[Federal Register: April 29, 1994]


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DEPARTMENT OF DEFENSE

48 CFR Parts 219, 226 and 252

 

Defense Federal Acquisition Regulation Supplement; Small 
Disadvantaged Business, Historically Black Colleges and Universities, 
and Minority Institutions

AGENCY: Department of Defense (DoD).

ACTION: Interim rule with request for public comments.

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SUMMARY: The Department of Defense has issued an interim rule amending 
the Defense Federal Acquisition Regulation Supplement to revise the 
definitions for historically black colleges (HBCUs) and universities 
and minority institutions (MIs). The rule also revises the requirement 
for an offeror to qualify as small disadvantaged business, HBCU, or MI 
both at time of submission of the offer and at time of award by 
eliminating the requirement to qualify at time of award.

DATES: Effective Date: April 21, 1994. Comment Date: Comments on the 
interim DFARS rule should be submitted in writing to the address shown 
below on or before June 28, 1994 to be considered in the formulation of 
a final rule.

ADDRESSES: Interested parties should submit written comments to the The 
Defense Acquisition Regulations Council, ATTN: Mrs. Alyce Sullivan, 
PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 
20301-3062. Telefax number (703) 604-5971. Please cite DFARS Case 93-
D315 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Mrs. Alyce Sullivan, (703) 604-5929.

SUPPLEMENTARY INFORMATION: 

A. Background

    Subsections 811(a) and (b), of the FY 1994 Defense Authorization 
Act (Pub. L. 103-160) revise the definitions for historically black 
colleges and universities (HBCU) and minority institutions (MI) in 10 
U.S.C. 2323(a)(1)(B) and (C). Subsection 811(c) eliminates the 
requirement for an entity that is seeking a DoD contract and represents 
itself as small disadvantaged business, HBCU, or MI to maintain its 
status as such entity at the time of award.
    The Director, Defense Procurement, issued Departmental Letter 94-
06, April 21, 1994, to implement Subsections 811(a), (b) and (c).

B. Regulatory Flexibility Act

    The interim rule is not expected to 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. The sole purpose 
of this rule is to implement statutory revisions. The impact, if any, 
would benefit small entities, because the requirement for retaining 
status as a small disadvantaged business, historically black college or 
university, or minority institution, at time of award is deleted. 
Comments from small entities concerning the affected DFARS subparts 
will be considered in accordance with 5 U.S.C. 610. Such comments must 
be submitted separately and cite DFARS Case 94-610 in correspondence.

C. Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because the revisions in 
this rulemaking notice do not contain and/or affect information 
collection requirements which require the approval of OMB under 44 
U.S.C. 3501 et seq.

D. Determination to Issue an Interim Rule

    A determination has been made under the authority of the Secretary 
of Defense to issue this rule as an interim rule. Urgent and compelling 
reasons exist to promulgate this rule before affording the public an 
opportunity to comment. This action is necessary because Subsections 
811(a), (b), and (c) became effective upon enactment of the Fiscal Year 
1994 Defense Authorization Act (Pub. L. 103-160), on November 30, 1993. 
However, pursuant to Public Law 98-577 and Federal Acquisition 
Regulation 1.501, public comments received in response to this interim 
rule will be considered in formulating the final rule.

List of Subjects in 48 CFR Parts 219, 226, and 252

    Government procurement.
Claudia L. Naugle,
Deputy Director, Defense Acquisition Regulations Council.

    1. The authority for 48 CFR parts 219, 226 and 252 continues to 
read as follows:

    Authority: 41 U.S.C. 421 and 48 CFR part 1.

PART 219--SMALL BUSINESS AND SMALL DISADVANTAGED BUSINESS CONCERNS

    2. Section 219.301 is amended by revising paragraph (a) 
introductory text to read as follows:


219.301  Representation by the offeror.

    (a) A concern must qualify as a small disadvantaged business (SDB) 
on the date of submission of its initial offer including price to be 
eligible for--
* * * * *

PART 226--OTHER SOCIOECONOMIC PROGRAMS

    3. Section 226.7005 is amended by revising paragraph (a)(1) to read 
as follows:


226.7005  Eligibility as an HBCU or MI.

    (a) * * *
    (1) Be an HBCU or MI, as defined in the clause at 252.226-7000, 
Notice of Historically Black College or University and Minority 
Institution Set-Aside, at the time of submission of its initial offer 
including price; and
* * * * *

PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES


252.219-7000  [AMENDED]

    4. Section 252.219-7000 is amended by revising the clause date to 
read ``(APR 1994)'' in lieu of ``(DEC 1991)''; by removing paragraph 
(d); and by redesignating paragraph (e) as (d).
    5. Section 252.219-7003 is amended by revising the clause date to 
read ``(APR 1994)'' in lieu of ``(APR 1993)'', and by revising 
paragraph (a) to read as follows:


252.219-7003  Small business and small disadvantaged business 
subcontracting plan (DoD contracts).

* * * * *
    (a) Definitions. Historically black colleges and universities, as 
used in this clause, means institutions determined by the Secretary of 
Education to meet the requirements of 34 CFR 608.2. The term also means 
any nonprofit research institution that was an integral part of such a 
college or university before November 14, 1986.
    Minority institutions, as used in this clause, means institutions 
meeting the requirements of section 1046(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving 
institutions as defined in section 316(b)(1) of such Act (20 U.S.C. 
1059c (b)(1)).
* * * * *
    6. Section 252.219-7006 is amended by revising the clause date to 
read ``(APR 1994)'' in lieu of ``(DEC 1991)'' and by revising paragraph 
(a) to read as follows:


252.219-7006  Notice of evaluation preference for small disadvantaged 
business concerns.

* * * * *
    (a) Definitions. Historically black colleges and universities, as 
used in this clause, means institutions determined by the Secretary of 
Education to meet the requirements of 34 CFR 608.2. The term also means 
any nonprofit research institution that was an integral part of such a 
college or university before November 14, 1986.
    Minority institutions, as used in this clause, means institutions 
meeting the requirements of section 1046(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving 
institutions as defined in section 316(b)(1) of such Act (20 U.S.C. 
1059c(b)(1)).
* * * * *
    7. Section 252.226-7000 is amended by revising the clause date to 
read ``(APR 1994)'' in lieu of ``(DEC 1990)''; and by revising, 
paragraphs (a) and (b) to read as follows:


252.226-7000  Notice of historically black college or university and 
minority institution set-aside.

    (a) Definitions. Historically black colleges and universities, as 
used in this clause, means institutions determined by the Secretary of 
Education to meet the requirements of 34 CFR 608.2. The term also means 
any nonprofit research institution that was an integral part of such a 
college or university before November 14, 1986.
    Minority institutions, as used in this clause, means institutions 
meeting the requirements of section 1046(3) of the Higher Education Act 
of 1965 (20 U.S.C. 1135d-5(3)). The term also includes Hispanic-serving 
institutions as defined in section 316(b)(1) of such Act (20 U.S.C. 
1059c(b)(1)).
    (b) General. (1) Offers are solicited only from historically black 
colleges or universities and minority institutions.
    (2) Any award resulting from this solicitation will be made only to 
an offeror which is a historically black college or university or a 
minority institution at the time of submission of its initial offer 
including price.
* * * * *
    8. Section 252.226-7001 is amended by revising the clause date to 
read ``(APR 1994)'' in lieu of ``(DEC 1991)''; by revising paragraph 
(a); and by removing paragraph (c) to read as follows:


252.226-7001  Historically black college or university and minority 
institution certification.

* * * * *
    (a) Definitions. Historically black colleges and universities, as 
used in this provision, means institutions determined by the Secretary 
of Education to meet the requirements of 34 CFR 608.2. The term also 
means any nonprofit research institution that was an integral part of 
such a college or university before November 14, 1986.
    Minority institutions, as used in this provision, means 
institutions meeting the requirements of section 1046(3) of the Higher 
Education Act of 1965 (20 U.S.C. 1135d-5(3)). The term also includes 
Hispanic-serving institutions as defined in section 316(b)(1) of such 
Act (20 U.S.C. 1059c(b)(1)).
* * * * *
[FR Doc. 94-10129 Filed 4-28-94; 8:45 am]
BILLING CODE 3810-01-M