[Federal Register Volume 60, Number 208 (Friday, October 27, 1995)]
[Rules and Regulations]
[Pages 54954-54955]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26683]



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DEPARTMENT OF DEFENSE

48 CFR Parts 219 and 252


Defense Federal Acquisition Regulation Supplement; Small 
Disadvantaged Business Utilization Program

AGENCY: Department of Defense (DoD).

ACTION: Suspension.

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SUMMARY: The Under Secretary of Defense for Acquisition and Technology 
has suspended those sections of the Defense Federal Acquisition 
Regulation Supplement (DFARS) which prescribe set-aside of acquisitions 
for small disadvantaged businesses. This action has been reviewed by 
the Office of Management and Budget under Executive Order 12866.

DATES: Effective Date: October 23, 1995. Comment Date: Comments on the 
suspension should be submitted in writing to the address below on or 
before November 27, 1995.

ADDRESSES: Interested parties should submit written comments to: 
Defense Acquisition Regulations Council, Attn: Ms. Susan Schneider, 
PDUSD (A&T) DP (DAR), IMD 3D139, 3062 Defense Pentagon, Washington, 
D.C. 20301-3062. Telefax number (703) 602-0350. Please cite Holding 
File 95-H746 in all correspondence related to this issue.

FOR FURTHER INFORMATION CONTACT:
Ms. Susan Schneider, (703) 602-0131.

SUPPLEMENTARY INFORMATION: 

A. Background

    This suspends Defense Federal Acquisition Regulation Supplement 
(DFARS) sections 219.501(S-70), 219.502-2-70, 219.502-4, 219.504(b)(i), 
219.506, 219.508(e), 219.508-70, and contract clause 252.219-7002. This 
suspension takes account of the Supreme Court's decision in Adarand 
Constructors, Inc. v. Pena, 63 U.S.L.W. 4523 (U.S. June 12, 1995).

B. Regulatory Flexibility Act

    This suspension may 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 
suspension precludes contracting officers from setting aside 
acquisitions for small disadvantaged business. The objective of the 
suspension is to take account of the decision of the Supreme Court in 
Adarand Constructors, Inc. v. Pena, 63 U.S.L.W. 4523 (U.S. June 12, 
1995) while an interagency government-wide review of affirmative action 
programs is conducted. An Initial Regulatory Flexibility Analysis 
(IRFA) has been prepared and may be obtained from the address specified 
herein. A copy of the IRFA has been submitted to the Chief Counsel for 
Advocacy of the Small Business Administration. Comments are invited 
from small businesses and other interested parties. Comments from small 
entities concerning the affected DFARS subparts will be considered in 
accordance with Section 610 of the Regulatory Flexibility Act. Such 
comments must be submitted separately and cite DFARS Holding File 95-
H746 in correspondence.

C. Paperwork Reduction Act

    This suspension does not impose any additional information 
collection requirements which require the approval of the Office of 
Management and Budget under 44 U.S.C. 3501, et seq.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.

List of Subjects in 48 CFR Parts 219 and 252

    Government procurement.

    Accordingly, Parts 219 and 252 are amended as follows:

[[Page 54955]]


PARTS 219 AND 252--[AMENDED]

    1. The authority citation for 48 CFR Parts 219 and 252 continues to 
read as follows:

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


219.501 (S-70), 219.502-2-70, 219.502-4, 219.506, 219.508, and 219.508-
70  [Suspended]

    2. Sections 219.501(S-70), 219.502-2-70, 219.502-4, 219.504(b)(i), 
219.506, 219.508(e), and 219.508-70, are suspended.


252.219-7002  [Suspended]

    3. Section 252.219-7002 is suspended.

[FR Doc. 95-26683 Filed 10-26-95; 8:45 am]
BILLING CODE 5000-04-M