[Federal Register Volume 61, Number 141 (Monday, July 22, 1996)] [Proposed Rules] [Pages 37878-37879] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 96-18432] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF DEFENSE 48 CFR Parts 219 and 252 [DFARS Case 96-D003] Defense Federal Acquisition Regulation Supplement; Certificate of Competency AGENCY: Department of Defense (DoD). ACTION: Proposed rule with request for comments. ----------------------------------------------------------------------- SUMMARY: The Director of Defense Procurement is proposing to amend the Defense Federal Acquisition Regulation Supplement (DFARS) to implement revisions made to the Small Business Administration's regulations covering the Procurement Assistance Programs (Part 125, Chapter I, Title 13 of the Code of Federal Regulations). DATES: Comments on the proposed rule should be submitted in writing to the address shown below on or before September 20, 1996, to be considered in the formulation of the final rule. ADDRESSES: Interested parties should submit written comments to: Defense Acquisition Regulations Council, Attn: Ms. Susan L. Schneider, [[Page 37879]] PDUSD(A&T)DP(DAR), IMD 3D139, 3062 Defense Pentagon, Washington, DC 20301-3062. Telefax number (703) 602-0350. Please cite DFARS Case 96- D003 in all correspondence related to this issue. FOR FURTHER INFORMATION CONTACT: Susan Schneider, (703) 602-0131. SUPPLEMENTARY INFORMATION: A. Background This proposed rule amends DFARS Parts 219 and 252 to implement changes made to the Small Business Administration's (SBA) regulations (Part 125, Chapter I, Title 13 of the Code of Federal Regulations). The proposed rule (1) updates the names of the SBA offices involved in processing Certificates of Competency in order to conform with final revisions to SBA regulations; (2) removes language referencing set- aside preferences for a small disadvantaged business manufacturer or regular dealer owned by an Indian tribe, including an Alaska Native Corporation, because the underlying statutes (Section 8051 of the 1994 Defense Authorization Act and Section 8012 of the 1995 Defense Authorization Act) are no longer in effect; (3) replaces the term ``regular dealer'' with ``nonmanufacturer'' to conform with final revisions to Department of Labor regulations; and (4) provides a DFARS definition for the term ``nonmanufacturer.'' B. Regulatory Flexibility Act The proposed 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., because the rule does not impose any new requirements on contractors, large or small. The proposed rule merely implements the SBA rule to clarify its applicability within the Department of Defense and makes administrative changes consistent with the changes in 13 CFR Part 125. An initial regulatory flexibility analysis has therefore not been performed. Comments are invited from small businesses and other interested parties. Comments from small entities concerning the affected DFARS subparts will also be considered in accordance with Section 610 of the Act. Such comments must be submitted separately and cite DFARS Case 96- D003 in correspondence. C. Paperwork Reduction Act The proposed rule does not impose any new reporting or recordkeeping requirements which require Office of Management and Budget approval under 44 U.S.C. 3501, et seq. List of Subjects in 48 CFR Parts 219 and 252 Government procurement. Michele P. Peterson, Executive Editor, Defense Acquisition Regulations Council. Therefore, it is proposed that 48 CFR Parts 219 and 252 be amended as follows: 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. PART 219--SMALL BUSINESS PROGRAMS 2. Section 219.602-3 is amended by revising paragraph (c)(i)(A) to read as follows: 219.602-3 Resolving differences between the agency and the Small Business Administration. (c)(i) * * * (A) A request for appeal, summarizing the issues. The request must be sent to arrive within five working days after receipt of the SBA Headquarters written position. * * * * * PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES 3. Section 252.219-7006 is amended by adding in paragraph (a), in alphabetical order, a definition of ``Nonmanufacturer''; and by revising the introductory text of paragraph (d)(1), paragraph (d)(2), and Alternate I to read as follows: 252.219-7006 Notice of evaluation preference for small disadvantaged business concerns. * * * * * (a) * * * ``Nonmanufacturer,'' as used in this clause, means a small disadvantaged business concern which, although not involved in the manufacture of the supplies required by the solicitation, is engaged in continuing sales of such supplies to the public. * * * * * (d) * * * (1) A small disadvantaged business concern, historically black college or university, or minority institution offeror agrees that in performance of the contract, in the case of a contract for-- * * * * * (2) A small disadvantaged business, historically black college or university, or minority institution nonmanufacturer submitting an offer in its own name agrees to furnish in performing this contract only end items manufactured or produced by small disadvantaged business concerns, historically black colleges or universities, or minority institutions in the United States. * * * * * ALTERNATE I (DATE) As prescribed in 219.7003, substitute the following paragraph (d)(2) for paragraph (d)(2) of the basic clause: (d)(2) A small disadvantaged business, historically black college or university, or minority institution nonmanufacturer submitting an offer in its own name agrees to furnish in performing this contract only end items manufactured or produced by small business concerns, historically black colleges or universities, or minority institutions in the United States. [FR Doc. 96-18432 Filed 7-19-96; 8:45 am] BILLING CODE 5000-04-M