[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]


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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.

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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Authorization Act) are no longer in effect; (3) replaces the term 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