[Federal Register Volume 64, Number 189 (Thursday, September 30, 1999)]
[Rules and Regulations]
[Pages 52670-52671]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-25162]
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DEPARTMENT OF DEFENSE
48 CFR Parts 205, 206, 217, 219, 225, 226, 236, 252, and 253
[DFARS Case 98-D007]
Defense Federal Acquisition Regulation Supplement; Reform of
Affirmative Action in Federal Procurement
AGENCY: Department of Defense (DoD).
ACTION: Final rule.
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SUMMARY: The Director of Defense Procurement is adopting as final, with
changes, an interim rule amending the Defense Federal Acquisition
Regulation Supplement (DFARS) policy concerning programs for small
disadvantaged business (SDB) concerns. The amendments conform to a
Department of Justice (DoJ) proposal to reform affirmative action in
Federal procurement, and are consistent with the changes made to the
Federal Acquisition Regulation (FAR) in Federal Acquisition Circulars
(FACs) 97-06 and 97-13. DoJ's proposal is designed to ensure compliance
with the constitutional standards established by the Supreme Court in
Adarand
[[Page 52671]]
Constructors, Inc. v. Pena, 115 S. Ct. 2097 (1995).
EFFECTIVE DATE: October 1, 1999.
FOR FURTHER INFORMATION CONTACT: Ms. Susan Schneider, Defense
Acquisition Regulations Council, PDUSD (A&T) DP (DAR), IMD 3D139, 3062
Defense Pentagon, Washington, DC 20301-3062. Telephone (703) 602-0326;
telefax (703) 602-0350. Please cite DFARS Case 98-D007.
SUPPLEMENTARY INFORMATION:
A. Background
This rule finalizes, with changes, the interim rule published at 63
FR 41972 on August 6, 1998. The interim rule was issued to conform the
DFARS to the interim FAR rule published in FAC 97-06, at 63 FR 35719 on
June 30, 1998, pertaining to reform of affirmative action in Federal
procurement. A final FAR rule on this subject was published in FAC 97-
13, at 64 FR 36222 on July 2, 1999, and will become effective on
October 1, 1999.
Two sources submitted comments on the interim DFARS rule published
on August 6, 1998. All comments were considered in the development of
the final rule. The final rule differs from the interim rule in that it
(1) amends DFARS 226.7008(b) to remove language requiring use of the
provision at FAR 52.226-2 when the clause at FAR 52.219-23 is used,
since FAC 97-13 added this requirement to the FAR; and (2) removes the
provision at 252.226-7001, since this provision duplicates the
provision at FAR 52.226-2.
This rule was not subject to Office of Management and Budget review
under Executive Order 12866, dated September 30, 1993.
B. Regulatory Flexibility Act
DoD certifies that this final rule will not 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 most of the changes merely conform the DFARS to the FAR rules
in FACs 97-06 and 97-13. Two source selection considerations for SDB
concerns currently in the DFARS, but not in the FAR, are amended by
this rule to conform to the DoJ model: Leader company contracting
(DFARS 217.401); and architect-engineer (A-E) services (DFARS 236.602).
These two changes are not expected to have a significant economic
impact on a substantial number of small entities, since (1) leader
company contracting is infrequently used by DoD; and (2) the primary
factor in A-E selection is the determination of the most highly
qualified firm; the SDB consideration is one of several secondary
source selection factors.
C. Paperwork Reduction Act
The Paperwork Reduction Act does not apply because the rule does
not impose any information collection requirements that require the
approval of the Office of Management and Budget under 44 U.S.C. 3501,
et seq.
List of Subjects in 48 CFR Parts 205, 206, 217, 219, 225, 226, 236,
252, and 253
Government procurement.
Michele P. Peterson,
Executive Editor, Defense Acquisition Regulations Council.
Interim Rule Adopted as Final With Changes
Accordingly, the interim rule amending 48 CFR parts 205, 206, 217,
219, 225, 226, 236, 252, and 253, which was published at 63 FR 41972 on
August 6, 1998, and amended at 63 FR 64427 on November 20, 1998, is
adopted as a final rule with the following changes:
1. The authority citation for 48 CFR parts 205, 206, 217, 219, 225,
226, 236, 252, and 253 continues to read as follows:
Authority: 41 U.S.C. 421 and 48 CFR Chapter 1.
PART 226--OTHER SOCIOECONOMIC PROGRAMS
2. Section 226.7008 is amended by revising paragraph (b) to read as
follows:
226.7008 Solicitation provision and contract clause.
* * * * * * *
(b) Use the provision at FAR 52.226-2, Historically Black College
or University and Minority Institution Representation, in solicitations
set aside for HBCU/MIs.
PART 252--SOLICITATION PROVISIONS AND CONTRACT CLAUSES
252.226-7001 [Removed]
3. Section 252.226-7001 is removed.
[FR Doc. 99-25162 Filed 9-29-99; 8:45 am]
BILLING CODE 5000-04-M